Perry Code of Ordinances

CHAPTER 1
CODE OF ORDINANCES
1.01 Title 1.07 Amendments
1.02 Definitions 1.08 Catchlines and Notes
1.03 City Powers 1.09 Altering Code
1.04 Personal Liability and Indemnity 1.10 Standard Penalty
1.05 Personal Injuries 1.11 Severability
1.06 Rules of Construction 1.12 Right of Entry
1.01 TITLE. This code of ordinances shall be known and may be cited as the
Code of Ordinances of the City of Perry, Iowa, 2001.
1.02 DEFINITIONS. Where words and phrases used in this Code of

Ordinances are defined by State law, such definitions apply to their use in this
Code of Ordinances and are adopted by reference. Those definitions so adopted
that need further definition or are reiterated, and other words and phrases used
herein, have the following meanings, unless specifically defined otherwise in
another portion of this Code of Ordinances:
1. “Alley” means a public right-of-way, other than a street, affording
secondary means of access to abutting property.
2. “City” means the City of Perry, Iowa.
3. “Clerk” means the city clerk of Perry, Iowa.
4. “Code” means the specific chapter of this Code of Ordinances in
which a specific subject is covered and bears a descriptive title word
(such as the Building Code and/or a standard code adopted by
reference).
5. “Code of Ordinances” means the Code of Ordinances of the City
of Perry, Iowa, 2001.
6. “Council” means the city council of Perry, Iowa.
7. “County” means Dallas County, Iowa.
8. “Measure” means an ordinance, amendment, resolution or
motion.
9. “Month” means a calendar month.
10. “Oath” means an affirmation in all cases in which by law an
affirmation may be substituted for an oath, and in such cases the words
“affirm” and “affirmed” are equivalent to the words “swear” and
“sworn.”
CODE OF ORDINANCES, PERRY, IOWA

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CHAPTER 1 CODE OF ORDINANCES
11. “Occupant” or “tenant,” applied to a building or land, includes

any person who occupies the whole or a part of such building or land,
whether alone or with others.
12. “Ordinances” means the ordinances of the City of Perry, Iowa, as
embodied in this Code of Ordinances, ordinances not repealed by the
ordinance adopting this Code of Ordinances, and those enacted hereafter.
13. “Person” means an individual, firm, partnership, domestic or
foreign corporation, company, association or joint stock association,
trust, or other legal entity, and includes a trustee, receiver, assignee, or
similar representative thereof, but does not include a governmental body.
14. “Preceding” and “following” mean next before and next after,
respectively.
15. “Property” includes real property, and tangible and intangible
personal property unless clearly indicated otherwise.
16. “Property owner” means a person owning private property in the
City as shown by the County Auditor’s plats of the City.
17. “Public place” includes in its meaning, but is not restricted to, any
City-owned open place, such as parks and squares.
18. “Public property” means any and all property owned by the City
or held in the name of the City by any of the departments, commissions
or agencies within the City government.
19. “Public way” includes any street, alley, boulevard, parkway,
highway, sidewalk, or other public thoroughfare.
20. “Sidewalk” means that surfaced portion of the street between the
edge of the traveled way, surfacing, or curb line and the adjacent
property line, intended for the use of pedestrians.
21. “State” means the State of Iowa.
22. “Statutes” or “laws” means the latest edition of the Code of Iowa,
as amended.
23. “Street” or “highway” means the entire width between property
lines of every way or place of whatever nature when any part thereof is
open to the use of the public, as a matter of right, for purposes of
vehicular traffic.
24. “Writing” and “written” include printing, typing, lithographing,
or other mode of representing words and letters.
25. “Year” means a calendar year.

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1.03 CITY POWERS. The City may, except as expressly limited by the
Iowa Constitution, and if not inconsistent with the laws of the Iowa General
Assembly, exercise any power and perform any function it deems appropriate
to protect and preserve the rights, privileges and property of the City and of its
residents, and preserve and improve the peace, safety, health, welfare, comfort
and convenience of its residents and each and every provision of this Code of
Ordinances shall be deemed to be in the exercise of the foregoing powers and
the performance of the foregoing functions.
(Code of Iowa, Sec. 364.1)
1.04 PERSONAL LIABILITY AND INDEMNITY.

1. Officers and Employees. Officers and employees of the City,
including but not limited to elected members of the Council and
appointed members of the City boards, shall not be personally liable for
claims arising out of acts or omissions in the performance of their
employment and the duties and responsibilities vested in them under the
laws of the State of Iowa, excepting claims for punitive damages and
actions permitted under Section 85.20 of the Code of Iowa.
2. Officers and Employees – Punitive Damages. Officers and
employees of the City, including but not limited to elected members of
the Council and appointed members of City boards, shall not be
personally liable for punitive damages unless actual malice or willful,
wanton and reckless misconduct is proven.
3. Defense and Indemnity. The City shall defend, save harmless and
indemnify its officers and employees, whether elected or appointed,
including but not limited to elected members of the Council and
appointed members of City boards, against any claim or demand,
whether groundless or otherwise, arising out of the performance of the
duties and responsibilities vested in them under the laws of the State of
Iowa; provided, however, that an officer or employee shall not be
entitled to indemnification for punitive damages if in an action
commenced by the City, it is determined that the conduct of the
employee or officer upon which the claim or demand was based
constituted a willful, wanton and reckless act or omission.
4. Duty to Cooperate. In the event that an officer or employee fails
or refuses to cooperate in the defense against the claim or demand, the
City shall have a right of indemnification against that officer or
employee.
5. Permittees and Licensees. An applicant for any permit or license
under this Code of Ordinances, by making such application, assumes and

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agrees to pay for all injury to or death of any person or persons

whomsoever, and all loss of or damage to property whatsoever,
including all costs and expenses incident thereto, however arising from
or related to, directly, indirectly or remotely, the issuance of the permit
failure of such
h applicant, to
f this Code of
or license, and
es to indemnify
es to save them
its or liability
ing all costs and
e provisions of
r license issued
ce of the City
1.05 PERSONAL INJURIES. When action is brought against the City for
personal injuries alleged to have been caused by its negligence, the City may
notify in writing any person by whose negligence it claims the injury was
caused. The notice shall state the pendency of the action, the name of the
plaintiff, the name and location of the court where the action is pending, a brief
statement of the alleged facts from which the cause arose, that the City believes
that the person notified is liable to it for any judgment rendered against the
City, and asking the person to appear and defend. A judgment obtained in the
suit is conclusive in any action by the City against any person so notified, as to
the existence of the defect or other cause of the injury or damage, as to the
liability of the City to the plaintiff in the first named action, and as to the
amount of the damage or injury. The City may maintain an action against the
person notified to recover the amount of the judgment together with all the
expenses incurred by the City in the suit.
1.06 RULES OF CONSTRUCTION. In the construction of the Code of

Ordinances the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the Council or repugnant to
the context of the provisions.
1. Verb Tense and Plurals. Words used in the present tense include
the future, the singular number includes the plural and the plural number
includes the singular.
2. May. The word “may” confers a power.

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3. Must. The word “must” states a requirement.

4. Shall. The word “shall” imposes a duty.
5. Gender. The masculine gender includes the feminine and neuter
genders.
6. Interpretation. All general provisions, terms, phrases, and
expressions contained in the Code of Ordinances shall be liberally
construed in order that the true intent and meaning of the Council may
be fully carried out.
7. Extension of Authority. Whenever an officer or employee is
required or authorized to do an act by a provision of the Code of
Ordinances, the provision shall be construed as authorizing performance
by a regular assistant, subordinate or a duly authorized designee of said
officer or employee.
1.07 AMENDMENTS. All ordinances which amend, repeal or in any

manner affect this Code of Ordinances shall include proper reference to chapter,
section, subsection or paragraph to maintain an orderly codification of
ordinances of the City.
1.08 CATCHLINES AND NOTES. The catchlines of the several sections

of the Code of Ordinances, titles, headings (chapter, section and subsection),
editor’s notes, cross references and State law references, unless set out in the
body of the section itself, contained in the Code of Ordinances, do not
constitute any part of the law, and are intended merely to indicate, explain,
supplement or clarify the contents of a section.
1.09 ALTERING CODE. It is unlawful for any unauthorized person to

change or amend by additions or deletions, any part or portion of the Code of
Ordinances, or to insert or delete pages, or portions thereof, or to alter or tamper
with the Code of Ordinances in any manner whatsoever which will cause the
law of the City to be misrepresented thereby.
1.10 STANDARD PENALTY. Unless another penalty is expressly provided

by the Code of Ordinances for any particular provision, section or chapter, any
person failing to perform a duty, or obtain a license required by, or violating
any provision of the Code of Ordinances, or any rule or regulation adopted
herein by reference shall, upon conviction, be subject to a fine of not more than
five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days.
(Code of Iowa, Sec. 364.3[2])

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1.11 SEVERABILITY. If any section, provision or part of the Code of

Ordinances is adjudged invalid or unconstitutional, such adjudication will not
affect the validity of the Code of Ordinances as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
1.12 RIGHT OF ENTRY. Whenever necessary to make an inspection to

enforce the provisions of this Code of Ordinances, or whenever there is
reasonable cause to believe there exists a violation in any building or upon any
premises within the jurisdiction of the City, any authorized official of the City
may, upon presentation of proper credentials, enter such building or premises at
all reasonable times to inspect the same or to perform any duty imposed upon
said official by this Code of Ordinances. In the event the owner and/or
occupant refuses entry, any authorized official of the City is hereby empowered
to seek assistance from any court of competent jurisdiction in obtaining such
entry.
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CHAPTER 2
CHARTER
2.01 Title 2.04 Number and Term of Council
2.02 Form of Government 2.05 Term of Mayor
2.03 Powers and Duties 2.06 Copies on File
2.01 TITLE. This chapter may be cited as the charter of the City of Perry,
Iowa. †
2.02 FORM OF GOVERNMENT. The form of government of the City is

the Mayor-Council form of government.
2.03 POWERS AND DUTIES. The Council and Mayor and other City
officers have such powers and shall perform such duties as are authorized or
required by State law and by the ordinances, resolutions, rules and regulations
of the City.
2.04 NUMBER AND TERM OF COUNCIL. The Council consists of two

(2) Council Members elected at large and one (1) Council Member from each
of three (3) wards as established by this Code of Ordinances, elected for
overlapping terms of four (4) years.
2.05 TERM OF MAYOR. The Mayor is elected for a term of two (2) years.
2.06 COPIES ON FILE. The Clerk shall keep an official copy of the charter
on file with the official records of the Clerk and the Secretary of State, and shall
keep copies of the charter available at the Clerk’s office for public inspection.
†
EDITOR’S NOTE: Ordinance No. 475, adopting a charter for the City, was passed and approved by
the Council on August 20, 1973, and was published on August 24, 1973, in the Perry Daily Chief.

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CHAPTER 2 CHARTER
°°°°°°°°°°

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CHAPTER 3
BOUNDARIES
3.01 DIVISION INTO WARDS/PRECINCTS. The City is divided into

three (3) wards/voting precincts described as follows:
(Code of Iowa, Sec. 372.4 & 372.13[7])
1. First Ward/Precinct. All that part of the City of Perry, Iowa, lying
south of the line commencing at the west City limits on Willis Avenue
and proceeding east to the railroad right-of-way of the Union Pacific
Railroad, thence southeasterly to Otley Avenue, thence easterly to
Sixteenth Street, thence north to Willis Avenue, thence east along Willis
Avenue to the east City limits of the City.
2. Second Ward/Precinct. All of that part of the City lying north of
the First Ward/Precinct as heretofore described and south and east of a
line commencing at the west City limits on the C.M. St. P. & P.
abandoned main line to the railroad right-of-way of the Union Pacific
Railroad, thence southeasterly to Pattee Street, thence easterly on Pattee
Street to Eleventh Street, thence easterly on Record Street to Thirteenth
Street, thence south to Taft Street, thence easterly on Taft Street to
Sixteenth Street, thence north on Sixteenth Street to Park Street.
3. Third Ward/Precinct. All of that part of the City lying north and
west of a line commencing at the west City limits on the C.M. St. P. & P.
abandoned main line to the railroad right-of-way of the Union Pacific
Railroad, thence southeasterly to Pattee Street, thence easterly on Pattee
Street to Eleventh Street, thence easterly on Record Street to Thirteenth
Street, thence south to Taft Street, thence easterly on Taft Street to
Sixteenth Street, thence north on Sixteenth Street to Park Street.
(Ord. 770 – Dec. 01 Supp.)

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CHAPTER 3 BOUNDARIES

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CHAPTER 4
MUNICIPAL INFRACTIONS
4.01 Municipal Infraction 4.04 Civil Citations
4.02 Environmental Violation 4.05 Alternative Relief
4.03 Penalties 4.06 Criminal Penalties
4.01 MUNICIPAL INFRACTION. A violation of this Code of Ordinances

or any ordinance or code herein adopted by reference or the omission or failure
to perform any act or duty required by the same, with the exception of those
provisions specifically provided under State law as a felony, an aggravated
misdemeanor, or a serious misdemeanor, or a simple misdemeanor under
Chapters 687 through 747 of the Code of Iowa, is a municipal infraction
punishable by civil penalty as provided herein.
4.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is

a violation of Chapter 455B of the Code of Iowa or of a standard established by
the City in consultation with the Department of Natural Resources, or both,
may be classified as an environmental violation. However, the provisions of
this section shall not be applicable until the City has offered to participate in
informal negotiations regarding the violation or to the following specific
violations:
(Code of Iowa, Sec. 364.22 [1])
1. A violation arising from noncompliance with a pretreatment
standard or requirement referred to in 40 C.F.R. §403.8.
2. The discharge of airborne residue from grain, created by the
handling, drying or storing of grain, by a person not engaged in the
industrial production or manufacturing of grain products.
3. The discharge of airborne residue from grain, created by the
handling, drying or storing of grain, by a person engaged in such
industrial production or manufacturing if such discharge occurs from
September 15 to January 15.
4.03 PENALTIES. A municipal infraction is punishable by the following

civil penalties:
1. Standard Civil Penalties.
A. First Offense - Not to exceed $500.00

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CHAPTER 4 MUNICIPAL INFRACTIONS
B. Each Repeat Offense - Not to exceed $750.00

Each day that a violation occurs or is permitted to exist constitutes a
repeat offense.
2. Special Civil Penalties.
A. A municipal infraction arising from noncompliance with a
pretreatment standard or requirement, referred to in 40 C.F.R.
§403.8, by an industrial user is punishable by a penalty of not
more than one thousand dollars ($1,000.00) for each day a
violation exists or continues.
B. A municipal infraction classified as an environmental
violation is punishable by a penalty of not more than one
thousand dollars ($1,000.00) for each occurrence. However, an
environmental violation is not subject to such penalty if all of the
following conditions are satisfied:
(1) The violation results solely from conducting an
initial startup, cleaning, repairing, performing scheduled
maintenance, testing, or conducting a shutdown of either
equipment causing the violation or the equipment designed
to reduce or eliminate the violation.
(2) The City is notified of the violation within twenty-
four (24) hours from the time that the violation begins.
(3) The violation does not continue in existence for
more than eight (8) hours.
4.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this
Code of Ordinances may issue a civil citation to a person who commits a
municipal infraction. The citation may be served by personal service as
provided in Rule of Civil Procedure 56.1, by certified mail addressed to the
defendant at defendant’s last known mailing address, return receipt requested,
or by publication in the manner as provided in Rule of Civil Procedure 60 and
subject to the conditions of Rule of Civil Procedure 60.1. A copy of the citation
shall be retained by the issuing officer, and one copy shall be sent to the Clerk
of the District Court. The citation shall serve as notification that a civil offense
has been committed and shall contain the following information:
1. The name and address of the defendant.
2. The name or description of the infraction attested to by the officer
issuing the citation.

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3. The location and time of the infraction.

4. The amount of civil penalty to be assessed or the alternative relief
sought, or both.
5. The manner, location, and time in which the penalty may be paid.
6. The time and place of court appearance.
7. The penalty for failure to appear in court.
4.05 ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in

this chapter does not preclude the City from seeking alternative relief from the
court in the same action. Such alternative relief may include, but is not limited
to, an order for abatement or injunctive relief.
4.06 CRIMINAL PENALTIES. This chapter does not preclude a peace

officer from issuing a criminal citation for a violation of this Code of
Ordinances or regulation if criminal penalties are also provided for the
violation. Nor does it preclude or limit the authority of the City to enforce the
provisions of this Code of Ordinances by criminal sanctions or other lawful
means.

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CHAPTER 5
OPERATING PROCEDURES
5.01 Oaths 5.07 Conflict of Interest
5.02 Bonds 5.08 Resignations
5.03 Duties: General 5.09 Removal of Appointed Officers and Employees
5.04 Books and Records 5.10 Vacancies
5.05 Transfer to Successor 5.11 Gifts
5.06 Meetings
5.01 OATHS. The oath of office shall be required and administered in

accordance with the following:
1. Qualify for Office. Each elected or appointed officer shall qualify
for office by taking the prescribed oath and by giving, when required, a
bond. The oath shall be taken, and bond provided, after being certified
as elected but not later than noon of the first day which is not a Sunday
or a legal holiday in January of the first year of the term for which the
officer was elected.
2. Prescribed Oath. The prescribed oath is: “I, (name), do solemnly
swear that I will support the Constitution of the United States and the
Constitution of the State of Iowa, and that I will faithfully and
impartially, to the best of my ability, discharge all duties of the office of
(name of office) in Perry as now or hereafter required by law.”
3. Officers Empowered to Administer Oaths. The following are
empowered to administer oaths and to take affirmations in any matter
pertaining to the business of their respective office:
A. Mayor
B. City Clerk
C. Members of all boards, commissions or bodies created by
law.
(Code of Iowa, Sec. 63A.2)
5.02 BONDS. Surety bonds are provided in accordance with the following:
1. Required. The Council shall provide by resolution for a surety
bond or blanket position bond running to the City and covering the
Mayor, Clerk, Treasurer and such other officers and employees as may
be necessary and advisable.

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CHAPTER 5 OPERATING PROCEDURES

2. Bonds Approved. Bonds shall be approved by the Council.
3. Bonds Filed. All bonds, after approval and proper record, shall be
filed with the Clerk.
4. Record. The Clerk shall keep a book, to be known as the “Record
of Official Bonds” in which shall be recorded the official bonds of all
City officers, elective or appointive.
5.03 DUTIES: GENERAL. Each municipal officer shall exercise the

powers and perform the duties prescribed by law and this Code of Ordinances,
or as otherwise directed by the Council unless contrary to State law or City
charter.
5.04 BOOKS AND RECORDS. All books and records required to be kept
by law or ordinance shall be open to examination by the public upon request,
unless some other provisions of law expressly limit such right or require such
records to be kept confidential. Access to public records which are combined
with data processing software shall be in accordance with policies and
procedures established by the City.
(Code of Iowa, Sec. 22.2 & 22.3A)
5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to his or

her successor in office all books, papers, records, documents and property in the
officer’s custody and appertaining to that office.
5.06 MEETINGS. All meetings of the Council, any board or commission, or

any multi-membered body formally and directly created by any of the foregoing
bodies shall be held in accordance with the following:
1. Notice of Meetings. Reasonable notice, as defined by State law,
of the time, date and place of each meeting, and its tentative agenda shall
be given.
2. Meetings Open. All meetings shall be held in open session unless
closed sessions are held as expressly permitted by State law.

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3. Minutes. Minutes shall be kept of all meetings showing the date,

time and place, the members present, and the action taken at each
meeting. The minutes shall show the results of each vote taken and
information sufficient to indicate the vote of each member present. The
vote of each member present shall be made public at the open session.
The minutes shall be public records open to public inspection.
4. Closed Session. A closed session may be held only by
affirmative vote of either two-thirds of the body or all of the members
present at the meeting and in accordance with Chapter 21 of the Code of
Iowa.
5. Cameras and Recorders. The public may use cameras or
recording devices at any open session.
6. Electronic Meetings. A meeting may be conducted by electronic
means only in circumstances where such a meeting in person is
impossible or impractical and then only in compliance with the
provisions of Chapter 21 of the Code of Iowa.
5.07 CONFLICT OF INTEREST. A City officer or employee shall not

have an interest, direct or indirect, in any contract or job of work or material or
the profits thereof or services to be furnished or performed for the City, unless
expressly permitted by law. A contract entered into in violation of this section
is void. The provisions of this section do not apply to:
1. Compensation of Officers. The payment of lawful compensation
of a City officer or employee holding more than one City office or
position, the holding of which is not incompatible with another public
office or is not prohibited by law.
2. Investment of Funds. The designation of a bank or trust company
as a depository, paying agent, or for investment of funds.
3. City Treasurer. An employee of a bank or trust company, who
serves as Treasurer of the City.
4. Stock Interests. Contracts in which a City officer or employee
has an interest solely by reason of employment, or a stock interest of the

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kind described in subsection 8 of this section, or both, if the contract is

for professional services not customarily awarded by competitive bid, if
the remuneration of employment will not be directly affected as a result
of the contract, and if the duties of employment do not directly involve
the procurement or preparation of any part of the contract.
5. Newspaper. The designation of an official newspaper.
6. Existing Contracts. A contract in which a City officer or
employee has an interest if the contract was made before the time the
officer or employee was elected or appointed, but the contract may not
be renewed.
7. Volunteers. Contracts with volunteer fire fighters or civil defense
volunteers.
8. Corporations. A contract with a corporation in which a City
officer or employee has an interest by reason of stock holdings when less
than five percent (5%) of the outstanding stock of the corporation is
owned or controlled directly or indirectly by the officer or employee or
the spouse or immediate family of such officer or employee.
9. Contracts. Contracts made by the City upon competitive bid in
writing, publicly invited and opened.
10. Cumulative Purchases. Contracts not otherwise permitted by this
section, for the purchase of goods or services which benefit a City
officer or employee, if the purchases benefiting that officer or employee
do not exceed a cumulative total purchase price of fifteen hundred
dollars ($1500.00) in a fiscal year.
11. Franchise Agreements. Franchise agreements between the City
and a utility and contracts entered into by the City for the provision of
essential City utility services.
5.08 RESIGNATIONS. An elected officer who wishes to resign may do so

by submitting a resignation in writing to the Clerk so that it shall be properly
recorded and considered. A person who resigns from an elective office is not
eligible for appointment to the same office during the time for which the person

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was elected, if during that time the compensation of the office has been
increased.
5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES.

Except as otherwise provided by State or City law, all persons appointed to City
office or employment may be removed by the officer or body making the
appointment, but every such removal shall be by written order. The order shall
give the reasons, be filed in the office of the Clerk, and a copy shall be sent by
certified mail to the person removed, who, upon request filed with the Clerk
within thirty (30) days after the date of mailing the copy, shall be granted a
public hearing before the Council on all issues connected with the removal.
The hearing shall be held within thirty (30) days after the date the request is
filed, unless the person removed requests a later date.
5.10 VACANCIES. A vacancy in an elective City office during a term of

office shall be filled, at the Council’s option, by one of the two following
procedures:
1. Appointment. By appointment following public notice by the
remaining members of the Council within forty (40) days after the
vacancy occurs, except that if the remaining members do not constitute a
quorum of the full membership, or if a petition is filed requesting an
election, the Council shall call a special election as provided by law.
(Code of Iowa, Sec. 372.13 [2a])
2. Election. By a special election held to fill the office for the
remaining balance of the unexpired term as provided by law.
(Code of Iowa, Sec. 372.13 [2b])

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5.11 GIFTS. Except as otherwise provided in Chapter 68B of the Code of

Iowa, a public official, public employee or candidate, or that person’s
immediate family member, shall not, directly or indirectly, accept or receive
any gift or series of gifts from a “restricted donor” as defined in Chapter 68B
and a restricted donor shall not, directly or indirectly, individually or jointly
with one or more other restricted donors, offer or make a gift or a series of gifts
to a public official, public employee or candidate.
(Code of Iowa, Sec. 68B.22)

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CHAPTER 6
CITY ELECTIONS
6.01 Nominating Method to be Used 6.04 Preparation of Petition and Affidavit
6.02 Nominations by Petition 6.05 Filing, Presumption, Withdrawals, Objections
6.03 Adding Name by Petition 6.06 Persons Elected
6.01 NOMINATING METHOD TO BE USED. All candidates for elective

municipal offices shall be nominated under the provisions of Chapter 45 of the
Code of Iowa.
6.02 NOMINATIONS BY PETITION. Nominations for elective

municipal offices of the City may be made by nomination paper or papers
signed by not less than twenty-five (25) eligible electors, residents of the City.
6.03 ADDING NAME BY PETITION. The name of a candidate placed

upon the ballot by any other method than by petition shall not be added by
petition for the same office.
6.04 PREPARATION OF PETITION AND AFFIDAVIT. Each eligible

elector who signs a nominating petition shall add to the signature the elector’s
residence address, and date of signing. The person whose nomination is
proposed by the petition shall not sign it. Each candidate shall complete and
file a signed, notarized affidavit of candidacy. The affidavit shall be filed at the
same time as the nomination petition. The affidavit shall be in the form
prescribed by the Secretary of State and shall include information required by
the Code of Iowa.
6.05 FILING, PRESUMPTION, WITHDRAWALS, OBJECTIONS. The

time and place of filing nomination petitions, the presumption of validity
thereof, the right of a candidate so nominated to withdraw and the effect of such
withdrawal, and the right to object to the legal sufficiency of such petitions, or
to the eligibility of the candidate, shall be governed by the appropriate

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CHAPTER 6 CITY ELECTIONS
6.06 PERSONS ELECTED. The candidates who receive the greatest

number of votes for each office on the ballot are elected, to the extent necessary
to fill the positions open.

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CHAPTER 7
FISCAL MANAGEMENT
7.01 Purpose 7.06 Budget Amendments
7.02 Finance Officer 7.07 Accounting
7.03 Cash Control 7.08 Financial Reports
7.04 Fund Control 7.09 Payment of Fees, Fines or Unsatisfied Judgments
7.05 Operating Budget Preparation as a Prerequisite to Issuance by the City of a
License or Permit
7.01 PURPOSE. The purpose of this chapter is to establish policies and

provide for rules and regulations governing the management of the financial
affairs of the City.
7.02 FINANCE OFFICER. The Finance Officer is the finance and

accounting officer of the City and is responsible for the administration of the
provisions of this chapter. (Ord. 787 – Nov. 02 Supp.)
7.03 CASH CONTROL. To assure the proper accounting and safe custody
of moneys the following shall apply:
1. Deposit of Funds. All moneys or fees collected for any purpose
by any City officer shall be deposited through the office of the finance
officer. If any said fees are due to an officer, they shall be paid to the
officer by check drawn by the finance officer and approved by the
Council only upon such officer’s making adequate reports relating
thereto as required by law, ordinance or Council directive.
2. Deposits and Investments. All moneys belonging to the City shall
be promptly deposited in depositories selected by the Council in
amounts not exceeding the authorized depository limitation established
by the Council or invested in accordance with the City’s written
investment policy and State law, including joint investments as
authorized by Section 384.21 of the Code of Iowa.
(Code of Iowa, Sec. 384.21, 12B.10, 12C.1)
3. Petty Cash Fund. The finance officer shall be custodian of a petty
cash fund for the payment of small claims for minor purchases, collect-
on-delivery transportation charges and small fees customarily paid at the
time of rendering a service, for which payments the finance officer shall
obtain some form of receipt or bill acknowledged as paid by the vendor
or agent. At such time as the petty cash fund is approaching depletion,
the finance officer shall draw a check for replenishment in the amount of
the accumulated expenditures and said check and supporting detail shall

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CHAPTER 7 FISCAL MANAGEMENT
be submitted to the Council as a claim in the usual manner for claims

and charged to the proper funds and accounts. It shall not be used for
salary payments or other personal services or personal expenses.
7.04 FUND CONTROL. There shall be established and maintained separate

and distinct funds in accordance with the following:
1. Revenues. All moneys received by the City shall be credited to
the proper fund as required by law, ordinance or resolution.
2. Expenditures. No disbursement shall be made from a fund unless
such disbursement is authorized by law, ordinance or resolution, was
properly budgeted, and supported by a claim approved by the Council.
3. Emergency Fund. No transfer may be made from any fund to the
Emergency Fund.
(IAC, 545-2.5 [384,388], Sec. 2.5[2])
4. Debt Service Fund. Except where specifically prohibited by State
law, moneys may be transferred from any other City fund to the Debt
Service Fund to meet payments of principal and interest. Such transfers
must be authorized by the original budget or a budget amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[3])
5. Capital Improvements Reserve Fund. Except where specifically
prohibited by State law, moneys may be transferred from any City fund
to the Capital Improvements Reserve Fund. Such transfers must be
authorized by the original budget or a budget amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[4])
6. Utility and Enterprise Funds. A surplus in a Utility or Enterprise
Fund may be transferred to any other City fund, except the Emergency
Fund and Road Use Tax Funds, by resolution of the Council. A surplus
may exist only after all required transfers have been made to any
restricted accounts in accordance with the terms and provisions of any
revenue bonds or loan agreements relating to the Utility or Enterprise
Fund. A surplus is defined as the cash balance in the operating account
or the unrestricted retained earnings calculated in accordance with
generally accepted accounting principles in excess of:
A. The amount of the expense of disbursements for operating
and maintaining the utility or enterprise for the preceding three
(3) months, and
B. The amount necessary to make all required transfers to
restricted accounts for the succeeding three (3) months.
(IAC, 545-2.5[384,388], Sec. 2.5[5])

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7. Balancing of Funds. Fund accounts shall be reconciled at the

close of each month and a report thereof submitted to the Council.
7.05 OPERATING BUDGET PREPARATION. The annual operating

budget of the City shall be prepared in accordance with the following:
1. Proposal Prepared. The finance officer is responsible for
preparation of the annual budget detail, for review by the Mayor and
Council and adoption by the Council in accordance with directives of the
Mayor and Council.
2. Boards and Commissions. All boards, commissions and other
administrative agencies of the City that are authorized to prepare and
administer budgets must submit their budget proposals to the finance
officer for inclusion in the proposed City budget at such time and in such
form as required by the Council.
3. Submission to Council. The finance officer shall submit the
completed budget proposal to the Council no later than February 15 of
each year.
4. Council Review. The Council shall review the proposed budget
and may make any adjustments in the budget which it deems appropriate
before accepting such proposal for publication, hearing and final
adoption.
5. Notice of Hearing. Upon adopting a proposed budget the Council
shall set a date for public hearing thereon to be held before March 15 and
cause notice of such hearing and a summary of the proposed budget to
be published not less than ten (10) nor more than twenty (20) days
before the date established for the hearing. Proof of such publication
must be filed with the County Auditor.
6. Copies of Budget on File. Not less than twenty (20) days before
the date that the budget must be certified to the County Auditor and not
less than ten (10) days before the public hearing, the Clerk shall make
available a sufficient number of copies of the detailed budget to meet the
requests of taxpayers and organizations, and have them available for
distribution at the offices of the Mayor and Clerk and at the City library.
7. Adoption and Certification. After the hearing, the Council shall
adopt, by resolution, a budget for at least the next fiscal year and the
Clerk shall certify the necessary tax levy for the next fiscal year to the
County Auditor and the County Board of Supervisors. The tax levy
certified may be less than, but not more than, the amount estimated in

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the proposed budget. Two copies each of the detailed budget as adopted
and of the tax certificate must be transmitted to the County Auditor.
7.06 BUDGET AMENDMENTS. A City budget finally adopted for the

following fiscal year becomes effective July 1 and constitutes the City
appropriation for each program and purpose specified therein until amended as
provided by this section.
1. Program Increase. Any increase in the amount appropriated to a
program must be prepared, adopted and subject to protest in the same
manner as the original budget.
(IAC, 545-2.2 [384, 388])
2. Program Transfer. Any transfer of appropriation from one
program to another must be prepared, adopted and subject to protest in
the same manner as the original budget.
(IAC, 545-2.3 [384, 388])
3. Activity Transfer. Any transfer of appropriation from one activity
to another activity within a program must be approved by resolution of
the Council.
(IAC, 545-2.4 [384, 388])
4. Administrative Transfers. The finance officer shall have the
authority to adjust, by transfer or otherwise, the appropriations allocated
within a specific activity without prior Council approval.
(IAC, 545-2.4 [384, 388])
7.07 ACCOUNTING. The accounting records of the City shall consist of

not less than the following:
1. Books of Original Entry. There shall be established and
maintained books of original entry to provide a chronological record of
cash received and disbursed.
2. General Ledger. There shall be established and maintained a
general ledger controlling all cash transactions, budgetary accounts and
for recording unappropriated surpluses.
3. Checks. Checks shall be prenumbered and all checks written
shall be signed by officials designated by resolution. Vendor checks,
specifically excluding payroll checks, over $1,000 shall require two
designated signatures. Exceptions are provided by subsection 5 hereof.
(Ord. 787 – Nov. 02 Supp.)

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4. Budget Accounts. There shall be established such individual

accounts to record receipts by source and expenditures by program and
activity as will provide adequate information and control for budgeting
purposes as planned and approved by the Council. Each individual
account shall be maintained within its proper fund and so kept that
receipts can be immediately and directly compared with revenue
estimates and expenditures can be related to the authorizing
appropriation. No expenditure shall be posted except to the
appropriation for the function and purpose for which the expense was
incurred.
5. Immediate Payment Authorized. The Council may by resolution
authorize the Finance Officer to issue checks for immediate payment of
amounts due, which if not paid promptly would result in loss of
discount, penalty for late payment or additional interest cost. Any such
payments made shall be reported to the Council for review and approval
with and in the same manner as other claims at the next meeting
following such payment. The resolution authorizing immediate payment
shall specify the type of payment so authorized and may include but is
not limited to payment of utility bills, contractual obligations, payroll
and bond principal and interest. (Ord. 787 – Nov. 02 Supp.)
7.08 FINANCIAL REPORTS. The finance officer shall prepare and file the
following financial reports:
1. Monthly Reports. There shall be submitted to the Council each
month a report showing the activity and status of each fund, program,
sub-program and activity for the preceding month.
2. Annual Report. Not later than December first of each year there
shall be published an annual report containing a summary for the
preceding fiscal year of all collections and receipts, all accounts due the
City, and all expenditures, the current public debt of the City, and the
legal debt limit of the City for the current fiscal year. A copy of the
annual report must be filed with the Auditor of State not later than
December 1 of each year.
7.09 PAYMENT OF FEES, FINES OR UNSATISFIED JUDGMENTS

AS A PREREQUISITE TO ISSUANCE BY THE CITY OF A LICENSE
OR PERMIT. Prior to the issuance of a license or permit by the City, the
Finance Officer shall made a diligent search of City and Waterworks records to
determine if the applicant owed any fines or fees to the City or Waterworks, or
has an unsatisfied judgment in favor of the City or Waterworks. If there are

- 39 -
fees or fines due and owing, such fees and fines, or both, shall be paid in full
prior to the issuance of a license or permit. If the applicant has an unsatisfied
judgment in favor of the City or Waterworks, that judgment must be satisfied
with evidence of such presented to the Finance Officer prior to the issuance of
the license or permit. (Ord. 794 – Jul. 03 Supp.)

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CHAPTER 8
INDUSTRIAL PROPERTY TAX EXEMPTIONS

8.01 Purpose 8.06 Applications
8.02 Definitions 8.07 Approval
8.03 Period of Partial Exemption 8.08 Exemption Repealed
8.04 Amounts Eligible for Exemption 8.09 Dual Exemptions Prohibited
8.05 Limitations
8.01 PURPOSE. The purpose of this chapter is to provide for a partial

exemption from property taxation of the actual value added to industrial real
estate by the new construction of industrial real estate, research-service
facilities, warehouses, distribution centers and the acquisition of or
improvement to machinery and equipment assessed as real estate.
8.02 DEFINITIONS. For use in this chapter the following terms are defined:
1. “Actual value added” means the actual value added as of the first
year for which the exemption is received, except that actual value added
by improvements to machinery and equipment means the actual value as
determined by the local assessor as of January 1 of each year for which
the exemption is received.
2. “Distribution center” means a building or structure used primarily
for the storage of goods which are intended for subsequent shipment to
retail outlets. Distribution center does not mean a building or structure
used primarily to store raw agricultural products, used primarily by a
manufacturer to store goods to be used in the manufacturing process,
used primarily for the storage of petroleum products, or used for the
retail sale of goods.
3. “New construction” means new buildings and structures and
includes new buildings and structures which are constructed as additions
to existing buildings and structures. New construction does not include
reconstruction of an existing building or structure which does not
constitute complete replacement of an existing building or structure or
refitting of an existing building or structure unless the reconstruction of
an existing building or structure is required due to economic
obsolescence and the reconstruction is necessary to implement
recognized industry standards for the manufacturing and processing of
specific products and the reconstruction is required for the owner of the
building or structure to continue competitively to manufacture or process
those products, which determination shall receive prior approval from

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CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
the City Council of the City upon the recommendation of the Iowa
Department of Economic Development.
4. “New machinery and equipment assessed as real estate” means
new machinery and equipment assessed as real estate pursuant to Section
427A.1, Subsection 1, Paragraph “e”, Code of Iowa, unless the
machinery or equipment is part of the normal replacement or operating
process to maintain or expand the existing operational status.
5. “Research-service facilities” means a building or group of
buildings devoted primarily to research and development activities,
including, but not limited to, the design and production or manufacture
of prototype products for experimental use, and corporate research
services which do not have a primary purpose of providing on-site
services to the public.
6. “Warehouse” means a building or structure used as a public
warehouse for the storage of goods pursuant to Chapter 554, Article 7, of
the Code of Iowa, except that it does not mean a building or structure
used primarily to store raw agricultural products or from which goods
are sold at retail.
8.03 PERIOD OF PARTIAL EXEMPTION. The actual value added to

industrial real estate by the new construction of industrial real estate, research-
service facilities, warehouses, distribution centers, and the acquisition of or
improvement to machinery and equipment assessed as real estate, is eligible to
receive a partial exemption from taxation for a period of five (5) years.
8.04 AMOUNTS ELIGIBLE FOR EXEMPTION. The amount of actual

value added which is eligible to be exempt from taxation shall be as follows:
1. For the first year, seventy-five percent (75%)
2. For the second year, sixty percent (60%)
3. For the third year, forty-five percent (45%)
4. For the fourth year, thirty percent (30%)
5. For the fifth year, fifteen percent (15%)
8.05 LIMITATIONS. The granting of the exemption under this chapter for
new construction constituting complete replacement of an existing building or
structure shall not result in the assessed value of the industrial real estate being
reduced below the assessed value of the industrial real estate before the start of
the new construction added.

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8.06 APPLICATIONS. An application shall be filed for each project

resulting in actual value added for which an exemption is claimed.
1. The application for exemption shall be filed by the owner of the
property with the local assessor by February 1 of the assessment year in
which the value added is first assessed for taxation.
2. Applications for exemption shall be made on forms prescribed by
the Director of Revenue and Finance and shall contain information
pertaining to the nature of the improvement, its cost, and other
information deemed necessary by the Director of Revenue and Finance.
8.07 APPROVAL. A person may submit a proposal to the City Council to

receive prior approval for eligibility for a tax exemption on new construction.
If the City Council resolves to consider such proposal, it shall publish notice
and hold a public hearing thereon. Thereafter, at least thirty days after such
hearing the City Council, by ordinance, may give its prior approval of a tax
exemption for new construction if the new construction is in conformance with
City zoning. Such prior approval shall not entitle the owner to exemption from
taxation until the new construction has been completed and found to be
qualified real estate.
8.08 EXEMPTION REPEALED. When in the opinion of the City Council

continuation of the exemption granted by this chapter ceases to be of benefit to
the City, the City Council may repeal this chapter, but all existing exemptions
shall continue until their expiration.
8.09 DUAL EXEMPTIONS PROHIBITED. A property tax exemption

under this chapter shall not be granted if the property for which the exemption
is claimed has received any other property tax exemption authorized by law.

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°°°°°°°°°°

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CHAPTER 9
ECONOMIC DEVELOPMENT PROPERTY TAX

EXEMPTION
9.01 Purpose 9.03 Eligibility
9.02 Definitions 9.04 Application
9.01 PURPOSE. The purpose of this chapter is to provide for a property tax
exemption for shell buildings constructed by community development
organizations, not-for-profit cooperative associations under Chapter 499 of the
Code of Iowa or for-profit entities for speculative purposes in accordance with
Section 427.1 of the Code of Iowa.
1. “Community development organization” means a City organi-
zation or a multi-community group formed for one or more of the
following purposes:
A. To promote, stimulate, develop, and advance the business
prosperity and economic welfare of the community, area, or
region and its citizens.
B. To encourage and assist the location of new business and
industry.
C. To rehabilitate and assist existing business and industry.
D. To stimulate and assist in the expansion of business
activity.
For purposes of this definition, a community development organization
must have at least fifteen (15) members with representation from the
government at the level or levels corresponding to the community
development organization’s area of operation; a private sector lending
institution; a community organization in the area; business in the area;
and private citizens in the community.
2. “New construction” means new buildings or structures and
includes new buildings or structures which are constructed as additions
to existing buildings or structures. “New construction” also includes
reconstruction or renovation of an existing building or structure which
constitutes complete replacement of an existing building or structure or
refitting of an existing building or structure, if the reconstruction or

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CHAPTER 9 ECONOMIC DEVELOPMENT PROPERTY TAX EXEMPTION
renovation of the existing building or structure is required due to

economic obsolescence, if the reconstruction or renovation is necessary
to implement recognized industry standards for the manufacturing or
processing of products, and the reconstruction or renovation is required
in order to competitively manufacture or process products or for
community development organizations, not-for-profit cooperative
associations under Chapter 499 of the Code of Iowa or for-profit entities
to market a building or structure as a speculative shell building, which
determination must receive prior approval from the Council.
3. “Speculative shell building” means a building or structure owned
and constructed or reconstructed by a community development
organization, a not-for-profit cooperative association under Chapter 499
of the Code of Iowa or a for-profit entity without a tenant or buyer for
the purpose of attracting an employer or user which will complete the
building to the employer’s or user’s specification for manufacturing,
processing, or warehousing the employer’s or user’s product line.
9.03 ELIGIBILITY. The new construction of shell buildings, or the portion

of the value added to buildings being reconstructed or renovated in order to
become speculative shell buildings, by the community development
organization, not-for-profit cooperative association under Chapter 499 of the
Code of Iowa or for-profit entity is eligible for property tax exemption
commencing the assessment year in which the building is first assessed or in
which the reconstruction or renovation first adds value. The exemption shall
continue until the property is leased or sold or until terminated by ordinance of
the Council. The exemption shall continue for a period of five (5) years.
Eligibility for an exemption as a speculative shell building shall be determined
as of January 1 of the assessment year. However, an exemption shall not be
granted a speculative shell building of a not-for-profit cooperative association
under Chapter 499 of the Code of Iowa or a for-profit entity if the building is
used by the cooperative association or for-profit entity or a subsidiary or
majority owners thereof for other than as a speculative shell building.
9.04 APPLICATION. An application shall be filed with the local assessor

for each project for which an exemption is claimed in accordance with Section
427B.4 of the Code of Iowa.

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EDITOR’S NOTE
The following ordinances, not codified herein and specifically saved from
repeal, have been adopted granting prior approval and remain in full force and
effect.
ORDINANCE NO. ADOPTED ENTITY

698 June 17, 1996 Perry Property, LLC

- 51 -
°°°°°°°°°°

- 52 -
CHAPTER 10
URBAN RENEWAL
EDITOR’S NOTE
The following ordinances not codified herein, and specifically saved from
repeal, have been adopted establishing Urban Renewal Areas in the City and
remain in full force and effect, for division of tax levied on taxable property.
ORDINANCE NO. ADOPTED NAME OF AREA

597 October 11, 1990 Perry Urban Renewal Area
640 May 28, 1992 1992 Addition to Perry Urban Renewal
Area
699 July 1, 1996 1996 Addition to Perry Urban Renewal
Area
759 September 5, 2000 2000 Addition to Perry Urban Renewal
Area

- 53 -
CHAPTER 10 URBAN RENEWAL

- 54 -
CHAPTER 11
URBAN REVITALIZATION
EDITOR’S NOTE
Ordinance No. 690, adopted December 18, 1995, designated the

Perry Revitalization Area for the City. This ordinance, not
codified herein, is specifically saved from repeal.

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CHAPTER 11 URBAN REVITALIZATION
°°°°°°°°°°

- 62 -
CHAPTER 12
LOCAL SALES TAX

12.01 Tax Imposed 12.02 Allocation of Revenues
12.01 TAX IMPOSED. A tax at the rate of one percent (1%) shall be
imposed in conformance with Chapter 422B of the Code of Iowa upon local
sales and services of the City.
12.02 ALLOCATION OF REVENUES. The revenues from the local sales

and service tax are to be allocated in the City as follows:
1. Zero percent (0%) is to be allocated for property tax relief.
2. Ninety percent (90%) is to be allocated for streets and sewers.
3. Ten percent (10%) is to be allocated for building maintenance.

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CHAPTER 12 LOCAL SALES TAX
°°°°°°°°°°

- 64 -
CHAPTER 13
HOTEL/MOTEL TAX
13.01 Tax Imposed 13.04 Collection
13.02 Definitions 13.05 Restrictions on Use of Revenues
13.03 Effective Date of Tax
13.01 TAX IMPOSED. There is imposed a seven percent (7%) hotel and
motel tax upon the gross receipts from the renting of any and all sleeping
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 for any direct or
indirect charge, whether with or without meals, but do not include sleeping
rooms in dormitories and memorial unions located in the State of Iowa and
sleeping rooms, apartments, or sleeping quarters rented by the same person for
a period of more than thirty-one (31) consecutive days.
(Code of Iowa, Ch. 423A)
13.02 DEFINITIONS. “Renting” and “rent,” as used in this chapter, include

any kind of direct or indirect charge for the use of rooms, apartments or
sleeping quarters. However, the tax imposed in this chapter does 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.
13.03 EFFECTIVE DATE OF TAX. The hotel and motel tax as set forth in
this chapter shall be imposed on all gross rent receipts received on January 1,
2006 and terminate on December 31, 2011.
13.04 COLLECTION. The tax imposed in this chapter shall be remitted by

the person or company liable for same to the Iowa State Director of Revenue in
the manner required by State law.
13.05 RESTRICTIONS ON USE OF REVENUES. The revenue derived

from the tax imposed by this chapter shall be accounted for as follows:
1. All revenue received by the City from the imposition of the hotel
and motel tax shall be deposited in the General Fund of the City.

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CHAPTER 13 HOTEL/MOTEL TAX
2. One-seventh (1/7) of the hotel-motel tax revenues shall be

retained by the City for use as set forth in Iowa Code Section 423A.7(4),
Code of Iowa 2005.
3. Four-sevenths (4/7) of the hotel-motel tax revenues shall be
distributed to the Perry Chamber of Commerce to be used for the
promotion and encouragement of tourist and convention business in the
City and surrounding area.
4. Two-sevenths (2/7) of the hotel-motel tax revenues shall be
distributed to the Greater Des Moines Convention and Visitors Bureau in
accordance with the Intergovernmental Agreement for the Promotion of
Tourism and Convention Activities in the Greater Des Moines Area filed
for record in Polk County, Iowa on May 13, 1985, at Book 5452, Page
479.
(Ch. 13 - Ord. 848 – Aug. 06 Supp.)

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CHAPTER 15
MAYOR
15.01 Term of Office 15.04 Compensation
15.02 Powers and Duties 15.05 Voting
15.03 Appointments
15.01 TERM OF OFFICE. The Mayor is elected for a term of two (2)
years.
15.02 POWERS AND DUTIES. The powers and duties of the Mayor are as
follows:
1. Chief Executive Officer. Act as the chief executive officer of the
City and presiding officer of the Council, supervise all departments of
the City, except for supervisory duties delegated to the City
Administrator, give direction to department heads concerning the
functions of the departments, and have the power to examine all
functions of the municipal departments, their records and to call for
special reports from department heads at any time.
2. Proclamation of Emergency. Have authority to take command of
the police and govern the City by proclamation, upon making a
determination that a time of emergency or public danger exists. Within
the City limits, the Mayor has all the powers conferred upon the Sheriff
to suppress disorders.
3. Special Meetings. Call special meetings of the Council when the
Mayor deems such meetings necessary to the interests of the City.
4. Mayor’s Veto. Sign, veto or take no action on an ordinance,
amendment or resolution passed by the Council. The Mayor may veto
an ordinance, amendment or resolution within fourteen days after
passage. The Mayor shall explain the reasons for the veto in a written
message to the Council at the time of the veto. The Council may
override the Mayor’s veto by a two-thirds majority of all of the members
of the Council.
(Code of Iowa, Sec. 380.5 & 380.6[2])

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CHAPTER 15 MAYOR
5. Reports to Council. Make such oral or written reports to the

Council as required. These reports shall concern municipal affairs
generally, the municipal departments, and recommendations suitable for
Council action.
6. Contracts. Whenever authorized by the Council, sign contracts
on behalf of the City.
7. Licenses and Permits. Sign all licenses and permits which have
been granted by the Council, except those designated by law or
ordinance to be issued by another municipal officer.
8. Absentee Officer. Make appropriate provision that duties of any
absentee officer be carried on during such absence.
15.03 APPOINTMENTS. The Mayor shall appoint the Mayor Pro Tem and
the Police Chief, and the Mayor also appoints, with Council approval, the
following officials:
1. Library Board of Trustees
2. Parks and Recreation Advisory Commission
3. Water Utility Board of Trustees
4. Zoning Board of Adjustment
5. Historic Preservation Commission
15.04 COMPENSATION. The salary of the Mayor is three thousand, nine

hundred fifty dollars ($3,950.00) per year, payable in equal monthly, bimonthly
or biweekly installments.
15.05 VOTING. The Mayor is not a member of the Council and may not
vote as a member of the Council. As presiding officer, the Mayor may express
his/her opinion and make recommendations to the Council.

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CHAPTER 16
MAYOR PRO TEM

16.01 Vice President of Council 16.03 Voting Rights
16.02 Powers and Duties 16.04 Compensation
16.01 VICE PRESIDENT OF COUNCIL. The Mayor Pro Tem is vice

president of the Council.
16.02 POWERS AND DUTIES. Except for the limitations otherwise

provided herein, the Mayor Pro Tem shall perform the duties of the Mayor in
cases of absence or inability of the Mayor to perform such duties. In the
exercise of the duties of the office the Mayor Pro Tem shall not have power to
employ, or discharge from employment, officers or employees that the Mayor
has the power to appoint, employ or discharge without the approval of the
Council.
16.03 VOTING RIGHTS. The Mayor Pro Tem shall have the right to vote
as a member of the Council.
16.04 COMPENSATION. If the Mayor Pro Tem performs the duties of the
Mayor during the Mayor’s absence or disability for a continuous period of
fifteen (15) days or more, the Mayor Pro Tem may be paid for that period the
compensation as determined by the Council, based upon the Mayor Pro Tem’s
performance of the Mayor’s duties and upon the compensation of the Mayor.

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CHAPTER 16 MAYOR PRO TEM
°°°°°°°°°°

- 84 -
CHAPTER 17
COUNCIL
17.01 Number and Term of Council 17.04 Council Meetings
17.02 Powers and Duties 17.05 Appointments
17.03 Exercise of Power 17.06 Compensation
17.01 NUMBER AND TERM OF COUNCIL. The Council consists of two

(2) Council Members elected at large and one Council Member from each of
three (3) wards as established by the Code of Ordinances, elected for
overlapping terms of four (4) years.
17.02 POWERS AND DUTIES. The powers and duties of the Council
include, but are not limited to the following:
1. General. All powers of the City are vested in the Council except
as otherwise provided by law or ordinance.
2. Wards. By ordinance, the Council may divide the City into wards
based upon population, change the boundaries of wards, eliminate wards
or create new wards.
3. Fiscal Authority. The Council shall apportion and appropriate all
funds, and audit and allow all bills, accounts, payrolls and claims, and
order payment thereof. It shall make all assessments for the cost of
street improvements, sidewalks, sewers and other work, improvement or
repairs which may be specially assessed.
(Code of Iowa, Sec. 364.2[1], 384.16 & 384.38 [1])
4. Public Improvements. The Council shall make all orders for the
construction of any improvements, bridges or buildings.
5. Contracts. The Council shall make or authorize the making of all
contracts. No contract shall bind or be obligatory upon the City unless
adopted by resolution of the Council.

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CHAPTER 17 COUNCIL
6. Employees. The Council shall authorize, by resolution, the

number, duties, term of office and compensation of employees or
officers not otherwise provided for by State law or the Code of
Ordinances.
7. Setting Compensation for Elected Officers. By ordinance, the
Council shall prescribe the compensation of the Mayor, Council
members, and other elected City officers, but a change in the
compensation of the Mayor does not become effective during the term in
which the change is adopted, and the Council shall not adopt such an
ordinance changing the compensation of any elected officer during the
months of November and December in the year of a regular City
election. A change in the compensation of Council members becomes
effective for all Council members at the beginning of the term of the
Council members elected at the election next following the change in
compensation.
17.03 EXERCISE OF POWER. The Council shall exercise a power only

by the passage of a motion, a resolution, an amendment or an ordinance in the
following manner:
1. Action by Council. Passage of an ordinance, amendment or
resolution requires a majority vote of all of the members of the Council.
Passage of a motion requires a majority vote of a quorum of the Council.
A resolution must be passed to spend public funds in excess of twenty-
five thousand dollars ($25,000.00) on any one project, or to accept
public improvements and facilities upon their completion. Each Council
member’s vote on a measure must be recorded. A measure which fails
to receive sufficient votes for passage shall be considered defeated.
2. Overriding Mayor’s Veto. Within thirty (30) days after the
Mayor’s veto, the Council may pass the measure again by a vote of not
less than two-thirds of all of the members of the Council.
3. Measures Become Effective. Measures passed by the Council
become effective in one of the following ways:
A. An ordinance or amendment signed by the Mayor becomes
effective when the ordinance or a summary of the ordinance is

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CHAPTER 17 COUNCIL
published, unless a subsequent effective date is provided within

the ordinance or amendment.
(Code of Iowa, Sec. 380.6[1a])
B. A resolution signed by the Mayor becomes effective
immediately upon signing.
(Code of Iowa, Sec. 380.6[1b])
C. A motion becomes effective immediately upon passage of
the motion by the Council.
(Code of Iowa, Sec. 380.6[1c])
D. If the Mayor vetoes an ordinance, amendment or resolution
and the Council repasses the measure after the Mayor’s veto, a
resolution becomes effective immediately upon repassage, and an
ordinance or amendment becomes a law when the ordinance or a
summary of the ordinance is published, unless a subsequent
effective date is provided within the ordinance or amendment.
E. If the Mayor takes no action on an ordinance, amendment
or resolution, a resolution becomes effective fourteen (14) days
after the date of passage, and an ordinance or amendment
becomes law when the ordinance or a summary of the ordinance
is published, but not sooner than fourteen (14) days after the date
of passage, unless a subsequent effective date is provided within
the ordinance or amendment.
“All of the members of the Council” refers to all of the seats of the Council
including a vacant seat and a seat where the member is absent, but does not
include a seat where the Council member declines to vote by reason of a
conflict of interest.
17.04 COUNCIL MEETINGS. Procedures for giving notice of meetings of

the Council and other provisions regarding the conduct of Council meetings are
contained in Section 5.06 of this Code of Ordinances. Additional particulars
relating to Council meetings are the following:
1. Regular Meetings. The time and place of the regular meetings of
the Council shall be fixed by resolution of the Council.
2. Special Meetings. Special meetings shall be held upon call of the
Mayor or upon the written request of a majority of the members of the
Council submitted to the Clerk. Notice of a special meeting shall specify

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CHAPTER 17 COUNCIL
the date, time, place and subject of the meeting and such notice shall be
given personally or left at the usual place of residence of each member
of the Council. A record of the service of notice shall be maintained by
the Clerk.
3. Quorum. A majority of all Council members is a quorum.
4. Rules of Procedure. The Council shall determine its own rules
and maintain records of its proceedings.
5. Compelling Attendance. Any three (3) members of the Council
can compel the attendance of the absent members at any regular,
adjourned or duly called meeting, by serving a written notice upon the
absent members to attend at once.
17.05 APPOINTMENTS. The Council shall appoint the following officials

and prescribe their powers, duties, compensation and term of office:
1. City Administrator
2. City Clerk
3. City Attorney
4. Planning and Zoning Commission
5. Airport Commission
6. Fire Chief
7. Compliance Officer
8. Tree Advisory Board
17.06 COMPENSATION. The salary of each Council member is nine

hundred sixty dollars ($960.00) per year, payable quarterly or in other
convenient installments.

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CHAPTER 18
CITY CLERK
18.01 Appointment and Compensation 18.08 Records
18.02 Powers and Duties: General 18.09 Attendance at Meetings
18.03 Publication of Minutes 18.10 Issue Licenses and Permits
18.04 Recording Measures 18.11 Notify Appointees
18.05 Publication 18.12 Elections
18.06 Authentication 18.13 City Seal
18.07 Certify Measures
18.01 APPOINTMENT AND COMPENSATION. The Council shall

appoint by majority vote a City Clerk to serve at the discretion of the Council.
The Clerk shall receive such compensation as established by resolution of the
Council.
18.02 POWERS AND DUTIES: GENERAL. The Clerk, or in the Clerk’s

absence or inability to act, the Deputy Clerk, has the powers and duties as
provided in this chapter, this Code of Ordinances and the law.
18.03 PUBLICATION OF MINUTES. The Clerk shall attend all regular

and special Council meetings and within fifteen (15) days following a regular
or special meeting shall cause the minutes of the proceedings thereof to be
published. Such publication shall include a list of all claims allowed and a
summary of all receipts and shall show the gross amount of the claim.
18.04 RECORDING MEASURES. The Clerk shall promptly record each

measure considered by the Council and record a statement with the measure,
where applicable, indicating whether the Mayor signed, vetoed or took no
action on the measure, and whether the measure was repassed after the Mayor’s
veto.
(Code of Iowa, Sec. 380.7[1 & 2])
18.05 PUBLICATION. The Clerk shall cause to be published all

ordinances, enactments, proceedings and official notices requiring publication
as follows:
1. Time. If notice of an election, hearing, or other official action is
required by this Code of Ordinances or law, the notice must be published

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CHAPTER 18 CITY CLERK
at least once, not less than four (4) nor more than twenty (20) days
before the date of the election, hearing or other action, unless otherwise
provided by law.
2. Manner of Publication. A publication required by this Code of
Ordinances or law must be in a newspaper published at least once
weekly and having general circulation in the City.
18.06 AUTHENTICATION. The Clerk shall authenticate all measures

except motions with the Clerk’s signature, certifying the time and manner of
publication when required.
18.07 CERTIFY MEASURES. The Clerk shall certify all measures

establishing any zoning district, building lines, or fire limits and a plat showing
the district, lines, or limits to the recorder of the County containing the affected
parts of the City.
18.08 RECORDS. The Clerk shall maintain the specified City records in the
following manner:
1. Ordinances and Codes. Maintain copies of all effective City
ordinances and codes for public use.
2. Custody. Have custody and be responsible for the safekeeping of
all writings or documents in which the City is a party in interest unless
otherwise specifically directed by law or ordinance.
3. Maintenance. Maintain all City records and documents, or
accurate reproductions, for at least five (5) years except that ordinances,
resolutions, Council proceedings, records and documents, or accurate
reproductions, relating to the issuance, cancellation, transfer, redemption
or replacement of public bonds or obligations shall be kept for at least
eleven (11) years following the final maturity of the bonds or
obligations. Ordinances, resolutions, Council proceedings, records and
documents, or accurate reproductions, relating to real property
transactions shall be maintained permanently.
(Code of Iowa, Sec. 372.13[3 & 5])
4. Provide Copy. Furnish upon request to any municipal officer a
copy of any record, paper or public document under the Clerk’s control

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when it may be necessary to such officer in the discharge of such

officer’s duty; furnish a copy to any citizen when requested upon
payment of the fee set by Council resolution; under the direction of the
Mayor or other authorized officer, affix the seal of the City to those
public documents or instruments which by ordinance and Code of
Ordinances are required to be attested by the affixing of the seal.
(Code of Iowa, Sec. 372.13[4 & 5] and 380.7[5])
5. Filing of Communications. Keep and file all communications and
petitions directed to the Council or to the City generally. The Clerk shall
endorse thereon the action of the Council taken upon matters considered
in such communications and petitions.
18.09 ATTENDANCE AT MEETINGS. At the direction of the Council,

the Clerk shall attend meetings of committees, boards and commissions. The
Clerk shall record and preserve a correct record of the proceedings of such
meetings.
18.10 ISSUE LICENSES AND PERMITS. The Clerk shall issue or revoke
licenses and permits when authorized by this Code of Ordinances, and keep a
record of licenses and permits issued which shall show date of issuance, license
or permit number, official receipt number, name of person to whom issued,
term of license or permit and purpose for which issued.
18.11 NOTIFY APPOINTEES. The Clerk shall inform all persons

appointed by the Mayor or Council to offices in the City government of their
position and the time at which they shall assume the duties of their office.
18.12 ELECTIONS. The Clerk shall perform the following duties relating to
elections and nominations:
1. In the event of a change in the method of nomination process used
by the City, certify to the Commissioner of Elections the type of
nomination process to be used by the City no later than seventy-seven
(77) days before the date of the regular City election.
2. Accept the nomination petition of a candidate for a City office for
filing if on its face it appears to have the requisite number of signatures
and is timely filed.

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3. Designate other employees or officials of the City who are

ordinarily available to accept nomination papers if the Clerk is not
readily available during normal working hours.
4. Note upon each petition and affidavit accepted for filing the date
and time that the petition was filed.
5. Deliver all nomination petitions, together with the text of any
public measure being submitted by the Council to the electorate, to the
County Commissioner of Elections not later than five o’clock (5:00)
p.m. on the day following the last day on which nomination petitions can
be filed.
18.13 CITY SEAL. The City seal is in the custody of the Clerk and shall be
attached by the Clerk to all transcripts, orders and certificates which it may be
necessary or proper to authenticate. The City seal is circular in form, in the
center of which are the words “PERRY, IOWA” and around the margin of
which are the words “CITY OF” and “SEAL.”

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CHAPTER 19
CITY TREASURER
19.01 Appointment 19.03 Duties of Treasurer
19.02 Compensation
19.01 APPOINTMENT. The Finance Officer is the Treasurer and performs

all functions required of the position of Treasurer. (Ord. 788 – Nov. 02 Supp.)
19.02 COMPENSATION. The Finance Officer receives no additional

compensation for performing the duties of the Treasurer.
(Ord. 788 – Nov. 02 Supp.)
19.03 DUTIES OF TREASURER. The duties of the Treasurer are as

follows:
1. Custody of Funds. Be responsible for the safe custody of all
funds of the City in the manner provided by law, and Council direction.
2. Record of Fund. Keep the record of each fund separate.
3. Record Receipts. Keep an accurate record of all money or
securities received by the Treasurer on behalf of the City and specify the
date, from whom, and for what purpose received.
4. Record Disbursements. Keep an accurate account of all
disbursements, money or property, specifying date, to whom, and from
what fund paid.
5. Special Assessments. Keep a separate account of all money
received by the Treasurer from special assessments.
6. Deposit Funds. Upon receipt of moneys to be held in the
Treasurer’s custody and belonging to the City, deposit the same in
depositories selected by the Council.
7. Reconciliation. Reconcile depository statements with the
Treasurer’s books and certify monthly to the Council the balance of cash
and investments of each fund and amounts received and disbursed.
8. Debt Service. Keep a register of all bonds outstanding and record
all payments of interest and principal.
9. Other Duties. Perform such other duties as specified by the
Council by resolution or ordinance.

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CHAPTER 19 CITY TREASURER
°°°°°°°°°°

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CHAPTER 20
CITY ATTORNEY
20.01 Appointment and Compensation 20.05 Review and Comment
20.02 Attorney for City 20.06 Provide Legal Opinion
20.03 Power of Attorney 20.07 Attendance at Council Meetings
20.04 Ordinance Preparation 20.08 Prepare Documents
20.01 APPOINTMENT AND COMPENSATION. The Council shall

appoint by majority vote a City Attorney to serve at the discretion of the
Council. The City Attorney shall receive such compensation as established by
resolution of the Council.
20.02 ATTORNEY FOR CITY. The City Attorney shall act as attorney for
the City in all matters affecting the City’s interest and appear on behalf of the
City before any court, tribunal, commission or board. The City Attorney shall
prosecute or defend all actions and proceedings when so requested by the
Mayor or Council.
20.03 POWER OF ATTORNEY. The City Attorney shall sign the name of
the City to all appeal bonds and to all other bonds or papers of any kind that
may be essential to the prosecution of any cause in court, and when so signed
the City shall be bound upon the same.
20.04 ORDINANCE PREPARATION. The City Attorney shall prepare

those ordinances which the Council may desire and direct to be prepared and
report to the Council upon all such ordinances before their final passage by the
Council and publication.
20.05 REVIEW AND COMMENT. The City Attorney shall, upon request,
make a report to the Council giving an opinion on all contracts, documents,
resolutions, or ordinances submitted to or coming under the City Attorney’s
notice.
20.06 PROVIDE LEGAL OPINION. The City Attorney shall give advice
or a written legal opinion on City contracts and all questions of law relating to
City matters submitted by the Mayor, Council or City Administrator.

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CHAPTER 20 CITY ATTORNEY
20.07 ATTENDANCE AT COUNCIL MEETINGS. The City Attorney

shall attend meetings of the Council at the request of the Mayor or Council.
20.08 PREPARE DOCUMENTS. The City Attorney shall, upon request,

formulate drafts for contracts, forms and other writings which may be required
for the use of the City.

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CHAPTER 21
CITY ADMINISTRATOR
21.01 Appointment and Term 21.04 Duties
21.02 Compensation 21.05 Council Relations
21.03 Qualifications
21.01 APPOINTMENT AND TERM. The City Administrator shall be

appointed by the majority vote of all members of the Council, shall hold office
at the discretion of the Council, and shall be subject to removal and termination
by majority vote of all members of the Council, subject to the provisions and
protections of Section 372.15 of the Code of Iowa.
21.02 COMPENSATION. The City Administrator shall receive such annual

salary and benefits as the Council shall from time to time determine, and
payment shall be made from the treasury of the City in the manner provided for
the payment of compensation and allocation of benefits to other officers and
employees of the City.
21.03 QUALIFICATIONS. The City Administrator shall be a person

competent by education and/or experience to perform the duties imposed upon
such person by this chapter. The City Administrator:
1. Shall possess a college degree in public administration or a
related field and have three (3) years of experience in city administration
or shall have a minimum of eight (8) years of practical experience in city
administration.
2. Following appointment, shall reside within the school district of
Perry Community Schools. (Ord. 847 – May 06 Supp.)
3. Shall devote full time to the diligent and faithful performance of
duties hereunder and shall not, during the term as Administrator, engage
in any other employment or self-employment activities or endeavors or
hold any other office or position, except with the approval of the
Council, by motion.
4. Shall not, during the term as City Administrator, hold any
position as officer or director of any “for-profit” organization which does
business or carries on any activities in the City, or own more than five
percent (5%) of the outstanding stock of any corporation which does
business or carries on activities within the City.

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CHAPTER 21 CITY ADMINISTRATOR
21.04 DUTIES. The duties of the City Administrator are as follows:

1. To supervise and direct the duties of the City Clerk and City
Treasurer.
2. To supervise enforcement and execution of the City ordinances
and resolutions and applicable State and Federal laws and regulations
within the City.
3. To attend all meetings of the Council unless excused by the
Mayor or majority of the Council members.
4. To recommend to the Council such measure as may be necessary
or expedient for the good government and welfare of the City.
5. To have the general supervision and direction of the
administration of the City government.
6. To supervise and conduct the business affairs of the City and
cause accurate records to be kept by modern and efficient accounting
methods.
7. To supervise the performance of all contracts for work to be done
for the City, supervise all purchases of material, supplies and equipment
and insure that such material, supplies and equipment are received and
are of the quality and character called for by the contract.
8. To supervise the construction, improvements, repair, maintenance
and management of all City property, capital improvements and
undertakings of the City, including the making and preservation of all
surveys, maps, plans, drawings, specifications and estimates for capital
improvements.
9. To be directly responsible to the Council for the administration of
the City as directed by the Council.
10. To supervise and direct through established procedures, all
officers, departments and employees of the City, specifically including
but not limited to police, fire, streets, sewers, waste disposal and central
administration. To effectuate this responsibility, the City Administrator
shall have the power and authority to recommend employment of such
assistants and other employees of the City for which the Council has
approved.
11. To represent the City as directed by the Council, in all
negotiations and relations with employees, contractors, consultants, other
governmental units and civic organizations in which the City may have
an interest.

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12. To cooperate with, assist and advise all administrative agencies,

City boards and commissions and act as the Council’s liaison and
representative to such entities.
13. To investigate the performance and conduct of any department
agency, officer or employee of the City, as deemed appropriate.
14. To keep the Council fully advised of the financial and other
conditions of the City and of its future needs.
15. To supervise and assist City boards, commissions and all City
departments in the preparation, administration and operation of the
City’s annual budget.
16. To make to the Council periodic reports of the general condition
of the City in writing at such intervals as the Council directs.
17. To advise, assist and consult with the City Attorney on all City
legal matters.
18. To formulate and recommend employment and personnel
policies, compensation schedules and benefits; to prepare and maintain
job descriptions for all City employees, all with the approval of the
Council; to supervise and direct negotiations in all matters relating to
collective bargaining.
19. To compile and maintain current and up-to-date information
regarding all funding sources of the City, including State and Federal
grant and loan programs; to plan, develop, prepare and submit, with the
approval and at the direction of the Council, applications for grants,
loans and other sources of funding and to administer all such funding.
20. To make recommendations to the Council and to participate in
projects and endeavors to support and promote economic growth and
development in the City.
21. To faithfully represent the Council and the City in
intergovernmental relations.
22. To have the power to employ, reclassify, discipline or suspend
any employee under the Administrator’s direct control. The City
Administrator shall also have the power to employ, reclassify, discipline,
suspend or discharge any employee under the supervision and control of
any department head, but only with the concurrence of the department
head. The City Administrator shall not have the authority to employ or
appoint, reclassify, discipline, suspend or discharge the Police Chief,
Fire Chief, the Compliance Officer, the Public Works Director, the City
Clerk or the City Attorney. However, the City Administrator shall,

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when appropriate, recommend to the Council action regarding such

appointed officers or employees of the City and shall also recommend to
and seek direction from the Council when the Administrator and a
department head are not in agreement in regard to the employment,
reclassification, suspension, discipline or discharge of a City employee.
23. To perform such other duties as the Mayor or Council may direct.
21.05 COUNCIL RELATIONS. The City Administrator shall not

participate in campaign activities in any City election, except by casting his or
her vote, and shall not appoint an elected City official to any City office or
employment position.

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CHAPTER 22
LIBRARY BOARD OF TRUSTEES

22.01 Public Library 22.07 Nonresident Use
22.02 Library Trustees 22.08 Expenditures
22.03 Qualifications of Trustees 22.09 Annual Report
22.04 Organization of the Board 22.10 Injury to Books or Property
22.05 Powers and Duties 22.11 Theft
22.06 Contracting with Other Libraries 22.12 Notice Posted
22.01 PUBLIC LIBRARY. The public library for the City is known as the
Perry Public Library, Wiese Building. It is referred to in this chapter as the
Library.
22.02 LIBRARY TRUSTEES. The Board of Trustees of the Library,

hereinafter referred to as the Board, consists of five (5) resident members. All
members are to be appointed by the Mayor with the approval of the Council.
22.03 QUALIFICATIONS OF TRUSTEES. All members of the Board

shall be bona fide citizens and residents of the City. Members shall be over the
age of eighteen (18) years.
22.04 ORGANIZATION OF THE BOARD. The organization of the Board

shall be as follows:
1. Term of Office. All appointments to the Board shall be for four
(4) years, except to fill vacancies. Each term shall commence on July
first. Appointments shall be made every two (2) years of one-half (1/2)
the total number or as near as possible, to stagger the terms.
(Ord. 842 – May 06 Supp.)
2. Vacancies. The position of any Trustee shall be vacated if such
member moves permanently from the City and shall be deemed vacated
if such member is absent from six (6) consecutive regular meetings of
the Board, except in the case of sickness or temporary absence from the
City. Vacancies in the Board shall be filled in the same manner as an
original appointment except that the new Trustee shall fill out the
unexpired term for which the appointment is made.
3. Compensation. Trustees shall receive no compensation for their
services.
22.05 POWERS AND DUTIES. The Board shall have and exercise the
following powers and duties:

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CHAPTER 22 LIBRARY BOARD OF TRUSTEES
1. Officers. To meet and elect from its members a President, a

Secretary, and such other officers as it deems necessary.
2. Physical Plant. To have charge, control and supervision of the
Library, its appurtenances, fixtures and rooms containing the same.
3. Charge of Affairs. To direct and control all affairs of the Library.
4. Hiring of Personnel. To employ a librarian, and authorize the
librarian to employ such assistants and employees as may be necessary
for the proper management of the Library, and fix their compensation;
provided, however, that prior to such employment, the compensation of
the librarian, assistants and employees shall have been fixed and
approved by a majority of the members of the Board voting in favor
thereof.
5. Removal of Personnel. To remove the librarian, by a two-thirds
vote of the Board, and provide procedures for the removal of the
assistants or employees for misdemeanor, incompetence or inattention to
duty, subject however, to the provisions of Chapter 35C of the Code of
Iowa.
6. Purchases. To select, or authorize the librarian to select, and
make purchases of books, pamphlets, magazines, periodicals, papers,
maps, journals, other Library materials, furniture, fixtures, stationery and
supplies for the Library within budgetary limits set by the Board.
7. Use by Nonresidents. To authorize the use of the Library by
nonresidents and to fix charges therefor unless a contract for free service
exists.
8. Rules and Regulations. To make and adopt, amend, modify or
repeal rules and regulations, not inconsistent with this Code of
Ordinances and the law, for the care, use, government and management
of the Library and the business of the Board, fixing and enforcing
penalties for violations.
9. Expenditures. To have exclusive control of the expenditure of all
funds allocated for Library purposes by the Council, and of all moneys
available by gift or otherwise for the erection of Library buildings, and
of all other moneys belonging to the Library including fines and rentals
collected under the rules of the Board.
10. Gifts. To accept gifts of real property, personal property, or
mixed property, and devises and bequests, including trust funds; to take
the title to said property in the name of the Library; to execute deeds and

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bills of sale for the conveyance of said property; and to expend the funds
received by them from such gifts, for the improvement of the Library.
11. Enforce the Performance of Conditions on Gifts. To enforce the
performance of conditions on gifts, donations, devises and bequests
accepted by the City on behalf of the Library.
(Code of Iowa, Ch. 661)
12. Record of Proceedings. To keep a record of its proceedings.
13. County Historical Association. To have authority to make
agreements with the local County historical association where such
exists, and to set apart the necessary room and to care for such articles as
may come into the possession of the association. The Trustees are
further authorized to purchase necessary receptacles and materials for the
preservation and protection of such articles as are in their judgment of a
historical and educational nature and pay for the same out of funds
allocated for Library purposes.
22.06 CONTRACTING WITH OTHER LIBRARIES. The Board has

power to contract with other libraries in accordance with the following:
1. Contracting. The Board may contract with any other boards of
trustees of free public libraries, with any other city, school corporation,
private or semiprivate organization, institution of higher learning,
township, or County, or with the trustees of any County library district
for the use of the Library by their respective residents.
(Code of Iowa, Sec. 392.5 & Ch. 28E)
2. Termination. Such a contract may be terminated at any time by
mutual consent of the contracting parties. It also may be terminated by a
majority vote of the electors represented by either of the contracting
parties. Such a termination proposition shall be submitted to the electors
by the governing body of a contracting party on a written petition of not
less than five percent (5%) in number of the electors who voted for
governor in the territory of the contracting party at the last general
election. The petition must be presented to the governing body not less
than forty (40) days before the election. The proposition may be
submitted at any election provided by law that is held in the territory of
the party seeking to terminate the contract.
22.07 NONRESIDENT USE. The Board may authorize the use of the
Library by persons not residents of the City or County in any one or more of the
following ways:

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1. Lending. By lending the books or other materials of the Library

to nonresidents on the same terms and conditions as to residents of the
City, or County, or upon payment of a special nonresident Library fee.
2. Depository. By establishing depositories of Library books or
other materials to be loaned to nonresidents.
3. Bookmobiles. By establishing bookmobiles or a traveling library
so that books or other Library materials may be loaned to nonresidents.
4. Branch Library. By establishing branch libraries for lending
books or other Library materials to nonresidents.
22.08 EXPENDITURES. All money appropriated by the Council for the

operation and maintenance of the Library shall be set aside in an account for the
Library. Expenditures shall be paid for only on orders of the Board, signed by
its President and Secretary.
(Code of Iowa, Sec. 384.20 & 392.5)
22.09 ANNUAL REPORT. The Board shall make a report to the Council
immediately after the close of the fiscal year. This report shall contain
statements as to the condition of the Library, the number of books added, the
number circulated, the amount of fines collected, and the amount of money
expended in the maintenance of the Library during the year, together with such
further information as may be required by the Council.
22.10 INJURY TO BOOKS OR PROPERTY. It is unlawful for a person

willfully, maliciously or wantonly to tear, deface, mutilate, injure or destroy, in
whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture
or other property belonging to the Library or reading room.
22.11 THEFT. No person shall take possession or control of property of the

Library with the intent to deprive the Library thereof.
22.12 NOTICE POSTED. There shall be posted in clear public view within
the Library notices informing the public of the following:
1. Failure To Return. Failure to return Library materials for two (2)
months or more after the date the person agreed to return the Library
materials, or failure to return Library equipment for one (1) month or
more after the date the person agreed to return the Library equipment, is
evidence of intent to deprive the owner, provided a reasonable attempt,
including the mailing by restricted certified mail of notice that such

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material or equipment is overdue and criminal actions will be taken, has

been made to reclaim the materials or equipment.
2. Detention and Search. Persons concealing Library materials may
be detained and searched pursuant to law.

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°°°°°°°°°°

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CHAPTER 23
PLANNING AND ZONING COMMISSION

23.01 Planning and Zoning Commission 23.04 Compensation
23.02 Term of Office 23.05 Powers and Duties
23.03 Vacancies
23.01 PLANNING AND ZONING COMMISSION. There shall be

appointed by the Council a City Planning and Zoning Commission, hereinafter
referred to as the Commission, consisting of seven (7) members, who shall be
residents of the City and qualified by knowledge or experience to act in matters
pertaining to the development of a City plan and who shall not hold any
elective office in the City government.
(Code of Iowa, Sec. 414.6 & 392.1)
23.02 TERM OF OFFICE. The term of office of the members of the

Commission shall be four (4) years. The terms of not more than one-third of
the members will expire in any one year.
23.03 VACANCIES. If any vacancy exists on the Commission caused by

resignation, or otherwise, a successor for the residue of the term shall be
appointed in the same manner as the original appointee.
23.04 COMPENSATION. All members of the Commission shall serve

without compensation, except their actual expenses, which shall be subject to
the approval of the Council.
23.05 POWERS AND DUTIES. The Commission shall have and exercise
the following powers and duties:
1. Selection of Officers. The Commission shall choose annually at
its first regular meeting one of its members to act as Chairperson and
another as Vice Chairperson, who shall perform all the duties of the
Chairperson during the Chairperson’s absence or disability.
2. Adopt Rules and Regulations. The Commission shall adopt such
rules and regulations governing its organization and procedure as it may
deem necessary.

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CHAPTER 23 PLANNING AND ZONING COMMISSION
3. Zoning. The Commission shall have and exercise all the powers
and duties and privileges in establishing the City zoning regulations and
other related matters and may from time to time recommend to the
Council amendments, supplements, changes or modifications, all as
provided by Chapter 414 of the Code of Iowa.
4. Recommendations of Improvements. No statuary, memorial or
work of art in a public place, and no public building, bridge, viaduct,
street fixtures, public structure or appurtenances, shall be located or
erected, or site therefor obtained, nor shall any permit be issued by any
department of the City for the erection or location thereof until and
unless the design and proposed location of any such improvement shall
have been submitted to the Commission and its recommendations
thereon obtained, except such requirements and recommendations shall
not act as a stay upon action for any such improvement when the
Commission after thirty (30) days’ written notice requesting such
recommendations, shall have failed to file same.
5. Review and Comment on Plats. All plans, plats, or re-plats of
subdivision or re-subdivisions of land embraced in the City or adjacent
thereto, laid out in lots or plats with the streets, alleys, or other portions
of the same intended to be dedicated to the public in the City, shall first
be submitted to the Commission and its recommendations obtained
before approval by the Council.
6. Review and Comment of Street and Park Improvements. No plan
for any street, park, parkway, boulevard, traffic-way, river front, or other
public improvement affecting the City plan shall be finally approved by
the City or the character or location thereof determined, unless such
proposal shall first have been submitted to the Commission and the
Commission shall have had thirty (30) days within which to file its
recommendations thereon.
7. Fiscal Responsibilities. The Commission shall have full,
complete and exclusive authority to expend for and on behalf of the City
all sums of money appropriated to it, and to use and expend all gifts,
donations or payments whatsoever which are received by the City for
City planning and zoning purposes.

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8. Limitation on Entering Contracts. The Commission shall have no

power to contract debts beyond the amount of its original or amended
appropriation as approved by the Council for the present year.
9. Annual Report. The Commission shall each year make a report to
the Mayor and Council of its proceedings, with a full statement of its
receipts, disbursements and the progress of its work during the preceding
fiscal year.

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°°°°°°°°°°

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CHAPTER 24
TREE BOARD
24.01 Tree Board 24.04 Tree List
24.02 Term of Office 24.05 Powers and Duties
24.03 Compensation
24.01 TREE BOARD. There is hereby created and established a City Tree
Board for the City of Perry, which consists of five members, appointed by the
Mayor with the approval of the Council. Such member shall reside in the Perry
Community School District.
24.02 TERM OF OFFICE. The term of office of the members of the Board
shall be staggered three-year terms. Each term shall commence on April 1.
The regular full term of office for a member of the City Tree Board shall be
three years and shall expire on April 1 of the third year. For the purpose of
creating staggered terms, three initial members shall be appointed to three-year
terms expiring on April 1, 2010, and two initial members shall be appointed to
two-year terms expiring on April 1, 2009. If the office of a member of the City
Tree Board becomes vacant prior to the normal expiration of its fixed term for
any reason, a member shall be appointed by the Mayor, with the approval of the
City Council, to fill such vacancy for the remainder of such unexpired term.
1. Removal. A member of the Tree Board may be removed from
office upon written order filed by the Mayor with the City Clerk and sent
by certified mail to the person to be removed. A member of the Tree
Board who fails to attend three consecutive regular meetings of the
Board may be removed from office by reason thereof as reported by the
Board Chairperson to the Mayor.
24.03 COMPENSATION. Members of the Board shall serve without

compensation.
24.04 TREE LIST. The Tree Board shall maintain a list of desirable trees
for planting as well as a list of trees not permitted for planting. This list will be
updated and maintained on a regular basis by the Board.
24.05 POWERS AND DUTIES. The Board shall have and exercise the
1. Selection of Officers. The Board shall choose annually at its first
regular meeting one of its members to act as Chairperson and another as

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CHAPTER 24 TREE BOARD
Vice Chairperson, who shall perform all of the duties of the Chairperson
during the Chairperson’s absence or disability.
2. Adopt Rules and Regulations. The Board shall adopt such rules
and regulations governing its organization and procedure as it may deem
necessary.
3. Limitation on Entering Contracts. The Board shall have no power
to contract debts but may present expenditure requests to the Perry City
Council regarding proposed needs the Board deems prudent for projects.
4. It shall be the duty of the Tree Board to prepare, revise annually
and administer a written plan for the care, preservation, pruning,
planting, replanting, removal and disposition of trees and shrubs located
within the right-of-way boundaries of all City streets or located on any
other property owned by the City.
5. The Board shall determine based upon the Tree Ordinance of the
City of Perry Code of Ordinances the variety of trees that will be
allowed to be planted in right-of-ways, City parks, or on any other City
property.
6. The Board shall determine through physical inspection what trees
need to be removed in right-of-ways, City parks, or on any other City
property.
7. A regular tree inspection schedule shall be carried out by the
Board with the Board having the authority to determine the priority of a
tree that should be removed or planted.
8. Long range plans for tree removal and planting will be developed
by the Board and be presented to the Perry City Council.
(Former Chapter 24, Parks Commission, repealed by Ord. 857 – Mar. 07 Supp.)
(New Chapter 24, Tree Board, added by Ord. 855 – Mar. 07 Supp.)

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CHAPTER 25
UTILITY BOARD OF TRUSTEES

25.01 Purpose 25.06 Powers and Duties of the Board
25.02 Board Established 25.07 Control of Funds
25.03 Appointment of Trustees 25.08 Accounting
25.04 Compensation 25.09 Discriminatory Rates Illegal
25.05 Vacancies 25.10 Discontinuance of Board
25.01 PURPOSE. The purpose of this chapter is to provide for the operation
of the municipally owned water utility by a board of trustees.
25.02 BOARD ESTABLISHED. Pursuant to an election held March 30,

1947, the management and control of the municipally owned Water Utility
were placed in the hands of a Board of Trustees.
25.03 APPOINTMENT OF TRUSTEES. The Mayor shall appoint, subject

to the approval of the Council, three (3) persons to serve as trustees for
staggered six (6) year terms, to run from the first day of April following
appointment. No public officer or salaried employee of the City may serve on
the Utility Board.
25.04 COMPENSATION. The Council shall by resolution set the

compensation of Board members.
25.05 VACANCIES. An appointment to fill a vacancy on the Board of

Trustees shall be made in the same manner as an original appointment except
that such appointment shall be for the balance of the unexpired term.
25.06 POWERS AND DUTIES OF THE BOARD. The Board of Trustees

may exercise all powers of the City in relation to the Water Utility, with the
following exceptions:
1. Taxes, ordinances and bonds. The Board may not certify taxes to
be levied, pass ordinances or amendments, or issue general obligation or
special assessment bonds.
Code of Iowa, Sec. 388.4[1])

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CHAPTER 25 UTILITY BOARD OF TRUSTEES
2. Property. Title to all property must be in the name of the City but
the Board has full control of such property subject to limitations imposed
by law.
3. Reports to Council. The Board shall make a detailed annual
report to the Council including a complete financial statement.
4. Proceedings Published. Immediately following a regular or
special meeting, the Board Secretary shall prepare and cause to be
published in a newspaper of general circulation in the City a condensed
statement of proceedings including a list of all claims.
25.07 CONTROL OF FUNDS. The Board shall control tax revenues

allocated to it as well as all moneys derived from operations.
25.08 ACCOUNTING. Utility moneys are held in a separate utility fund.

25.09 DISCRIMINATORY RATES ILLEGAL. The utility may not

provide use or service at a discriminatory rate, except to the City or its agencies,
as provided in Section 384.91, Code of Iowa.
25.10 DISCONTINUANCE OF BOARD. A proposal, on motion of the

Council or upon receipt of a valid petition, to discontinue the utility board is
subject to the approval of the voters of the City, except that the Board may be
discontinued by resolution of the Council when the utility it administers is
disposed of or leased for a period of over five (5) years.

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CHAPTER 26
AIRPORT COMMISSION
26.01 Airport Commission 26.05 Bond
26.02 Appointment and Term 26.06 Officers
26.03 Vacancies 26.07 Powers and Duties
26.04 Compensation 26.08 Annual Report
26.01 AIRPORT COMMISSION. There shall be an Airport Commission

consisting of five (5) resident voters of the City.
26.02 APPOINTMENT AND TERM. Commissioners shall be appointed

by the Council for staggered terms of four (4) years.
26.03 VACANCIES. Vacancies shall be filled by appointment of the

Council to fill out the unexpired term for which the appointment was made.
26.04 COMPENSATION. Members of the Commission shall serve without

compensation.
26.05 BOND. The bond amount, as is required for Airport Commissioners in

Section 330.20 of the Code of Iowa, shall be set at zero.
26.06 OFFICERS. The Commission shall elect from its own members a
Chairperson and Secretary who shall serve for such term as the Commission
shall determine.
26.07 POWERS AND DUTIES. The Commission shall have and exercise
the following powers and duties.
1. General. The Commission has all the powers in relation to
airports granted to cities under State law except powers to sell the
airport.

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CHAPTER 26 AIRPORT COMMISSION
2. Budget. The Commission shall annually certify the amount of tax

to be levied for airport purposes, and upon such certification the Council
may include all or a portion of said amount in its budget.
3. Funds. All funds derived from taxation or otherwise for airport
purposes shall be under the full and absolute control of the Commission
for the purposes prescribed by law, and shall be deposited with the
Treasurer or City Clerk to the credit of the Airport Commission, and
shall be disbursed only on the written orders of the Airport Commission,
including the payment of all indebtedness arising from the acquisition
and construction of airports and the maintenance, operation, and
extension thereof.
26.08 ANNUAL REPORT. The Airport Commission shall immediately

after the close of each municipal fiscal year, file with the City Clerk a detailed
and audited written report of all money received and disbursed by the
Commission during said fiscal year, and shall publish a summary thereof in an
official newspaper.

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CHAPTER 27
HISTORIC PRESERVATION COMMISSION

27.01 Purpose and Intent 27.03 Structure of the Commission
27.02 Definitions 27.04 Powers of the Commission
27.01 PURPOSE AND INTENT. The purposes of this chapter are to:
1. Establish a Historic Preservation Commission;
2. Define the powers and duties of the Commission;
3. Promote the educational, cultural, economic and general welfare
of the public through the recognition, enhancement and perpetuation of
sites and districts of historical and cultural significance;
4. Safeguard the City’s historic, aesthetic and cultural heritage by
preserving sites and districts of historic and cultural significance;
5. Stabilize and improve property values;
6. Foster pride in the legacy of beauty and achievements of the past;
7. Protect and enhance the City’s attractions to tourists and visitors
and the support and stimulus to business thereby provided;
8. Strengthen the economy of the City; and
9. Promote the use of sites and districts of historic and cultural
significance as places for the education, pleasure, and welfare of the
people of the City.
27.02 DEFINITIONS. For use in this chapter, the following terms are
defined:
1. “Commission” means the Perry Historic Preservation Commission,
as established by this chapter.
2. “Historic district” means an area which contains a significant
portion of buildings, structures or other improvements which, considered
as a whole, possess integrity of location, design, setting, materials,
workmanship, feeling and association, and which area as a whole:
A. Embodies the distinctive characteristics of a type, period or
method of construction, or represents the work of a master, or
possesses high artistic values, or represents a significant and
distinguishable entity whose components may lack individual
distinction; or

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CHAPTER 27 HISTORIC PRESERVATION COMMISSION
B. Is associated with events that have made significant

contributions to the broad patterns of our local, state or national
history; or
C. Possesses a coherent and distinctive visual character or
integrity based upon similarity of scale, design, color, setting,
workmanship, materials or combinations thereof which is deemed
to add significantly to the value and attractiveness of properties
within such area; or
D. Is associated with the lives of persons significant in our
past; or
E. Has yielded, or may be likely to yield, information
important in prehistory or history.
3. “Historic site” means a structure or building which:
A. Is associated with events that have made a significant
contribution to the broad patterns of our history; or
B. Is associated with the lives of persons significant in our
past; or
C. Embodies the distinctive characteristics of a type, period or
method of construction or represents the work of a master, or
possesses high artistic values, or represents a significant and
distinction; or
D. Has yielded, or may be likely to yield, information
important in prehistory or history.
27.03 STRUCTURE OF COMMISSION.

1. The Commission shall consist of seven (7) persons and a majority
of the Commission members must be residents of the City.
2. Members of the Commission shall be appointed by the Mayor
with the approval of the Council. Members shall demonstrate a positive
interest in historic preservation, possess interest or expertise in
architecture, architectural history, historic preservation, city planning,
building rehabilitation, conservation in general or real estate.
3. The Commission members are appointed for staggered terms of
three (3) years, from January 1 following the year of such appointment
or until the appointment of a successor to serve for the remaining term.

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4. Vacancies occurring in the Commission, other than expiration of

term of office, shall be only for the unexpired portion of the term of the
member replaced.
5. Members may serve for more than one term and each member
shall serve until the appointment of a successor.
6. Vacancies shall be filled by the City according to the original
selection as aforesaid.
7. Members shall serve without compensation.
8. A simple majority of the Commission shall constitute a quorum
for the transaction of business.
9. The Commission shall elect a Chairperson who shall preside over
all Commission meetings and elect a Secretary who shall be responsible
for maintaining written records of the Commission’s proceedings.
10. The Commission shall meet at least three (3) times a year.
27.04 POWERS OF THE COMMISSION.

1. The Commission may conduct inventory studies for the
identification and designation of historic districts and sites meeting the
definitions established by this chapter. The Commission may proceed at
its own initiative or upon a petition from any person, group or
association. The Commission shall maintain records of all studies and
inventories for public use.
2. The Commission may make a recommendation to the State
Bureau of Historic Preservation for the listing of an historic district or
site in the National Register of Historic Places and may conduct a public
hearing thereon.
3. The Commission may investigate and recommend to the Council
the adoption of ordinances designating historic sites and historic districts
if they qualify as defined herein.
4. In addition to those duties and powers specified above, the
Commission may, with Council approval,
A. Accept unconditional gifts and donations of real and
personal property, including money, for the purpose of historic
preservation;
B. Acquire, by purchase, bequest or donation, fee and lesser
interests in historic properties, including properties adjacent to or
associated with historic properties;

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C. Preserve, restore, maintain and operate historic properties

under the ownership or control of the Commission;
D. Lease, sell and otherwise transfer or dispose of historic
properties subject to rights of public access and other covenants
and in a manner that will preserve the property;
E. Contract, with the approval of the Council, with State or
Federal government or other organizations;
F. Cooperate with Federal, State and local governments in the
pursuance of the objectives of historic preservation;
G. Provide information for the purpose of historic
preservation to the Council; and
H. Promote and conduct an educational and interpretive
program on historic properties within its jurisdiction.

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CHAPTER 28
COMPLIANCE OFFICER
28.01 POWERS AND DUTIES. The Compliance Officer shall enforce this
Code of Ordinances by serving as Building Official designated to enforce the
Code of Ordinances including such areas as dangerous buildings and other
areas as directed by the Council.

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CHAPTER 28 COMPLIANCE OFFICER
°°°°°°°°°°

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CHAPTER 29
PARKS AND RECREATION ADVISORY BOARD

29.01 Board Established 29.04 Reports to Council
29.02 Purpose 29.05 Powers and Duties of the Board
29.03 Structure of Board 29.06 Rules and Regulations
29.01 BOARD ESTABLISHED. There is hereby established an

administrative agency known as the Parks and Recreation Advisory Board.
29.02 PURPOSE. The purpose of the Board is to advise and make

recommendations to the Council on matters relating to the operation of the
McCreary Community Building, Perkins Park, Wiese Park, Pattee Park and
such other parks, playgrounds, and community recreational facilities as may be
designated by the Council. The Board shall plan, develop and oversee City
programs for the leisure time activities of the City’s residents of all ages.
29.03 STRUCTURE OF BOARD.

1. The Board is composed of five (5) members and at least three (3)
of those members must be residents of the City of Perry.
2. The Mayor, with approval of the Council, shall appoint members
of the Board.
3. The Board members are appointed for staggered terms of three (3)
years, from March 1 following the year of such appointment or until the
appointment of a successor to serve for the remaining term.
4. Vacancies occurring in the Board, other than expiration of terms
of office, shall be only for the unexpired portion of the term of the
member replaced.
5. Three (3) members of the Board shall serve as a quorum.
6. Members shall serve without compensation, but may be
reimbursed for actual expenses, including travel expenses, incurred in
performing any duty described in this chapter, subject to Council
approval.
7. The Board shall elect officers and adopt its own rules of order as
it applies to meeting procedure.
29.04 REPORTS TO COUNCIL. The Board shall make written reports to

the Council of its activities on at least an annual basis, or upon Council request.

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CHAPTER 29 PARKS AND RECREATION ADVISORY BOARD
The report shall contain the work of the Board, including income and
expenditures for the Recreation Department and the Parks Department and the
condition of the property in the Recreation Department and the Parks
Department.
29.05 POWERS AND DUTIES OF THE BOARD. The Board shall work
in harmony in an advisory position to the Council to develop a master plan of
activities and shall assist when necessary in the preparation of the budget and
make recommendations for expenditures. The Board shall review and make
recommendations for operations of the City’s park system, recreational
activities, the McCreary Community Building and other related functions.
29.06 RULES AND REGULATIONS. The Board shall have the power to
establish, adopt, amend, modify or repeal rules and regulations, not inconsistent
with this Code of Ordinances and the law, for the care, use, government and
management of the Recreation Department, Parks Department, McCreary
Community Center and the business of the Board, fixing and enforcing
penalties for violations.
(Ch. 29 – Ord. 858 – Oct. 07 Supp.)

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CHAPTER 30
POLICE DEPARTMENT
30.01 Department Established 30.07 Police Chief: Duties
30.02 Organization 30.08 Departmental Rules
30.03 Peace Officer Qualifications 30.09 Summoning Aid
30.04 Required Training 30.10 Taking Weapons
30.05 Compensation 30.11 Compliance Officer
30.06 Peace Officers Appointed
30.01 DEPARTMENT ESTABLISHED. The police department of the City

is established to provide for the preservation of peace and enforcement of law
and ordinances within the corporate limits of the City.
30.02 ORGANIZATION. The department consists of the Police Chief and

such other law enforcement officers and personnel, whether full or part time, as
may be authorized by the Council.
30.03 PEACE OFFICER QUALIFICATIONS. In no case shall any person

be selected or appointed as a law enforcement officer unless such person meets
the minimum qualification standards established by the Iowa Law Enforcement
Academy.
30.04 REQUIRED TRAINING. All peace officers shall have received the
minimum training required by law at an approved law enforcement training
school within one year of employment. Peace officers shall also meet the
minimum in-service training as required by law.
(Code of Iowa, Sec. 80B.11 [2])
(IAC, 501-3 and 501-8)
30.05 COMPENSATION. Members of the department are designated by

rank and receive such compensation as shall be determined by resolution of the
Council.
30.06 PEACE OFFICERS APPOINTED. The Mayor shall appoint the

Police Chief and the Police Chief shall select, subject to the approval of the
Mayor, the other members of the department.
30.07 POLICE CHIEF: DUTIES. The Police Chief has the following
powers and duties subject to the approval of the Council.

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CHAPTER 30 POLICE DEPARTMENT
1. General. Perform all duties required of the police chief by law or

ordinance.
2. Enforce Laws. Enforce all laws, ordinances and regulations and
bring all persons committing any offense before the proper court.
3. Writs. Execute and return all writs and other processes directed
to the Police Chief.
4. Accident Reports. Report all motor vehicle accidents investigated
to the State Department of Transportation.
5. Prisoners. Be responsible for the custody of prisoners, including
conveyance to detention facilities as may be required.
6. Assist Officials. When requested, provide aid to other City
officers, boards and commissions in the execution of their official duties.
7. Investigations. Provide for such investigation as may be
necessary for the prosecution of any person alleged to have violated any
law or ordinance.
8. Record of Arrests. Keep a record of all arrests made in the City
by showing whether said arrests were made under provisions of State
law or City ordinance, the offense charged, who made the arrest and the
disposition of the charge.
9. Reports. Compile and submit to the Mayor and Council an
annual report as well as such other reports as may be requested by the
Mayor or Council.
10. Command. Be in command of all officers appointed for police
work and be responsible for the care, maintenance and use of all
vehicles, equipment and materials of the department.
30.08 DEPARTMENTAL RULES. The Police Chief shall establish such

rules, not in conflict with the Code of Ordinances, and subject to the approval
of the Council, as may be necessary for the operation of the department.
30.09 SUMMONING AID. Any peace officer making a legal arrest may
orally summon as many persons as the officer reasonably finds necessary to aid
the officer in making the arrest.
30.10 TAKING WEAPONS. Any person who makes an arrest may take
from the person arrested all items which are capable of causing bodily harm

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which the arrested person may have within such person’s control to be disposed
of according to law.
30.11 COMPLIANCE OFFICER. The Compliance Officer is a member of

the Police Department and shall have and exercise the following powers and
duties:
1. Enforcement. Enforce this Code of Ordinances by serving as a
compliance officer designated to enforce the Code of Ordinances
including such areas as nuisances, junk vehicles and noise.
2. Other. Perform such other duties as may be included in the job
description of Compliance Officer as approved by the Council.

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CHAPTER 35
FIRE DEPARTMENT
35.01 Establishment and Purpose 35.07 Membership Application and Approval
35.02 Organization 35.08 Fire Chief Duties
35.03 Rules and Regulations 35.09 Fire Calls Outside Corporate Limits
35.04 Removal of Members 35.10 Mutual Aid
35.05 Section of Other Officers 35.11 Authority to Cite Violations
35.06 Employment and Appointment of Chiefs 35.12 Liability for Assistance Costs
35.01 ESTABLISHMENT AND PURPOSE. The Perry Fire Department is

hereby established to prevent and extinguish fires and to protect lives and
property against fires, to promote fire prevention and fire safety, and to answer
all emergency calls for which there is no other established agency.
35.02 ORGANIZATION. The department consists of the Fire Chief,

Assistant Fire Chief and such other officers and personnel as may be authorized
by the Council by resolution.
35.03 RULES AND REGULATIONS. The Fire Chief, after consultation

with the City Administrator, shall formulate the rules and regulations of the
department, which rules and regulations, when approved by the Council and
recorded in its minutes, shall govern the department and its members.
35.04 REMOVAL OF MEMBERS. The Council or City Administrator,

after the approval of the Council, has the power to remove any member or
officer of the department at any time for dereliction of duty, disobedience,
misconduct or failure to properly perform the duties of such member or officer.
35.05 SELECTION OF OTHER OFFICERS. The Fire Chief, with the

approval of the Council, shall approve such officers in addition to a Chief and
Assistant Chief as the Fire Chief sees fit and advisable for the proper and
orderly administration of the department.
35.06 EMPLOYMENT AND APPOINTMENT OF CHIEFS. The Fire

Chief shall be appointed by the Council upon the recommendation of the City
Administrator. The Assistant Chief shall be appointed by the Council.
35.07 MEMBERSHIP APPLICATION AND APPROVAL. Any person

desiring to become a volunteer member of the Fire Department shall submit an
application to the Fire Chief, and if there is a vacancy in the membership, the

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CHAPTER 35 FIRE DEPARTMENT
Fire Chief shall submit such application to the Council, and upon approval by
the Council and the Fire Chief’s recommendation, such person shall become a
member. The members of the Fire Department shall, at all times, be subject to
the direction of the Fire Chief.
35.08 FIRE CHIEF DUTIES. The Fire Chief, or in the absence of or

inability to act as Fire Chief, the Assistant Fire Chief shall perform all duties
required of the Fire Chief by law or ordinance, including but not limited to the
following:
1. Command. Have the sole and absolute charge of all members of
the Fire Department at any fire.
2. Call for Aid. Call upon all persons to assist in extinguishing fires
and the removal or saving of property.
3. Authority at Fires. When in charge of a fire scene, direct an
operation as necessary to extinguish or control a fire, perform a rescue
operation, investigate the existence of a suspected or reported fire, gas
leak, or other hazardous condition, or take any other action deemed
necessary in the reasonable performance of the department’s duties.
4. Control of Scenes. Prohibit an individual, vehicle or vessel from
approaching a fire scene and remove from the scene any object, vehicle,
vessel or individual that may impede or interfere with the operation of
the Fire Department.
5. Authority to Barricade. When in charge of a fire scene, place or
erect ropes, guards, barricades or other obstructions across a street, alley,
right-of-way, or private property near the location of the fire or
emergency so as to prevent accidents or interference with the fire
fighting efforts of the fire department, to control the scene until any
required investigation is complete, or to preserve evidence related to the
fire or other emergency.
6. Fire Inspector. May serve as the Fire Inspector of the City and as
such inspect any building, structure, business place, place or thing
charged to be in violation of the State or City fire laws and report the
results of said investigations, together with his or her recommendations,
to the City Administrator.

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7. Records. Cause to be kept a true and correct roll of the members

of the Fire Department, showing the dates of admission to membership
and withdrawal or expulsion of each member thereof.
8. Suspend Members. Suspend any member of the department,
except the Assistant Chief, for the violation of any rule or regulation of
the department, or for disobedience to any superior officer while going
to, at, or returning from any fire. Any suspended member may appeal
from such suspension to the Council by serving notice thereof upon the
Fire Chief and by filing such appeal with the City Administrator within
forty-eight (48) hours and the Council after giving the Fire Chief and
suspended person twenty-four (24) hours’ notice of the time and place of
hearing shall hear evidence upon the matter. The actions of the Council
shall be final and no appeal shall lie therefrom.
9. Other. Perform such other duties as may be included in the job
description of Fire Chief approved by the Council prior to the
appointment of the Fire Chief.
10. Township Trustees Meetings and Contract Development.
Annually meet with the Township Trustees (or their designee) of every
rural township having a fire service agreement with the City and by
December 31st of each calendar year provide the City Council with a
written status report with respect to each township fire service agreement
and make recommendations for the continuation, modification or
cancellation of each of the said agreements. (Ord. 791 – May 03 Supp.)
35.09 FIRE CALLS OUTSIDE CORPORATE LIMITS. Fire protection

may be extended outside the City as follows:
1. Petition. Any industry located without the corporate limits of the
City which desires fire protection by the local department and its
equipment may acquire the same by petitioning the Council for this
protection.
2. Approval. After said petition has been presented to the Council
and the Council has approved same, then by contract, fire protection will
be furnished, and the terms will be specifically expressed therein for the
furnishing of the services by the Fire Department. The terms will be
designated by the Council for answering such fire calls.
3. Fire Protection Agreements. The City will provide fire protection
within the surrounding fire district upon agreement with each individual
township or parts of townships.
4. Outside City Limits. The department shall answer calls to fires
and other emergencies outside the City limits if the Fire Chief

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determines that such emergency exists and that such action will not
endanger persons and property within the City limits.
35.10 MUTUAL AID. Subject to approval by resolution of the Council, the

department may enter into mutual aid agreements with other legally constituted
fire departments. Copies of any such agreements shall be filed with the Clerk.
(Code of Iowa, Sec. 364.4 [2 & 3])
35.11 AUTHORITY TO CITE VIOLATIONS. Fire officials acting under

the authority of Chapter 100 of the Code of Iowa may issue citations in
accordance to Chapter 805 of the Code of Iowa, for violations of State and/or
local fire safety regulations.
35.12 LIABILITY FOR ASSISTANCE COSTS. Extraordinary costs

incurred by the Fire Department of the City in connection with a call for aid
authorized by Section 35.08(2) and any other call for assistance needed to
suppress fire shall be borne by the owner of the property requiring said
assistance. The final decision on the need for assistance is made by the Fire
Department officer in charge at the fire scene. The City shall bill the individual
responsible for the costs. If the bill for those services has not been paid within
thirty (30) days, the City Attorney shall proceed to obtain payment by all legal
means.

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CHAPTER 36
HAZARDOUS SUBSTANCE SPILLS

36.01 Purpose 36.05 Notifications
36.02 Definitions 36.06 Police Authority
36.03 Cleanup Required 36.07 Liability
36.04 Liability for Cleanup Costs
36.01 PURPOSE. In order to reduce the danger to the public health, safety
and welfare from the leaks and spills of hazardous substances, these regulations
are promulgated to establish responsibility for the treatment, removal and
cleanup of hazardous substance spills within the City limits.
36.02 DEFINITIONS. For purposes of this chapter the following terms are
defined:
1. “Cleanup” means actions necessary to contain, collect, control,
identify, analyze, clean up, treat, disperse, remove or dispose of a
hazardous substance.
(Code of Iowa, Sec. 455B.381[1])
2. “Hazardous condition” means any situation involving the actual,
imminent or probable spillage, leakage, or release of a hazardous
substance onto the land, into a water of the State or into the atmosphere
which creates an immediate or potential danger to the public health or
safety or to the environment.
3. “Hazardous substance” means any substance or mixture of
substances that presents a danger to the public health or safety and
includes, but is not limited to, a substance that is toxic, corrosive, or
flammable, or that is an irritant or that generates pressure through
decomposition, heat, or other means. “Hazardous substance” may
include any hazardous waste identified or listed by the administrator of
the United States Environmental Protection Agency under the Solid
Waste Disposal Act as amended by the Resource Conservation and
Recovery Act of 1976, or any toxic pollutant listed under section 307 of
the Federal Water Pollution Control Act as amended to January 1, 1977,
or any hazardous substance designated under Section 311 of the Federal

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CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
Water Pollution Control Act as amended to January 1, 1977, or any

hazardous material designated by the Secretary of Transportation under
the Hazardous Materials Transportation Act.
4. “Responsible person” means a person who at any time produces,
handles, stores, uses, transports, refines, or disposes of a hazardous
substance, the release of which creates a hazardous condition, including
bailees, carriers, and any other person in control of a hazardous
substance when a hazardous condition occurs, whether the person owns
the hazardous substance or is operating under a lease, contract, or other
agreement with the legal owner of the hazardous substance.
36.03 CLEANUP REQUIRED. Whenever a hazardous condition is created

by the deposit, injection, dumping, spilling, leaking or placing of a hazardous
substance, so that the hazardous substance or a constituent of the hazardous
substance may enter the environment or be emitted into the air or discharged
into any waters, including ground waters, the responsible person shall cause the
condition to be remedied by a cleanup, as defined in the preceding section, as
rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall
be borne by the responsible person. If the responsible person does not cause the
cleanup to begin in a reasonable time in relation to the hazard and
circumstances of the incident, the City may, by an authorized officer, give
reasonable notice, based on the character of the hazardous condition, said notice
setting a deadline for accomplishing the cleanup and stating that the City will
proceed to procure cleanup services and bill the responsible person for all costs
associated with the cleanup if the cleanup is not accomplished within the
deadline. In the event that it is determined that immediate cleanup is necessary
as a result of the present danger to the public health, safety and welfare, then no
notice shall be required and the City may proceed to procure the cleanup and
bill the responsible person for all costs associated with the cleanup. If the bill
for those services is not paid within thirty (30) days, the City Attorney shall
proceed to obtain payment by all legal means. If the cost of the cleanup is
beyond the capacity of the City to finance it, the authorized officer shall report
to the Council and immediately seek any State or Federal funds available for
said cleanup.
36.04 LIABILITY FOR CLEANUP COSTS. The responsible person shall

be strictly liable for all of the following:
1. The reasonable cleanup costs incurred by the City as a result of
the failure of the responsible person to clean up a hazardous substance
involved in a hazardous condition.

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2. The reasonable costs incurred by the City to evacuate people from

the area threatened by a hazardous condition caused by the person.
3. The reasonable damages to the City for the injury to, destruction
of, or loss of City property, including parks and roads, resulting from a
hazardous condition caused by that person, including the costs of
assessing the injury, destruction or loss.
36.05 NOTIFICATIONS.
1. A person manufacturing, storing, handling, transporting, or
disposing of a hazardous substance shall notify the State Department of
Natural Resources and the Police Department and Fire Department of the
occurrence of a hazardous condition as soon as possible but not later
than six (6) hours after the onset of the hazardous condition or discovery
of the hazardous condition. The Police Chief shall immediately notify
the Department of Natural Resources.
2. Any other person who discovers a hazardous condition shall
notify the Police Department and Fire Department, which shall then
notify the Department of Natural Resources.
36.06 POLICE AUTHORITY. If the circumstances reasonably so require,

the law enforcement officer or an authorized representative may:
1. Evacuate persons from their homes to areas away from the site of
a hazardous condition, and
2. Establish perimeters or other boundaries at or near the site of a
hazardous condition and limit access to cleanup personnel.
No person shall disobey an order of any law enforcement officer issued under
this section.
36.07 LIABILITY. The City shall not be liable to any person for claims of
damages, injuries, or losses resulting from any hazardous condition, unless the
City is the responsible person as defined in Section 36.02[4].

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CHAPTER 40
PUBLIC PEACE
40.01 Assault 40.04 Unlawful Assembly
40.02 Harassment 40.05 Failure to Disperse
40.03 Disorderly Conduct
40.01 ASSAULT. No person shall, without justification, commit any of the

following:
1. Pain or Injury. Any act which is intended to cause pain or injury
to, or which is intended to result in physical contact which will be
insulting or offensive to another, coupled with the apparent ability to
execute the act.
2. Threat of Pain or Injury. Any act which is intended to place
another in fear of immediate physical contact which will be painful,
injurious, insulting, or offensive, coupled with the apparent ability to
execute the act.
However, where the person doing any of the above enumerated acts, and such
other person, are voluntary participants in a sport, social or other activity, not in
itself criminal, and such act is a reasonably foreseeable incident of such sport or
activity, and does not create an unreasonable risk or serious injury or breach of
the peace, the act is not an assault. Provided, where the person doing any of the
above enumerated acts is employed by a school district or accredited nonpublic
school, or is an area education agency staff member who provides services to a
school or school district, and intervenes in a fight or physical struggle, or other
disruptive situation that takes place in the presence of the employee or staff
member performing employment duties in a school building, on school grounds
or at an official school function regardless of the location, the act is not an
assault, whether the fight or physical struggle or other disruptive situation is
between students or other individuals if the degree and the force of the
intervention is reasonably necessary to restore order and to protect the safety of
those assembled.
40.02 HARASSMENT. No person shall commit harassment.

1. A person commits harassment when, with intent to intimidate,
annoy or alarm another person, the person does any of the following:

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CHAPTER 40 PUBLIC PEACE
A. Communicates with another by telephone, telegraph,

writing or via electronic communication without legitimate
purpose and in a manner likely to cause the other person
annoyance or harm.
B. Places any simulated explosive or simulated incendiary
device in or near any building, vehicle, airplane, railroad engine
or railroad car, or boat occupied by the other person.
C. Orders merchandise or services in the name of another, or
to be delivered to another, without such other person’s knowledge
or consent.
D. Reports or causes to be reported false information to a law
enforcement authority implicating another in some criminal
activity, knowing that the information is false, or reports the
alleged occurrence of a criminal act, knowing the same did not
occur.
2. A person commits harassment when the person, purposefully and
without legitimate purpose, has personal contact with another person,
with the intent to threaten, intimidate or alarm that other person. As
used in this section, unless the context otherwise requires, “personal
contact” means an encounter in which two or more people are in visual
or physical proximity to each other. “Personal contact” does not require
a physical touching or oral communication, although it may include
these types of contacts.
40.03 DISORDERLY CONDUCT. No person shall do any of the

following:
1. Fighting. Engage in fighting or violent behavior in any public
place or in or near any lawful assembly of persons, provided that
participants in athletic contests may engage in such conduct which is
reasonably related to that sport.
2. Noise. Make loud and raucous noise in the vicinity of any
residence or public building which causes unreasonable distress to the
occupants thereof.

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3. Abusive Language. Direct abusive epithets or make any

threatening gesture which the person knows or reasonably should know
is likely to provoke a violent reaction by another.
4. Disrupt Lawful Assembly. Without lawful authority or color of
authority, disturb any lawful assembly or meeting of persons by conduct
intended to disrupt the meeting or assembly.
5. False Report of Catastrophe. By words or action, initiate or
circulate a report or warning of fire, epidemic, or other catastrophe,
knowing such report to be false or such warning to be baseless.
6. Disrespect of Flag. Knowingly and publicly use the flag of the
United States in such a manner as to show disrespect for the flag as a
symbol of the United States, with the intent or reasonable expectation
that such use will provoke or encourage another to commit a public
offense.
7. Obstruct Use of Street. Without authority or justification,
obstruct any street, sidewalk, highway, or other public way, with the
intent to prevent or hinder its lawful use by others.
40.04 UNLAWFUL ASSEMBLY. It is unlawful for three (3) or more

persons to assemble together, with them or any of them acting in a violent
manner, and with intent that they or any of them will commit a public offense.
No person shall willingly join in or remain part of an unlawful assembly,
knowing or having reasonable grounds to believe it is such.
40.05 FAILURE TO DISPERSE. A peace officer may order the

participants in a riot or unlawful assembly or persons in the immediate vicinity
of a riot or unlawful assembly to disperse. No person within hearing distance
of such command shall refuse to obey.

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°°°°°°°°°°

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CHAPTER 41
PUBLIC HEALTH AND SAFETY

41.01 Distributing Dangerous Substances 41.06 Antenna and Radio Wires
41.02 False Reports to or Communications with Public 41.07 Barbed Wire and Electric Fences
Safety Entities 41.08 Discharging Weapons
41.03 Refusing to Assist Officer 41.09 Throwing and Shooting
41.04 Harassment of Public Officers and Employees 41.10 Urinating and Defecating
41.05 Abandoned or Unattended Refrigerators 41.11 Pseudoephedrine Restrictions
41.01 DISTRIBUTING DANGEROUS SUBSTANCES. No person shall

distribute samples of any drugs or medicine, or any corrosive, caustic,
poisonous or other injurious substance unless the person delivers such into the
hands of a competent person, or otherwise takes reasonable precautions that the
substance will not be taken by children or animals from the place where the
substance is deposited.
41.02 FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC

SAFETY ENTITIES. No person shall do any of the following:
1. Report or cause to be reported false information to a fire
department, a law enforcement authority or other public safety entity,
knowing that the information is false, or report the alleged occurrence of
a criminal act knowing the act did not occur.
2. Telephone an emergency 911 communications center, knowing
that he or she is not reporting an emergency or otherwise needing
emergency information or assistance.
3. Knowingly provide false information to a law enforcement officer
who enters the information on a citation.
41.03 REFUSING TO ASSIST OFFICER. Any person who is requested or

ordered by any magistrate or peace officer to render the magistrate or officer
assistance in making or attempting to make an arrest, or to prevent the
commission of any criminal act, shall render assistance as required. No person
shall unreasonably and without lawful cause, refuse or neglect to render
assistance when so requested.

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CHAPTER 41 PUBLIC HEALTH AND SAFETY
41.04 HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES.

No person shall willfully prevent or attempt to prevent any public officer or
employee from performing the officer’s or employee’s duty.
41.05 ABANDONED OR UNATTENDED REFRIGERATORS. No

person shall abandon or otherwise leave unattended any refrigerator, ice box, or
similar container, with doors that may become locked, outside of buildings and
accessible to children, nor shall any person allow any such refrigerator, ice box,
or similar container, to remain outside of buildings on premises in the person’s
possession or control, abandoned or unattended and so accessible to children.
41.06 ANTENNA AND RADIO WIRES. It is unlawful for a person to

allow antenna wires, antenna supports, radio wires or television wires to exist
over any street, alley, highway, sidewalk, public way, public ground or public
building without written consent of the Council.
41.07 BARBED WIRE AND ELECTRIC FENCES. It is unlawful for a

person to use barbed wire or electric fences to enclose land within the City
limits without the written consent of the Council unless such land consists of
ten (10) acres or more and is used as agricultural land.
41.08 DISCHARGING WEAPONS.

1. It is unlawful for a person to discharge rifles, shotguns, revolvers,
pistols, guns, BB guns or other firearms of any kind within the City
limits except by written consent of the Council.
2. No person shall intentionally discharge a firearm in a reckless
manner.
41.09 THROWING AND SHOOTING. It is unlawful for a person to throw

stones, bricks or missiles of any kind or to shoot arrows, rubber guns,
slingshots, air rifles or other dangerous instruments or toys on or into any street,
alley, highway, sidewalk, public way, public ground or public building, without
written consent of the Council.
41.10 URINATING AND DEFECATING. It is unlawful for any person to

urinate or defecate onto any sidewalk, street, alley, or other public way, or onto
any public or private building, including but not limited to the wall, floor,
hallway, steps, stairway, doorway or window thereof, or onto any public or
private land.

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41.11 PSEUDOEPHEDRINE RESTRICTIONS.

(Code of Iowa, Sec. 126.23A)
1. A retailer shall not sell and a person shall not purchase in a single
transaction more than two packages containing pseudoephedrine as the
product’s sole active ingredient.
2. Except as otherwise provided, a retailer who offers for sale a
product containing pseudoephedrine as the product’s sole active
ingredient shall display and offer such product for sale behind a counter
where the public is not permitted or within twenty feet of a counter
which allows the attendant to view the products in an unobstructed
manner. A retailer may display or offer for sale without restriction a
product containing pseudoephedrine as the sole active ingredient if the
product is displayed using any type of antitheft device system, including
but not limited to an electronic antitheft device system that utilizes a
product tag and detection alarm which prevents the theft of the product.
3. A retailer shall post a notice at the location where a product
containing pseudoephedrine as its sole active ingredient is displayed or
offered for sale stating the following:
Iowa law prohibits the sale or purchase of more than two packages
containing pseudoephedrine as the sole active ingredient.
4. The provisions of this section do not apply to:
A. Any package of a product containing pseudoephedrine as
the product’s sole active ingredient which is in liquid form.
B. Any package of a product containing pseudoephedrine as
the product’s sole active ingredient which is primarily intended
for administration to children under twelve years of age according
to the label, regardless of whether the product is in liquid or solid
form.
C. Any package of a product containing pseudoephedrine as
the product’s sole active ingredient that the Board of Pharmacy
Examiners, with the concurrence of the Department of Public
Safety, upon application of a manufacturer, exempts from this
section because the product is formulated to effectively prevent
conversion of the active ingredient into methamphetamine or its
salts or precursors.
5. An employee of a retailer who sells or a person who purchases
pseudoephedrine in violation of subsection 1 of this section commits a
simple misdemeanor, punishable in an amount equal to a scheduled
violation under Section 805.8C (4a) of the Code of Iowa. If a citation is

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issued for a violation of subsection 1, the citation shall be issued to both

the employee and the purchaser. For each violation of subsections 1, 2
or 3 of this section by a retailer, the retailer shall be assessed an amount
equal to a scheduled fine under Section 805.8C (4b) of the Code of Iowa,
which is a civil penalty.
(Ord. 823 – Oct. 04 Supp.)

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CHAPTER 42
PUBLIC AND PRIVATE PROPERTY

42.01 Trespassing 42.04 Unauthorized Entry
42.02 Criminal Mischief 42.05 Fraud
42.03 Defacing Proclamations or Notices 42.06 Theft
42.07 Signs on Private Property
42.01 TRESPASSING. It is unlawful for a person to knowingly trespass

upon the property of another. As used in this section, the term “property”
includes any land, dwelling, building, conveyance, vehicle or other temporary
or permanent structure whether publicly or privately owned. The term
“trespass” means one or more of the following acts:
(Code of Iowa Sec. 716.7 and 716.8)
1. Entering Property Without Permission. Entering upon or in
property without the express permission of the owner, lessee, or person
in lawful possession with the intent to commit a public offense or to use,
remove therefrom, alter, damage, harass, or place thereon or therein
anything animate or inanimate.
2. Entering or Remaining on Property. Entering or remaining upon
or in property without justification after being notified or requested to
abstain from entering or to remove or vacate therefrom by the owner,
lessee, or person in lawful possession, or by any peace officer,
magistrate, or public employee whose duty it is to supervise the use or
maintenance of the property.
(Code of Iowa, Sec. 716.7 [2b])
3. Interfering with Lawful Use of Property. Entering upon or in
property for the purpose or with the effect of unduly interfering with the
lawful use of the property by others.
(Code of Iowa, Sec. 716.7 [2c])
4. Using Property Without Permission. Being upon or in property
and wrongfully using, removing therefrom, altering, damaging,
harassing, or placing thereon or therein anything animate or inanimate,
without the implied or actual permission of the owner, lessee, or person
in lawful possession.
(Code of Iowa, Sec. 716.7 [2d])
None of the above shall be construed to prohibit entering upon the property of
another for the sole purpose of retrieving personal property which has

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CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
accidentally or inadvertently been thrown, fallen, strayed, or blown onto the

property of another, provided that the person retrieving the property takes the
most direct and accessible route to and from the property to be retrieved, quits
the property as quickly as is possible, and does not unduly interfere with the
lawful use of the property.
(Code of Iowa, Sec. 716.7(3))
42.02 CRIMINAL MISCHIEF. It is unlawful, for any person who has no

right to do so, to intentionally damage, deface, alter or destroy tangible
property.
42.03 DEFACING PROCLAMATIONS OR NOTICES. It is unlawful for

a person intentionally to deface, obliterate, tear down, or destroy in whole or in
part, any transcript or extract from or of any law of the United States or the
State, or any proclamation, advertisement or notification, set up at any place
within the City by authority of the law or by order of any court, during the time
for which the same is to remain set up.
42.04 UNAUTHORIZED ENTRY. No unauthorized person shall enter or

remain in or upon any public building, premises or grounds in violation of any
notice posted thereon or when said building, premises or grounds are closed and
not open to the public. When open to the public, a failure to pay any required
admission fee also constitutes an unauthorized entry.
42.05 FRAUD. It is unlawful for any person to commit a fraudulent practice

as defined in Section 714.8 of the Code of Iowa.
42.06 THEFT. It is unlawful for any person to commit theft as defined in

42.07 SIGNS ON PRIVATE PROPERTY. No person shall paste, write,

print, stamp, nail or affix to any building, erection, fence, tree, lamppost,
sidewalk, telephone, telegraph or other pole, or to any other improvement, any
poster, show bill, hand bill or other printed or written notice or sign. This
section does not apply to legal and judicial notices.

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CHAPTER 45
ALCOHOL CONSUMPTION AND INTOXICATION

45.01 Persons Under Legal Age 45.03 Open Containers in Motor Vehicles
45.02 Public Consumption or Intoxication
45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal

age” means twenty-one (21) years of age or more.
1. A person or persons under legal age shall not purchase or attempt
to purchase or individually or jointly have alcoholic liquor, wine or beer
in their possession or control; except in the case of liquor, wine or beer
given or dispensed to a person under legal age within a private home and
with the knowledge, presence and consent of the parent or guardian, for
beverage or medicinal purposes or as administered to the person by
either a physician or dentist for medicinal purposes and except to the
extent that a person under legal age may handle alcoholic beverages,
wine, and beer during the regular course of the person’s employment by
a liquor control licensee, or wine or beer permittee under State laws.
2. A person under legal age shall not misrepresent the person’s age
for the purpose of purchasing or attempting to purchase any alcoholic
beverage, wine or beer from any licensee or permittee.
45.02 PUBLIC CONSUMPTION OR INTOXICATION.

1. As used in this section unless the context otherwise requires:
A. “Arrest” means the same as defined in Section 804.5 of the
Code of Iowa and includes taking into custody pursuant to
B. “Chemical test” means a test of a person’s blood, breath, or
urine to determine the percentage of alcohol present by a qualified
person using devices and methods approved by the Commissioner
of Public Safety.
C. “Peace Officer” means the same as defined in Section
801.4 of the Code of Iowa.
D. “School” means a public or private school or that portion
of a public or private school which provides teaching for any
grade from kindergarten through grade twelve.

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CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
2. A person shall not use or consume alcoholic liquor, wine or beer

upon the public streets or highways. A person shall not use or consume
alcoholic liquor, wine or beer in any public place, except premises
covered by a liquor control license. A person shall not possess or
consume alcoholic liquor, wine or beer on public school property or
while attending any public or private school-related function. A person
shall not be intoxicated or simulate intoxication in a public place.
(Ord. 796 – Jul. 03 Supp.)
3. When a peace officer arrests a person on a charge of public
intoxication under this section, the peace officer shall inform the person
that the person may have a chemical test administered at the person’s
own expense. If a device approved by the Commissioner of Public
Safety for testing a sample of a person’s breath to determine the person’s
blood alcohol concentration is available, that is the only test that need be
offered the person arrested. In a prosecution for public intoxication,
evidence of the results of a chemical test performed under this
subsection is admissible upon proof of a proper foundation. The
percentage of alcohol present in a person’s blood, breath, or urine
established by the results of a chemical test performed within two hours
after the person’s arrest on a charge of public intoxication is presumed to
be the percentage of alcohol present at the time of arrest.
45.03 OPEN CONTAINERS IN MOTOR VEHICLES. (See Section 62.08

of this Code of Ordinances.)

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CHAPTER 46
MINORS
46.01 Curfew 46.03 Contributing to Delinquency
46.02 Cigarettes and Tobacco
46.01 CURFEW.
1. Purpose. The Council has determined that a curfew for minors is
necessary to promote the public health, safety, morals and general
welfare of the City and specifically to achieve the following purposes:
A. Reinforce the primary authority and responsibility of
adults responsible for minors;
B. Protect the public from the illegal acts of minors
committed individually and in groups after the curfew hour; and
C. Protect minors from improper influences and criminal
activity by individuals and groups that prevail in public places
after the curfew hour.
2. Definitions. For use in this section, the following terms are
defined:
A. “Curfew hours” means:
(1) Sunday – Thursday
11:00 p.m. – 5:00 a.m. each day
(2) Friday – Saturday
12:00 a.m. (midnight) – 5:00 a.m. each day
B. “Emergency” means an unforeseen combination of
circumstances or the resulting state that calls for immediate
action. The term includes, but is not limited to, a fire, a natural
disaster, an automobile accident or any situation requiring
immediate action to prevent serious bodily injury or loss of life.
C. “Establishment” means any privately owned place of
business operated for a profit to which the public is invited,
including but not limited to any place of amusement or
entertainment.
D. “Guardian” means:

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CHAPTER 46 MINORS
(1) A person who, under court order, is the guardian of

the person of a minor; or
(2) A public or private agency with whom a minor has
been placed by a court.
E. “Knowingly” means knowledge which a responsible adult
should reasonably be expected to have concerning the
whereabouts of a minor in that responsible adult’s custody. It is
intended to continue to hold the neglectful or careless adult
responsible for a minor to a reasonable community standard of
adult responsibility through an objective test. It is therefore no
defense that an adult responsible for a minor was completely
indifferent to the activities or conduct or whereabouts of the
minor.
F. “Minor” means any person under eighteen (18) years of
age.
G. “Operator” means any person operating, managing or
conducting any establishment including the members or partners
of an association or partnership and the officers of a corporation.
H. “Parent” means a person who is:
(1) A natural parent, adoptive parent or step-parent of
another person; or
(2) At least 18 years of age and authorized by a parent
or guardian to have the care and custody of a minor.
I. “Public place” means any place to which the public or a
substantial group of the public has access and includes but is not
limited to streets, highways and the common areas of schools,
hospitals, apartment houses, office buildings, transport facilities
and shops.
J. “Remain” means:
(1) To linger or stay; or
(2) To fail to leave the premises when requested to do
so by a police officer or the owner, operator or other
person in control of the premises.
K. “Serious bodily injury” means bodily injury that creates a
substantial risk of death or that causes death, serious permanent
disfigurement or protracted loss or impairment of the function of
any bodily member or organ.

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CHAPTER 46 MINORS
3. Offenses.
A. A minor commits an offense if he or she remains in any
public place or on the premises of any establishment within the
City during curfew hours.
B. A parent or guardian commits an offense if he or she
knowingly permits or by insufficient control allows the minor to
remain in any public place or on the premises of any
establishment within the City during curfew hours.
C. The owner, operator or any employee of an establishment
commits an offense if he or she knowingly allows a minor to
remain upon the premises of the establishment during curfew
hours.
4. Defenses.
A. It is a defense to prosecution under subsection 3 of this
section that the minor was:
(1) Accompanied by the minor’s parent or guardian;
(2) On an errand at the direction of the minor’s parent
or guardian, without any detour or stop;
(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity or going to or
returning home from an employment activity, without any
detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor’s residence or
abutting the residence of a next-door neighbor if the
neighbor did not complain to the Police Department about
the minor’s presence;
(7) Attending an official school, religious or other
recreational activity supervised by adults and sponsored by
the City, a civic organization or another similar entity that
takes responsibility for the minor, or going to or returning
home from, without any detour or stop, an official school,
religious or other recreational activity supervised by adults
and sponsored by the City, a civic organization or other
similar entity that takes responsibility for the minor;

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CHAPTER 46 MINORS
(8) Exercising First Amendment rights protected by the

United States Constitution, such as the free exercise of
religion, freedom of speech and the right of assembly; or
(9) Married or previously married or if said minor had
disabilities of minority removed in accordance with
Section 599 of the Code of Iowa.
B. It is a defense to prosecution under subsection 3(C) of this
section that the owner, operator or employee of an establishment
promptly notified the Police Department that a minor was present
on the premises of the establishment during curfew hours and
refused to leave.
5. Enforcement.
A. Before taking any enforcement action under this section, a
police officer shall ask the apparent offender’s age and reason for
being in the public place. In the absence of convincing evidence
such as a birth certificate or driver’s license, a police officer on
the street shall, in the first instance, use his or her best judgment
in determining age. The officer shall not issue a citation or take a
minor into custody under this section unless the officer
reasonably believes that an offense has occurred and that, based
on the minor’s response and other circumstances, no defense in
subsection 4 of this section is present.
B. A peace officer may take a minor into custody for violation
of this section pursuant to Section 232.19 of the Code of Iowa for
the limited purpose of detaining the minor until he or she can be
reunited with the minor’s family or guardian or other responsible
adult or if the peace officer has probable cause to believe that the
minor has committed a delinquent act which if committed by an
adult would constitute a public offense. A peace officer who
takes a minor into custody shall not place bodily restraints such as
handcuffs on the minor unless the minor physically resists or
threatens physical violence when being taken into custody. A
minor shall not be placed in detention following a curfew
violation.
C. After a minor is taken into custody, the peace officer shall
notify the adult responsible for the minor as soon as possible.
The minor shall be released to the adult responsible for the minor
upon the promise of such person to produce the child in court at
such time as the court may direct.

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CHAPTER 46 MINORS
D. If a peace officer determines that a minor does not have

adult supervision because the peace officer cannot locate the
minor’s parent, guardian or other person legally responsible for
the care of the minor within a reasonable time, the peace officer
shall attempt to place the minor with an adult relative of the
minor, an adult person who cares for the minor or another adult
person who is known to the minor.
6. Penalties.
A. Responsible Adult’s First Violation - Warning. In the case
of a first violation by a minor, the Police Chief or designee of the
Police Chief shall, by certified mail or personal service, deliver to
the adult responsible for the minor written notice of the violation
with a warning that any subsequent violation will result in full
enforcement of the curfew ordinance against both the responsible
adult and minor, with applicable penalties.
B. Responsible Adult’s Second Violation - Municipal
Infraction. Any responsible adult as defined in this section who,
following receipt of a warning, knowingly allows the minor to
violate any of the provisions of this section shall be guilty of a
municipal infraction as set forth in Chapter 4 of this Code of
Ordinances and upon conviction shall be punished by a fine as
established in Chapter 4.
C. Minor’s First Violation - Warning. In the case of a first
violation by a minor, the peace officer shall give the minor a
written warning, which states that any subsequent violation will
result in full enforcement of the curfew ordinance against the
responsible adult and the minor, with applicable penalties.
D. Minor’s Second Violation - Municipal Infraction. For the
minor’s second and subsequent violations of any of the provisions
of this section, the minor shall be guilty of a municipal infraction
as set forth in Chapter 4 of this Code of Ordinances and upon
conviction shall be punished by a fine as established in Chapter 4.
46.02 CIGARETTES AND TOBACCO. It is unlawful for any person

under eighteen (18) years of age to smoke, use, possess, purchase or attempt to
purchase any tobacco, tobacco products or cigarettes. Possession of cigarettes
or tobacco products by a person under eighteen years of age shall not constitute
a violation of this section if said person possesses the cigarettes or tobacco
products as part of the person’s employment and said person is employed by a

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CHAPTER 46 MINORS
person who holds a valid permit under Chapter 453A of the Code of Iowa and
lawfully offers for sale or sells cigarettes or tobacco products.
46.03 CONTRIBUTING TO DELINQUENCY. It is unlawful for any per-

son to encourage any child under eighteen (18) years of age to commit any act
of delinquency.

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CHAPTER 47
PARK REGULATIONS
47.01 Purpose 47.05 Littering
47.02 Parking 47.06 Parks Closed
47.03 Use of Drives Required 47.07 Camping
47.04 Fires 47.08 Animal Droppings
47.09 Use of Alcoholic Beverages in Perry Municipal Parks
47.01 PURPOSE. The purpose of this chapter is to facilitate the enjoyment

of park facilities by the general public by establishing rules and regulations
governing the use of park facilities.
47.02 PARKING. All vehicles shall be parked in designated parking areas,

and no vehicles shall be left unattended on any park drive, road or street, except
in the case of an emergency.
47.03 USE OF DRIVES REQUIRED. No person shall drive any car, cycle
or other vehicle, or ride or lead any horse, in any portion of a park except upon
the established drives or roadways therein or such other places as may be
officially designated by the City.
47.04 FIRES. No fires shall be built, except in a place provided therefor, and
such fire shall be extinguished before leaving the area unless it is to be
immediately used by some other party.
47.05 LITTERING. No person shall place, deposit, or throw any waste,

refuse, litter or foreign substance in any area or receptacle except those
provided for that purpose.
47.06 PARKS CLOSED. No person, except those camping in designated

areas, shall enter or remain within any park between the hours of eleven o’clock
(11:00) p.m. and seven o’clock (7:00) a.m. unless authorized by the Parks and
Recreation Advisory Commission.
47.07 CAMPING.
1. Camping Areas. No person shall camp in any portion of a park
except in portions prescribed or designated by the Parks and Recreation
Advisory Commission.

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CHAPTER 47 PARK REGULATIONS
2. Fees. The Parks and Recreation Advisory Commission may

establish such fees for camping and other special privileges as it deems
appropriate and reasonable.
3. Registration. Any person who camps in any park shall register
his or her name and address with the Police Chief.
4. Camping Refused. The City may refuse camping privileges or
rescind any and all camping permits for cause.
5. Camping Limit. No person shall camp in any park for a period of
time in excess of seven (7) days.
47.08 ANIMAL DROPPINGS. It is prohibited for any or all domestic

animals to excrete urine or fecal matter in any park and/or facility in a park. If
droppings do occur, the owner is required to remove such excrement at the time
of occurrence.
47.09 USE OF ALCOHOLIC BEVERAGES IN PERRY MUNICIPAL

PARKS. The use of alcohol in municipal parks within the City of Perry will be
limited to beer (only in cans) and wines by permit only. No alcoholic liquors
will be permitted.
1. No beer or wine will be allowed without a permit to be issued by
the Perry Parks and Recreation Department.
2. Permit fees will be set by resolution as recommended by the Perry
Parks and Recreation Department.
3. No beer or wine will be allowed anywhere in the park where there
is a school function taking place in that particular area of the park.
4. No beer or wine will be allowed in immediate area of organized
activities involving minors, i.e. Little League.
5. These rules are applicable to Parks and Recreation Department
sponsored events.
6. Violators of these rules will be dealt with by the Perry Police
Department under the Municipal Infraction section of the code.
7. The Perry Police Department will be issued a copy of the permit
issued by the Perry Parks and Recreation Department to better allow for
enforcement of this section.
8. The proposed fines include: warning for the first offense, $50.00
for the second offense, $100.00 for the third offense, and $200.00 for the
fourth offense.
(Ord. 879 – Mar. 09 Supp.)

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CHAPTER 48
DRUG PARAPHERNALIA
48.01 Purpose 48.05 Possession of Drug Paraphernalia
48.02 Controlled Substance Defined 48.06 Manufacture, Delivery or Offering For Sale
48.03 Drug Paraphernalia Defined 48.07 Advertisement of Drug Paraphernalia
48.04 Determining Factors 48.08 Penalties
48.01 PURPOSE. The purpose of this chapter is to prohibit the use,

possession with intent to use, manufacture and delivery of drug paraphernalia
as defined herein.
48.02 CONTROLLED SUBSTANCE DEFINED. The term “controlled

substance” as used in this chapter is defined as the term “controlled substance”
is defined in the Uniform Controlled Substance Act, Chapter 124 of the Code of
Iowa, as it now exists or is hereafter amended.
48.03 DRUG PARAPHERNALIA DEFINED. The term “drug

paraphernalia” as used in this chapter means all equipment, products and
materials of any kind which are used, intended for use, or designed for use, in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, concealing, containing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance
in violation of the Uniform Controlled Substances Act, Chapter 124 of the
Code of Iowa. It includes, but is not limited to:
1. Growing Kits. Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a controlled
substance can be derived.
2. Processing Kits. Kits used, intended for use, or designed for use
in manufacturing, compounding, converting, producing, processing, or
preparing controlled substances.
3. Isomerization Devices. Isomerization devices used, intended for
use, or designed for use in increasing the potency of any species of plant
which is a controlled substance.
4. Testing Equipment. Testing equipment used, intended for use, or
designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.

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CHAPTER 48 DRUG PARAPHERNALIA
5. Scales. Scales and balances used, intended for use, or designed

for use in weighing or measuring controlled substances.
6. Diluents. Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose or lactose, used, intended for use, or
designed for use in cutting controlled substances.
7. Separators - Sifters. Separation gins and sifters used, intended for
use, or designed for use in removing twigs and seeds from, or in
otherwise cleaning or refining marijuana.
8. Mixing Devices. Blenders, bowls, containers, spoons and mixing
devices used, intended for use, or designed for use in compounding
controlled substances.
9. Containers. Capsules, balloons, envelopes and other containers
used, intended for use, or designed for use in packaging small quantities
of controlled substances.
10. Storage Containers. Containers and other objects used, intended
for use, or designed for use in storing or concealing controlled
substances.
11. Injecting Devices. Hypodermic syringes, needles and other
objects used, intended for use, or designed for use in parenterally
injecting controlled substances into the human body.
12. Ingesting-Inhaling Device. Objects used, intended for use, or
designed for use in ingesting, inhaling, or otherwise introducing heroin,
marijuana, cocaine, hashish, or hashish oil into the human body, such as:
A. Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads,
or punctured metal bowls;
B. Water pipes;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. Roach clips, meaning objects used to hold burning
materials, such as a marijuana cigarette that has become too small
or too short to be held in the hand;
F. Miniature cocaine spoons and cocaine vials;
G. Chamber pipes;
H. Carburetor pipes;
I. Electric pipes;

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J. Air driven pipes;

K. Chillums;
L. Bongs;
M. Ice pipes or chillers.
48.04 DETERMINING FACTORS. In determining whether an object is

drug paraphernalia for the purpose of enforcing this chapter, the following
factors should be considered in addition to all other logically relevant factors:
1. Statements. Statements by an owner or by anyone in control of
the object concerning its use.
2. Prior Convictions. Prior convictions, if any, of an owner, or of
anyone in control of the object under any State or federal law relating to
any controlled substance.
3. Proximity To Violation. The proximity of the object, in time and
space, to a direct violation of the Uniform Controlled Substance Act,
Chapter 124 of the Code of Iowa.
4. Proximity To Substances. The proximity of the object to
controlled substances.
5. Residue. The existence of any residue of controlled substances
on the object.
6. Evidence of Intent. Direct or circumstantial evidence of the intent
of an owner or of anyone in control of the object, to deliver it to persons
whom he or she knows, or should reasonably know, intend to use the
object to facilitate a violation of the Uniform Controlled Substances Act,
7. Innocence of an Owner. The innocence of an owner, or of
anyone in control of the object, as to a direct violation of the Uniform
Controlled Substances Act, Chapter 124 of the Code of Iowa, should not
prevent a finding that the object is intended for use, or designed for use
as drug paraphernalia.
8. Instructions. Instructions, oral or written, provided with the
object concerning its use.
9. Descriptive Materials. Descriptive materials accompanying the
object which explain or depict its use.
10. Advertising. National and local advertising concerning its use.
11. Displayed. The manner in which the object is displayed for sale.

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12. Licensed Distributor or Dealer. Whether the owner, or anyone in

control of the object, is a legitimate supplier of like or related items to
the community, such as a licensed distributor or dealer of tobacco
products.
13. Sales Ratios. Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business enterprise.
14. Legitimate Uses. The existence and scope of legitimate uses for
the object in the community.
15. Expert Testimony. Expert testimony concerning its use.
48.05 POSSESSION OF DRUG PARAPHERNALIA. It is unlawful for

any person to use, or to possess with intent to use, drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal, inject,
ingest, inhale, or otherwise introduce into the human body a controlled
substance in violation of the Uniform Controlled Substance Act, Chapter 124 of
the Code of Iowa.
48.06 MANUFACTURE, DELIVERY OR OFFERING FOR SALE. It is

unlawful for any person to deliver, possess with intent to deliver, manufacture
with intent to deliver, or offer for sale drug paraphernalia, intending that the
drug paraphernalia will be used, or knowing, or under circumstances where one
reasonably should know that it will be used, or knowing that it is designed for
use to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce into the human body a
controlled substance in violation of the Uniform Controlled Substances Act,
48.07 ADVERTISEMENT OF DRUG PARAPHERNALIA. It is unlawful

for any person to place any advertisement in any newspaper, magazine, handbill
or other publication, knowing or under circumstances where one reasonably
should know that the purpose of the advertisement, in whole or in part, is to
promote the sale of objects designed or intended for use as drug paraphernalia.
48.08 PENALTIES. Any person violating any provision of this chapter shall
be guilty of a simple misdemeanor or a municipal infraction. Each day a
violation occurs may constitute a separate offense.

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CHAPTER 50
NUISANCE ABATEMENT PROCEDURE

50.01 Definition of Nuisance 50.08 Abatement in Emergency
50.02 Nuisances Enumerated 50.09 Abatement by City
50.03 Other Conditions 50.10 Collection of Costs
50.04 Nuisances Prohibited 50.11 Installment Payment of Cost of Abatement
50.05 Nuisance Abatement 50.12 Failure to Abate
50.06 Notice to Abate: Contents 50.13 Hearing
50.07 Method of Service
50.01 DEFINITION OF NUISANCE. Whatever is injurious to health,

indecent, or unreasonably offensive to the senses, or an obstruction to the free
use of property so as essentially to interfere unreasonably with the comfortable
enjoyment of life or property is a nuisance.
50.02 NUISANCES ENUMERATED. The following subsections include,

but do not limit, the conditions which are deemed to be nuisances in the City:
1. Offensive Smells. Erecting, continuing or using any building or
other place for the exercise of any trade, employment or manufacture,
which, by occasioning noxious exhalations, unreasonably offensive
smells, or other annoyances, becomes injurious and dangerous to the
health, comfort or property of individuals or the public.
2. Filth or Noisome Substance. Causing or suffering any offal, filth
or noisome substance to be collected or to remain in any place to the
prejudice of others.
3. Impeding Passage of Navigable River. Obstructing or impeding
without legal authority the passage of any navigable river, harbor or
collection of water.
4. Water Pollution. Corrupting or rendering unwholesome or
impure the water of any river, stream or pond, or unlawfully diverting
the same from its natural course or state, to the injury or prejudice of
others.
5. Blocking Public and Private Ways. Obstructing or encumbering,
by fences, buildings or otherwise, the public roads, private ways, streets,
alleys, commons, landing places or burying grounds.
6. Billboards. Billboards, signboards and advertising signs, whether
erected and constructed on public or private property, which so obstruct

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CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
and impair the view of any portion or part of a public street, avenue,
highway, boulevard or alley or of a railroad or street railway track as to
render dangerous the use thereof. (See also Section 62.09)
7. Storing of Flammable Junk. Depositing or storing of flammable
junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers
in such articles within the fire limits of the City, unless in a building of
fireproof construction. (See also Chapter 51)
8. Air Pollution. Emission of dense smoke, noxious fumes or fly
ash.
9. Weeds, Brush. Dense growth of all weeds, vines, brush or other
vegetation in the City so as to constitute a health, safety or fire hazard.
(See also Chapter 52)
10. Dutch Elm Disease. Trees infected with Dutch Elm Disease.
(See also Chapter 151)
11. Airport Air Space. Any object or structure hereafter erected
within one thousand (1,000) feet of the limits of any municipal or
regularly established airport or landing place, which may endanger or
obstruct aerial navigation including take-off and landing, unless such
object or structure constitutes a proper use or enjoyment of the land on
which the same is located.
12. Houses of Ill Fame. Houses of ill fame, kept for the purpose of
prostitution and lewdness; gambling houses; places resorted to by
persons participating in criminal gang activity prohibited by Chapter
723A of the Code of Iowa or places resorted to by persons using
controlled substances, as defined in Section 124.101 of the Code of
Iowa, in violation of law, or houses where drunkenness, quarreling,
fighting or breaches of the peace are carried on or permitted to the
disturbance of others.
50.03 OTHER CONDITIONS. The following chapters of this Code of

Ordinances contain regulations prohibiting or restricting other conditions which
are deemed to be nuisances:
1. Junk and Junk Vehicles (See Chapter 51)
2. Grass and Weeds (See Chapter 52)
3. Junk Yards (See Chapter 124)
4. Dangerous Buildings (See Chapter 145)
5. Storage and Disposal of Solid Waste (See Chapter 105)
6. Trees (See Chapter 151)

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7. Building Numbering (See Chapter 150)

8. Sanitary Sewer System (See Chapters 95 through 99)
9. Water Well Protection (See Chapter 147)
50.04 NUISANCES PROHIBITED. The creation or maintenance of a

nuisance is prohibited, and a nuisance, public or private, may be abated in the
manner provided for in this chapter or State law.
50.05 NUISANCE ABATEMENT. Whenever the Compliance Officer finds

that a nuisance exists, such officer has the authority to determine on a case-by-
case basis whether to utilize the nuisance abatement procedure or to issue a
citation to the person for violation of this Code of Ordinances.
(Code of Iowa, Sec. 364.12[3h])
50.06 NOTICE TO ABATE † : CONTENTS. The notice to abate shall

contain:
1. Description of Nuisance. A description of what constitutes the
nuisance or other condition.
2. Location of Nuisance. The location of the nuisance or other
condition.
3. Acts Necessary to Abate. A statement of the act or acts necessary
to abate the nuisance or other condition.
4. Reasonable Time. A reasonable time within which to complete
the abatement.
5. Assessment of City Costs or Citation. A statement that if the
nuisance or condition is not abated as directed by the time specified in
said notice, that (a) the City will abate said nuisance or condition and
assess the costs against such person, or (b) said failure to correct will be
considered a municipal infraction under Chapter 4 of this Code of
Ordinances; that a citation will be issued by the City Compliance Officer
pursuant to such chapter; that upon hearing, the Judicial Magistrate may
†
EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the
appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement
procedure, particularly where cost of abatement is more than minimal or where there is doubt as to
whether or not a nuisance does in fact exist. If compliance is not secured following notice and
hearings, we recommend you review the situation with your attorney before proceeding with abatement
and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the
Code of Iowa rather than this procedure.

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impose a fine, order the nuisance abated and assess the costs of
abatement against the person maintaining the nuisance or the property
upon which the nuisance if maintained.
50.07 METHOD OF SERVICE. Notice to abate said nuisance may be

served in the manner of serving an Original Notice or sent by certified mail to
the property owner.
50.08 ABATEMENT IN EMERGENCY. If it is determined that an

emergency exists by reason of the continuing maintenance of the nuisance or
condition, the City may perform any action which may be required to abate said
nuisance without prior notice. The City shall assess the costs as provided in
Section 50.10 after notice to the property owner under the applicable provisions
of this chapter and hearing before the City Compliance Officer.
50.09 ABATEMENT BY CITY. If the person notified to abate a nuisance

or condition neglects or fails to abate as directed, the City may perform the
required action to abate, keeping an accurate account of the expense incurred.
The itemized expense account shall be filed with the Clerk who shall pay such
expenses on behalf of the City.
50.10 COLLECTION OF COSTS. The Clerk shall send a statement of the

total expense incurred by certified mail to the property owner who has failed to
abide by the notice to abate, and if the amount shown by the statement has not
been paid within one (1) month, the Clerk shall certify the costs to the County
Treasurer and such costs shall then be collected with, and in the same manner,
as general property taxes.
50.11 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the

amount expended to abate the nuisance or condition exceeds one hundred
dollars ($100.00), the City may permit the assessment to be paid in up to ten
(10) annual installments, to be paid in the same manner and with the same
interest rates provided for assessments against benefited property under State
law.

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50.12 FAILURE TO ABATE. Any person causing or maintaining a

nuisance who shall fail or refuse to abate or remove the same within the
reasonable time required and specified in the notice to abate is in violation of
this Code of Ordinances.
50.13 HEARING. Any person ordered to abate a nuisance may have a

hearing with the Council to determine whether a nuisance exists. A request for
a hearing must be made in writing and delivered to the City Clerk within ten
(10) days of receiving the Notice to Abate. If a request for hearing is not
received within ten (10) days, it will be conclusively presumed that the
nuisance exists and it must be abated as ordered. The hearing will be before the
Council at a time and place fixed by the Council. The findings of the Council
shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated
within a reasonable time set by Council under the circumstances.
(Ord. 853 – Mar. 07 Supp.)

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°°°°°°°°°°

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CHAPTER 51
JUNK AND JUNK VEHICLES

51.01 Definitions 51.04 Exceptions
51.02 Junk and Junk Vehicles Prohibited 51.05 Notice to Abate
51.03 Junk and Junk Vehicles a Nuisance
defined:
1. “Junk” means all old or scrap copper, brass, lead, or any other
non-ferrous metal; old or discarded rope, rags, batteries, paper, trash,
rubber, debris, waste or used lumber, or salvaged wood; dismantled
vehicles, machinery and appliances or parts of such vehicles, machinery
or appliances; iron, steel or other old or scrap ferrous materials; old or
discarded glass, tinware, plastic or old or discarded household goods or
hardware. Neatly stacked firewood located on a side yard or a rear yard
is not considered junk.
2. “Junk motor vehicle” means any motor vehicle stored outside or
parked within the corporate limits of the City, whether on public or
private property, and whether currently licensed or not, which because of
any one or more of the following characteristics constitutes a threat to
the public health, welfare, and/or safety:
A. Broken Glass. Any vehicle with a broken, shattered or
missing windshield, window, or any other cracked or broken,
shattered or missing glass.
B. Broken, Loose or Missing Part. Any vehicle with a
broken, loose or missing fender, door, hood, steering wheel or
trunk lid.
C. Habitat for Nuisance Animals or Insects. Any vehicle
which has become or threatens to become the habitat of rats,
mice, snakes, vermin, insects or other wild or domestic animals.
D. Inoperable. Any vehicle which is rendered inoperable by
the lack of one or more wheels (exclusive of the “spare”), or the
lack of an engine, transmission, differential, drive shaft, axle or
any component part thereof, which by its absence or removal
makes the vehicle or machine inoperable by its own power, or

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CHAPTER 51 JUNK AND JUNK VEHICLES
because of its inoperable condition has not been used as an

operating vehicle for a period of thirty (30) days or more.
E. Defective Condition. Any other vehicle which, because of
its defective condition, in any way constitutes a threat to the
public health or safety.
(Ord. 854 – Mar. 07 Supp.)
3. “Vehicle” means every device in, upon, or by which a person or
property is or may be transported or drawn upon a highway or street,
excepting devices moved by human power or used exclusively upon
stationary rails or tracks, and includes without limitation a motor vehicle,
automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery,
or any combination thereof.
51.02 JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for

any person to store, accumulate, or allow to remain on any private property
within the corporate limits of the City any junk or junk vehicle.
51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby

declared that any junk or junk vehicle located upon private property, unless
excepted by Section 51.04, constitutes a threat to the health and safety of the
citizens and is a nuisance within the meaning of Section 657.1 of the Code of
Iowa. If any junk or junk vehicle is kept upon private property in violation
hereof, the owner of or person occupying the property upon which it is located
shall be prima facie liable for said violation.
51.04 EXCEPTIONS. The provisions of this chapter do not apply to any

junk or a junk vehicle stored within:
1. Structure. A garage or other enclosed structure; or
2. Salvage Yard. An auto salvage yard or junk yard lawfully
operated within the City.
51.05 NOTICE TO ABATE. Upon discovery of any junk or junk vehicle

located upon private property in violation of Section 51.03, the City shall
initiate abatement procedures as outlined in Chapter 50 of this Code of
Ordinances.

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CHAPTER 52
GRASS AND WEEDS

52.01 Purpose 52.04 Uniform Height Specifications
52.02 Definitions 52.05 Noxious Weeds
52.03 Cutting Specifications and Standards of Practice 52.06 Notice to Abate
52.01 PURPOSE. The purpose of this chapter is to beautify and preserve the
appearance of the City by requiring property owners and occupants to maintain
grass lawns at a uniform height within the boundaries of their property and on
abutting street right-of-way in order to prevent unsightly, offensive or nuisance
conditions.
defined:
1. “Curb,” “curb line” or “curbing” means the outer boundaries of a
street at the edge of that portion of the street usually traveled by
vehicular traffic.
2. “Cut,” or “mow” means to mechanically maintain the growth of
grass, weeds or brush at a uniform height.
3. “Owner” means a person owning private property in the City and
any person occupying private property in the City.
4. “Parking” means that part of a street in the City not covered by a
sidewalk and lying between the lot line or property line and the curb
line; or on unpaved streets, that part of the street lying between the lot
line or property line and that portion of the street usually traveled by
vehicular traffic.
52.03 CUTTING SPECIFICATIONS AND STANDARDS OF PRACTICE.

1. Every owner shall cut, mow and maintain all grass, weeds and
brush upon the owner’s property and adjacent to the curb line or outer
boundary of any street, which includes the parking area abutting the
owner’s property, to a uniform height as defined in Section 52.04.
2. Every owner shall cut, mow and maintain grass, weeds and brush
adjacent to the curb line, including the parking area abutting the owner’s
property, in such a manner so as to be in conformity with and at an even
height with all other grass, weeds or brush growing on the remainder of
the owner’s property.

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CHAPTER 52 GRASS AND WEEDS
52.04 UNIFORM HEIGHT SPECIFICATIONS. Grass, weeds or brush

shall be cut, mowed and maintained so as not to exceed the following height
specifications:
1. Developed Residential Areas — not to exceed six inches (6").
2. Undeveloped Residential Areas — not to exceed eight inches
(8").
3. Business and Industrial Areas — not to exceed six inches (6").
4. Agriculture Areas — not to exceed fifteen inches (15").
Grass, weeds and brush which are allowed to grow in excess of the above
specified limitations are deemed to be violations of this chapter.
52.05 NOXIOUS WEEDS.

1. Every owner shall cut and control noxious weeds upon the
owner’s property and adjacent to the curb line or outer boundary of any
street, which includes the parking area abutting the owner’s property, by
cutting noxious weeds to ground level or use of herbicides to eliminate
or eradicate such weeds.
2. Noxious weeds include any weed growth or plant designed as
noxious by the State Department of Natural Resources rules and
regulations or by the Code of Iowa.
52.06 NOTICE TO ABATE. Upon discovery of any violations of this

chapter, the City may within five (5) days initiate abatement procedures as
outlined in Chapter 50 of this Code of Ordinances.

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CHAPTER 55
ANIMAL PROTECTION AND CONTROL

55.01 Definitions 55.08 Annoyance or Disturbance
55.02 Animal Neglect 55.09 Rabies Vaccination
55.03 Livestock Neglect 55.10 Owner’s Duty
55.04 Abandonment of Cats and Dogs 55.11 Confinement
55.05 Livestock 55.12 At Large: Impoundment
55.06 At Large Prohibited 55.13 Disposition of Animals
55.07 Damage or Interference 55.14 Impounding Costs
55.15 Pet Awards Prohibited
55.01 DEFINITIONS. The following terms are defined for use in this chapter.
1. “Animal” means a nonhuman vertebrate.
2. “At large” means off the premises of the owner and not under the
control of a competent person, restrained within a motor vehicle, or
housed in a veterinary hospital or kennel.
3. “Livestock” means an animal belonging to the bovine, caprine,
equine, ovine or porcine species; farm deer, as defined in Section 481A.1
of the Code of Iowa; ostriches, rheas, emus or poultry.
4. “Owner” means any person owning, keeping, sheltering or
harboring an animal.
55.02 ANIMAL NEGLECT. It is unlawful for a person who impounds or

confines, in any place, an animal, excluding livestock, to fail to supply the
animal during confinement with a sufficient quantity of food or water, or to fail
to provide a confined dog or cat with adequate shelter, or to torture, deprive of
necessary sustenance, mutilate, beat, or kill such animal by any means which
causes unjustified pain, distress or suffering.
55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds

or confines livestock in any place to fail to provide the livestock with care
consistent with customary animal husbandry practices or to deprive the
livestock of necessary sustenance or to injure or destroy livestock by any means
which causes pain or suffering in a manner inconsistent with customary animal
husbandry practices.

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CHAPTER 55 ANIMAL PROTECTION AND CONTROL
55.04 ABANDONMENT OF CATS AND DOGS. A person who has

ownership or custody of a cat or dog shall not abandon the cat or dog, except
the person may deliver the cat or dog to another person who will accept
ownership and custody or the person may deliver the cat or dog to an animal
shelter or pound.
55.05 LIVESTOCK. It is unlawful for a person to keep livestock within the

City except by written consent of the Council or except in compliance with the
City’s zoning regulations.
55.06 AT LARGE PROHIBITED. It is unlawful for any owner to allow an

animal to run at large within the corporate limits of the City.
55.07 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an

animal to allow or permit such animal to pass upon the premises of another
thereby causing damage to, or interference with, the premises.
55.08 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of

a dog to allow or permit such dog to cause serious annoyance or disturbance to
any person or persons by frequent and habitual howling, yelping, barking, or
otherwise; or, by running after or chasing persons, bicycles, automobiles or
other vehicles.
55.09 RABIES VACCINATION. Every owner of a dog shall obtain a

rabies vaccination for such animal. It is unlawful for any person to own or have
a dog in said person’s possession, six months of age or over, which has not
been vaccinated against rabies. Dogs kept in kennels and not allowed to run at
large are not subject to these vaccination requirements.
55.10 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other
animal which has bitten or attacked a person or any person having knowledge
of such bite or attack to report this act to a local health or law enforcement
official. It is the duty of physicians and veterinarians to report to the local
board of health the existence of any animal known or suspected to be suffering
from rabies.
55.11 CONFINEMENT. When a local board of health receives information

that any person has been bitten by an animal or that a dog or animal is
suspected of having rabies, it shall order the owner to confine such animal in
the manner it directs. If the owner fails to confine such animal in the manner
directed, the animal shall be apprehended and impounded by such board, and

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after two weeks the board may humanely destroy the animal. If such animal is
returned to its owner, the owner shall pay the cost of impoundment.
55.12 AT LARGE: IMPOUNDMENT. Animals found at large in violation

of this chapter shall be seized and impounded, or at the discretion of the peace
officer, the owner may be served a summons to appear before a proper court to
answer charges made thereunder.
55.13 DISPOSITION OF ANIMALS. When an animal has been

apprehended and impounded, written notice shall be given in not less than two
days to the owner, if known. Impounded animals may be recovered by the
owner upon payment of impounding costs, and if an unvaccinated dog, by
having it immediately vaccinated. If the owner does not redeem the animal
within seven days of the date of notice, or if the owner cannot be located within
seven days, the animal may be humanely destroyed or otherwise disposed of in
accordance with law.
(Code of Iowa, Sec. 351.37, 351.41)
55.14 IMPOUNDING COSTS. Impounding costs are established by

55.15 PET AWARDS PROHIBITED.

(Code of Iowa, Ch. 717.E)
1. Definitions. As used in this section, the following terms are
defined:
A. “Advertise” means to present a commercial message in any
medium including but not limited to print, radio, television, sign,
display, label, tag or articulation.
B. “Business” means any enterprise relating to any of the
following:
(1) The sale or offer for sale of goods or services.
(2) A recruitment for employment or membership in an
organization.
(3) A solicitation to make an investment.
(4) An amusement or entertainment activity.
C. “Fair” means any of the following:

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(1) The annual fair and exposition held by the Iowa

State Fair Board pursuant to Chapter 173 of the Code of
Iowa or any fair event conducted by a fair under the
(2) An exhibition of agricultural or manufactured
products.
(3) An event for operation of amusement rides or
devices or concession booths.
D. “Game” means a “game of chance” or “game of skill” as
defined in Section 99B.1 of the Code of Iowa.
E. “Pet” means a living dog, cat or an animal normally
maintained in a small tank or cage in or near a residence,
including but not limited to a rabbit, gerbil, hamster, mouse,
parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle,
gecko or iguana.
2. Prohibition. It is unlawful for any person to award a pet or
advertise that a pet may be awarded as any of the following:
A. A prize for participating in a game.
B. A prize for participating in a fair event.
C. An inducement or condition for visiting a place of business
or attending an event sponsored by a business.
D. An inducement or condition for executing a contract which
includes provisions unrelated to the ownership, care or disposition
of the pet.
3. Exceptions. This section does not apply to any of the following:
A. A pet shop licensed pursuant to Section 162.5 of the Code
of Iowa if the award of a pet is provided in connection with the
sale of a pet on the premises of the pet shop.
B. Youth programs associated with 4-H Clubs; Future
Farmers of America; the Izaak Walton League of America; or
organizations associated with outdoor recreation, hunting or
fishing, including but not limited to the Iowa Sportsmen’s
Federation.
(Ord. 824 – Oct. 04 Supp.)

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CHAPTER 56
DANGEROUS ANIMALS
56.01 Definition 56.04 Regulations for Keeping
56.02 Keeping of Dangerous Animals Prohibited 56.05 Escape – General Prohibition and Duty
56.03 Dangerous Animal Exceptions 56.06 Seizure, Impoundment and Disposition
56.01 DEFINITION. “Dangerous animal” means:

1. Any animal which is not naturally tame or gentle, and which is of
a wild nature or disposition, and which is capable of killing, inflicting
serious injury upon, or causing disease among, human beings or
domestic animals and having known tendencies as a species to do so;
2. Any animal declared to be dangerous by the Council;
3. The following animals, which are deemed to be dangerous
animals per se: lions, tigers, jaguars, leopards, cougars, lynx, cheetah
and bobcats; wolves, coyotes and foxes; badgers, wolverines, weasels,
skunks and ferrets; raccoons; bears; monkeys and chimpanzees;
alligators and crocodiles; scorpions; snakes that are venomous or
constrictors; gila monsters; and any cross breed of such animals which
have similar characteristics of the animals specified.
56.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No

person shall keep, shelter or harbor for any purpose within the City a dangerous
animal except as hereinafter provided.
56.03 DANGEROUS ANIMAL EXCEPTIONS. The prohibition contained

in Section 56.02 of this chapter does not apply to the keeping of dangerous
animals in the following circumstances:
1. The keeping of dangerous animals in a public zoo, public
aquarium, bona fide educational or medical institution, humane society
or museum where they are kept as live specimens for the public to view,
or for the purpose of instruction, research or study.
2. The keeping of dangerous animals for exhibition to the public by
a bona fide traveling circus, carnival, exhibit or show licensed to
perform in the City.
3. The keeping of dangerous animals in a bona fide, licensed
veterinary hospital for treatment.

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CHAPTER 56 DANGEROUS ANIMALS
4. The keeping of dangerous animals by a wildlife rescue

organization with appropriate permit from the Department of Natural
Resources.
5. Any dangerous animals under the jurisdiction of and in the
possession of the Department of Natural Resources, pursuant to Chapter
481A or 481B of the Code of Iowa.
6. Any guard or sentry dog properly contained as required by law.
56.04 REGULATIONS FOR KEEPING.

1. Every person keeping, sheltering, or harboring a dangerous
animal as permitted under Section 56.03 shall at all times keep such
animal securely confined within a cage or other enclosure approved by
the Police Chief.
2. No person owning, keeping, sheltering or harboring a dangerous
animal as permitted under Section 56.03 shall permit or allow such
animal to enter upon, be placed in, or traverse any public property, park
property, public right-of-way, public waterway or lagoon or public sewer
system, or business establishment licensed by the City, or the property of
another except when such animal is being transported while caged or
confined.
3. It is the duty of the persons permitted to keep dangerous animals
under Section 56.03 to report to the Police Department when any
dangerous animal is found missing.
4. No person shall keep or harbor a dangerous animal which has
demonstrated a propensity to attack or bite without provocation.
56.05 ESCAPE – GENERAL PROHIBITION AND DUTY. No person

shall aid or cause any dangerous animal, whether owned by such person or not,
to escape confinement or impoundment, whether such confinement or
impoundment is upon such person’s property or that of another, by opening any
gate, door or window or making any opening of any fence, enclosure or
structure or by unleashing or releasing such animal.
56.06 SEIZURE, IMPOUNDMENT AND DISPOSITION.

1. In the event that a dangerous animal is found at large and
unattended upon public property, park property, public right-of-way,
public waterway, lagoon or public sewer system, or the property of
someone other than its owner, thereby creating a hazard to persons or
property, such animal may, in the discretion of the Police Chief, be
destroyed if it cannot be confined or captured. The City shall be under

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no duty to attempt the confinement or capture of a dangerous animal

found at large, nor shall it have a duty to notify the owner of such animal
prior to its destruction.
2. Upon the complaint of any individual that a person is keeping,
sheltering or harboring a dangerous animal on a premises in the City in
violation of this chapter or that a person is keeping a dangerous animal
which has demonstrated a propensity to attack or bite without
provocation, the Police Chief shall cause the matter to be investigated
and if after investigation, the facts indicate that the person named in the
complaint is keeping, sheltering or harboring a dangerous animal in the
City, the Police Chief shall order the person named in the complaint to
safely remove such animal from the City, permanently place the animal
with an organization or group allowed under Section 56.03 of this
chapter to possess dangerous animals, or destroy the animal, within three
(3) days of the receipt of such an order. Such order shall be contained in
a notice to remove the dangerous animal, which notice shall be given in
writing to the person keeping, sheltering or harboring the dangerous
animal, and shall be served personally or by certified mail. Such order
and notice to remove the dangerous animal shall not be required where
such dangerous animal has previously caused serious physical harm or
death to any person, in which case the Police Chief shall cause the
animal to be immediately seized and impounded or killed if seizure and
impoundment are not possible without risk of serious physical harm or
death to any person.
3. The order to remove a dangerous animal issued by the Police
Chief may be appealed to the Council. In order to appeal such order,
written notice of appeal must be filed with the Clerk within three (3)
days after receipt of the order contained in the notice to remove the
dangerous animal. Failure to file such written notice of appeal shall
constitute a waiver of right to appeal the order.
4. The notice of appeal shall state the grounds for such appeal and
shall be delivered personally or by certified mail to the Clerk. The
hearing of such appeal shall be scheduled within seven (7) days of the
receipt of notice of appeal. The hearing may be continued for good
cause. After such hearing, the Council may affirm or reverse the order
of the Police Chief. Such determination shall be contained in a written
decision and shall be filed with the Clerk within three (3) days after the
hearing or any continued session thereof.
5. If the Council affirms the action of the Police Chief, the Council
shall order in its written decision that the person owning, sheltering,
harboring or keeping such dangerous animal remove such animal from

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the City, permanently place such animal with an organization or group

allowed under Section 56.03 to possess dangerous animals, or destroy it.
The decision and order shall immediately be served upon the person
against whom rendered in the same manner as the notice of removal. If
the original order of the Police Chief is not appealed and is not complied
with within three (3) days of the order of the Council after appeal has
been served, the Police Chief is authorized to seize and impound such
dangerous animal. An animal so seized shall be impounded for a period
of seven (7) days. If at the end of the impoundment period, the person
against whom the decision and order of the Police Chief or Council was
issued has not petitioned the Dallas County District Court for a review of
said order, the Police Chief shall cause the animal to be disposed of by
sale, permanently place such animal with an organization or group
allowed under Section 56.03 of this chapter to possess dangerous
animals or destroy such animal in a humane manner. All impoundment
fees shall be at the expense of the owner of the dangerous animal, which
fee shall be the actual cost of the feeding and care of the animal.

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CHAPTER 57
VICIOUS DOGS
57.01 Definition 57.04 Insurance
57.02 Keeping of Vicious Dogs 57.05 Violations and Penalties
57.03 Seizure, Impoundment and Disposition 57.06 Official K-9 Dog Units
57.01 DEFINITION. For the purpose of this chapter, a “vicious dog”

means:
1. Any dog with a known propensity, tendency or disposition to
attack, unprovoked, as evidenced by its habitual or repeated chasing,
snapping or barking at human beings or domestic animals so as to
potentially cause injury or to otherwise endanger their safety; or
2. A dog which has attacked or bitten any person or that acts in an
aggressive or threatening manner toward any person or when a
propensity to act aggressively or threateningly exists and such propensity
is known or should be known to the owner thereof; or
3. Any dog of that breed known variously as:
A. The Bull Terrier breed of dog;
B. The Staffordshire Bull Terrier breed of dog;
C. The American Pit Bull Terrier breed of dog;
D. The American Staffordshire Terrier breed of dog;
E. The Rottweiler breed of dog; (Ord. 775 – May 02 Supp.)
F. Any dog which has the appearance and characteristics of
being predominately of the breeds of Rottweilers, Bull Terrier,
Staffordshire Bull Terrier, American Pit Bull Terrier, American
Staffordshire Terrier, any other breed commonly known as pit
bulls, pit bull dogs or pit bull terriers, or a combination of any of
these breeds.
57.02 KEEPING OF VICIOUS DOGS. Notwithstanding any other

provisions of this chapter, no person owning, possessing, harboring or having
the care of a vicious dog shall permit such animal to go unconfined on or off
the premises of such person unless the following conditions are met:

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CHAPTER 57 VICIOUS DOGS
1. Confinement. All vicious dogs shall be securely enclosed in a

locked pen or kennel, except when leashed and muzzled as provided
hereinafter. Such locked pen or kennel must be constructed of metal
fencing material, which is strong enough to withstand any pressure
exerted by the confined dog or dogs. All fencing shall be of a type that
will not allow a dog to push through and all structures must be secured at
the sides and then be covered by a secured top attached to the sides. All
structures to confine dogs must be locked with a key or combination
padlock when such animals are within the structure. Said structure must
have a secure bottom or floor attached to the sides of the pen so that the
confined animal cannot burrow or dig beneath the sides. All structures
erected to house vicious dogs must comply with all zoning and building
regulations of the City. All such structures must be adequately lighted
and kept in a clean and sanitary manner.
2. Leash and Muzzle. No person shall permit a vicious dog to go
outside its kennel, pen or indoor confinement unless such dog is securely
leashed with a leash no longer than four (4) feet. All vicious dogs on a
leash outside the animal’s kennel, pen or indoor confinement must be
muzzled by a muzzling device sufficient to prevent the dog from biting
persons or other animals. No person shall permit a vicious dog to be
tethered on a chain, rope or other type of leash. Such dogs may not be
secured to inanimate objects such as trees, posts, buildings, etc.
3. No vicious dog may be kept on a porch, patio or in any part of a
house or structure that would allow the dog to exit such building on its
own volition. In addition, no such animal may be kept in a house or
structure when the windows are open or when screen windows or screen
doors are the only obstacles preventing the dog from exiting the
structure.
57.03 SEIZURE, IMPOUNDMENT AND DISPOSITION. Unconfined

vicious dogs shall be seized and impounded in accordance with the following:
1. The Police Chief, upon receipt of a complaint alleging that a dog
is a vicious dog as defined in this chapter and is unconfined, may
immediately take said dog into custody or impoundment using such
means that will protect the general public, the police officer and the dog.
2. Upon receipt of said complaint, a criminal complaint shall be filed
by the Police Department against the person owning, keeping, sheltering,
harboring or otherwise maintaining the dog in question. Said notice shall
set forth a description of the dog and the basis for the allegation of being
unconfined and vicious. The complaint shall be served upon any adult

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residing at the premises where in the animal was located or may be posted
on those premises if no adult is present to accept service.
3. Any dog found at large which displays vicious tendencies may be
handled as a vicious dog pursuant to the foregoing, unless the animal is
so vicious that it cannot safely be apprehended, in which case the Police
Chief may immediately destroy the dog, or unless its ownership is not
ascertainable, in which case it may be destroyed after seven (7) days’
impoundment.
4. Any dog which is alleged to be vicious and which is under
impoundment or quarantine shall not be released to the owner, but shall
continue to be held at the expense of the owner, pending the outcome of
any court proceeding. All costs of such impoundment or quarantine
shall be paid by the owner of the animal if determined to be vicious. If
the dog is not determined to be vicious, all costs of such impoundment
or quarantine shall be paid by the City.
57.04 INSURANCE. The owner of any vicious dog must provide proof to
the City Administrator or City Clerk of public liability insurance in a single
accident amount of $50,000.00 for bodily injury to or death of any person or
persons or for damages to property owned by any such persons which may
result from the ownership, keeping or maintenance of such animal.
57.05 VIOLATIONS AND PENALTIES. Any persons violating or

permitting the violation of any provision of this chapter shall, upon conviction,
be guilty of a municipal infraction. The Magistrate may order the dog to be
removed from the City. Should the defendant refuse to remove the dog from
the City, the Magistrate may find the defendant in contempt and order the
immediate confiscation (impoundment) of the dog. In addition to the
foregoing, any person who violates this chapter shall pay all expenses,
including shelter, food, handling, veterinary care and testimony necessitated by
the enforcement of this chapter.
57.06 OFFICIAL K-9 DOG UNITS. Any official K-9 Dog units are
exempt from the provisions and penalties of this chapter while actively
employed by any and all law enforcement agencies.

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°°°°°°°°°°

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CHAPTER 58
REGISTRATION OF DOGS AND CATS

58.01 Purpose 58.04 Registration Fees
58.02 Annual Registration 58.05 Registration Tag
58.03 Requirements
58.01 PURPOSE. The purpose of registering and tagging pets is for

identification if the pet is lost, to prevent pets from being destroyed as stray and
for the safety of Perry citizens by using the registration process as a way of
tracking where the vicious animals in the community are located.
58.02 ANNUAL REGISTRATION. The owner of a dog or cat over six (6)
months of age shall register said dog or cat with the City Clerk or Finance
Officer prior to the first of September of each year. (Ord. 835 – May 06 Supp.)
58.03 REQUIREMENTS. The owner of a dog or cat for which registration

is required shall provide proof of current vaccination against rabies, a
description of the animal and such other information as the City Clerk requires.
58.04 REGISTRATION FEES. The registration fee for each dog or cat is
five dollars ($5.00). If the animal is not spayed or neutered, the registration fee
for each dog or cat is twenty dollars ($20.00). There is a five dollar ($5.00) per
animal late fee for animals not registered by the first of August each year.
58.05 REGISTRATION TAG. Upon registration of a dog or cat and receipt

of the fee, the City Clerk shall deliver or mail to the owner of said dog or cat a
registration tag which will be work by the dog or cat at all times.
(Ch. 58 – Ord. 793 – Jul. 03 Supp.)

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CHAPTER 58 REGISTRATION OF DOGS AND CATS

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CHAPTER 60
ADMINISTRATION OF TRAFFIC CODE

60.01 Title 60.05 Traffic Accidents: Reports
60.02 Definitions 60.06 Peace Officer’s Authority
60.03 Administration and Enforcement 60.07 Obedience to Peace Officers
60.04 Power to Direct Traffic 60.08 Parades Regulated
60.01 TITLE. Chapters 60 through 70 of this Code of Ordinances may be

known and cited as the “Perry Traffic Code.”
60.02 DEFINITIONS. Where words and phrases used in the Traffic Code
are defined by State law, such definitions apply to their use in said Traffic Code
and are adopted by reference. Those definitions so adopted that need further
definition or are reiterated, and other words and phrases used herein, have the
following meanings:
1. “Business District” means the territory located within the area
zoned BC by the Zoning Ordinance of the City. The BC (Central
Business Commercial District) is bordered on the west by First Street, on
the north by Bateman Street, on the east by Third Street and on the south
by Otley Avenue. The entire block between Willis Avenue and Otley
Avenue, between Third Street and Fourth Street, as well as the west half
of the block between Willis Avenue and Warford Street, Third Street
and Fourth Street is also included in the BC District.
2. “Park” or “parking” means the standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading merchandise or passengers.
“Parking” also means that part of the street, avenue or highway in the
City not covered by sidewalk and lying between the lot line and the curb
line; or, on unpaved streets, that part of the street, avenue or highway
lying between the lot line and that portion of the street usually traveled
by vehicular traffic.
3. “Peace officer” means every officer authorized to direct or
regulate traffic or to make arrests for violations of traffic regulations.

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CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
4. “Residence district” means the territory contiguous to and

including a highway not comprising a business, suburban or school
district, where forty percent (40%) or more of the frontage on such a
highway for a distance of three hundred (300) feet or more is occupied
by dwellings or by dwellings and buildings in use for business.
5. “School district” means the territory contiguous to and including
a highway for a distance of two hundred (200) feet in either direction
from a school house.
6. “Stand” or “standing” means the halting of a vehicle, whether
occupied or not, otherwise than for the purpose of and while actually
engaged in receiving or discharging passengers.
7. “Stop” means when required, the complete cessation of
movement.
8. “Stop” or “stopping” means when prohibited, any halting of a
vehicle, even momentarily, whether occupied or not, except when
necessary to avoid conflict with other traffic or in compliance with the
directions of a peace officer or traffic control sign or signal.
9. “Suburban district” means all other parts of the City not included
in the business, school or residence districts.
10. “Traffic control device” means all signs, signals, markings, and
devices not inconsistent with this chapter, lawfully placed or erected for
the purpose of regulating, warning, or guiding traffic.
11. “Vehicle” means every device in, upon or by which any person or
property is or may be transported or drawn upon a public highway,
street, or alley.
60.03 ADMINISTRATION AND ENFORCEMENT. Provisions of this

Traffic Code and State law relating to motor vehicles and law of the road are
enforced by the Police Chief.
60.04 POWER TO DIRECT TRAFFIC. A peace officer, and, in the

absence of a peace officer, any officer of the fire department when at the scene
of a fire, is authorized to direct all traffic by voice, hand or signal in
conformance with traffic laws. In the event of an emergency, traffic may be
directed as conditions require, notwithstanding the provisions of the traffic
laws.
(Code of Iowa, Sec. 102.4 & 321.236[2])

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60.05 TRAFFIC ACCIDENTS: REPORTS. The driver of a vehicle

involved in an accident within the limits of the City shall file a report as and
when required by the Iowa Department of Transportation. A copy of this report
shall be filed with the City for the confidential use of peace officers and shall be
subject to the provisions of Section 321.271 of the Code of Iowa.
60.06 PEACE OFFICER’S AUTHORITY. A peace officer is authorized to

stop a vehicle to require exhibition of the driver’s license of the driver, to serve
a summons or memorandum of traffic violation, to inspect the condition of the
vehicle, to inspect the vehicle with reference to size, weight, cargo, log book,
bills of lading or other manifest of employment, tires and safety equipment, or
to inspect the registration certificate, the compensation certificate, travel order,
or permit of such vehicle. A peace officer having probable cause to stop a
vehicle may require exhibition of the proof of financial liability coverage card
issued for the vehicle.
60.07 OBEDIENCE TO PEACE OFFICERS. No person shall willfully

fail or refuse to comply with any lawful order or direction of any peace officer
invested by law with authority to direct, control, or regulate traffic.
60.08 PARADES REGULATED. No person shall conduct or cause any

parade on any street except as provided herein:
1. “Parade” Defined. “Parade” means any march or procession of
persons or vehicles organized for marching or moving on the streets in
an organized fashion or manner or any march or procession of persons or
vehicles represented or advertised to the public as a parade.
2. Permission Required. No parade shall be conducted without first
obtaining permission from the Council. The person organizing or
sponsoring the parade shall provide information concerning the time and
date for the parade and the streets or general route therefor, and any
permission given to such person includes all participants in the parade,
provided they have been invited to participate.
3. Parade Not A Street Obstruction. Any parade for which
permission has been given and the persons lawfully participating therein
shall not be deemed an obstruction of the streets, notwithstanding the
provisions of any other ordinance to the contrary.
4. Control By Peace Officers and Fire Fighters. Persons
participating in any parade shall at all times be subject to the lawful

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orders and directions in the performance of their duties of law

enforcement personnel and members of the Fire Department.

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CHAPTER 61
TRAFFIC CONTROL DEVICES

61.01 Installation 61.04 Standards
61.02 Crosswalks 61.05 Compliance
61.03 Traffic Lanes
61.01 INSTALLATION. The Police Chief shall cause to be placed and

maintained traffic control devices when and as required under this Traffic Code
or under State law or emergency or temporary traffic control devices for the
duration of an emergency or temporary condition as traffic conditions may
require to regulate, guide or warn traffic. The Police Chief shall keep a record
of all such traffic control devices.
61.02 CROSSWALKS. The Police Chief is hereby authorized, subject to

approval of the Council by resolution, to designate and maintain crosswalks by
appropriate traffic control devices at intersections where, due to traffic
conditions, there is particular danger to pedestrians crossing the street or
roadway, and at such other places as traffic conditions require.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.03 TRAFFIC LANES. The Police Chief is hereby authorized to mark

lanes for traffic on street pavements at such places as traffic conditions require,
consistent with the traffic code of the City. Where such traffic lanes have been
marked, it shall be unlawful for the operator of any vehicle to fail or refuse to
keep such vehicle within the boundaries of any such lane except when lawfully
passing another vehicle or preparatory to making a lawful turning movement.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.04 STANDARDS. Traffic control devices shall comply with standards

established by The Manual of Uniform Traffic Control Devices for Streets and
Highways.
61.05 COMPLIANCE. No driver of a vehicle shall disobey the instructions

of any official traffic control device placed in accordance with the provisions of
this chapter, unless at the time otherwise directed by a peace officer, subject to
the exceptions granted the driver of an authorized emergency vehicle under

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CHAPTER 61 TRAFFIC CONTROL DEVICES

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CHAPTER 62
GENERAL TRAFFIC REGULATIONS

62.01 Violation of Regulations 62.08 Open Containers in Motor Vehicles
62.02 Play Streets Designated 62.09 Obstructing View at Intersections
62.03 Vehicles on Sidewalks 62.10 Reckless Driving
62.04 Clinging to Vehicle 62.11 Careless Driving
62.05 Quiet Zones 62.12 Milling
62.06 Funeral Processions 62.13 Traffic Noise
62.07 Tampering with Vehicle 62.14 Engine Brakes and Compression Brakes
62.15 No Vehicles When Buses Present
62.01 VIOLATION OF REGULATIONS. Any person who willfully fails

or refuses to comply with any lawful order of a peace officer or direction of a
fire department officer during a fire, or who fails to abide by the applicable
provisions of the following Iowa statutory laws relating to motor vehicles and
the statutory law of the road is in violation of this section. These sections of the
Code of Iowa are adopted by reference and are as follows:
1. Section 321.17 – Misdemeanor to violate registration provisions.
2. Section 321.20B – Proof of security against liability.
3. Section 321.32 – Registration card, carried and exhibited.
4. Section 321.37 – Display of plates.
5. Section 321.38 – Plates, method of attaching, imitations
prohibited.
6. Section 321.79 – Intent to injure.
7. Section 321.91 – Penalty for abandonment.
8. Section 321.98 – Operation without registration.
9. Section 321.99 – Fraudulent use of registration.
10. Section 321.174 – Operators licensed.
11. Section 321.174A – Operation of motor vehicles with expired
license.
12. Section 321.180 – Instruction permits.
13. Section 321.180B – Graduated driver’s licenses for persons aged
fourteen through seventeen.
14. Section 321.193 – Restricted licenses.
15. Section 321.194 – Special minor’s licenses.

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CHAPTER 62 GENERAL TRAFFIC REGULATIONS
16. Section 321.216 – Unlawful use of license and nonoperator’s

identification card.
17. Section 321.216B – Use of driver’s license or nonoperator’s
identification card by underage person to obtain alcohol.
18. Section 321.216C – Use of driver’s license or nonoperator’s
identification card by underage person to obtain cigarettes or tobacco
products.
19. Section 321.219 – Permitting unauthorized minor to drive.
20. Section 321.220 – Permitting unauthorized person to drive.
21. Section 321.221 – Employing unlicensed chauffeur.
22. Section 321.222 – Renting motor vehicle to another.
23. Section 321.223 – License inspected.
24. Section 321.224 – Record kept.
25. Section 321.232 – Radar jamming devices; penalty.
26. Section 321.234A – All-terrain vehicles.
27. Section 321.247 – Golf cart operation on City streets.
28. Section 321.257 – Official traffic control signal.
29. Section 321.259 – Unauthorized signs, signals or markings.
30. Section 321.262 – Damage to vehicle.
31. Section 321.263 – Information and aid.
32. Section 321.264 – Striking unattended vehicle.
33. Section 321.265 – Striking fixtures upon a highway.
34. Section 321.275 – Operation of motorcycles and motorized
bicycles.
35. Section 321.278 – Drag racing prohibited.
36. Section 321.288 – Control of vehicle; reduced speed.
37. Section 321.295 – Limitation on bridge or elevated structures.
38. Section 321.297 – Driving on right-hand side of roadways;
exceptions.
39. Section 321.298 – Meeting and turning to right.
40. Section 321.299 – Overtaking a vehicle.
41. Section 321.302 – Overtaking on the right.

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42. Section 321.303 – Limitations on overtaking on the left.

43. Section 321.304 – Prohibited passing.
44. Section 321.306 – Roadways laned for traffic.
45. Section 321.307 – Following too closely.
46. Section 321.308 – Motor trucks and towed vehicles; distance
requirements.
47. Section 321.309 – Towing; convoys; drawbars.
48. Section 321.310 – Towing four-wheel trailers.
49. Section 321.312 – Turning on curve or crest of grade.
50. Section 321.313 – Starting parked vehicle.
51. Section 321.314 – When signal required.
52. Section 321.315 – Signal continuous.
53. Section 321.316 – Stopping.
54. Section 321.317 – Signals by hand and arm or signal device.
55. Section 321.319 – Entering intersections from different highways.
56. Section 321.320 – Left turns; yielding.
57. Section 321.321 – Entering through highways.
58. Section 321.322 – Vehicles entering stop or yield intersection.
59. Section 321.323 – Moving vehicle backward on highway.
60. Section 321.324 – Operation on approach of emergency vehicles.
61. Section 321.329 – Duty of driver – pedestrians crossing or
working on highways.
62. Section 321.330 – Use of crosswalks.
63. Section 321.332 – White canes restricted to blind persons.
64. Section 321.333 – Duty of drivers.
65. Section 321.340 – Driving through safety zone.
66. Section 321.341 – Obedience to signal of train.
67. Section 321.342 – Stop at certain railroad crossings; posting
warning.
68. Section 321.343 – Certain vehicles must stop.
69. Section 321.344 – Heavy equipment at crossing.

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70. Section 321.344B – Immediate safety threat – penalty.

71. Section 321.354 – Stopping on traveled way.
72. Section 321.359 – Moving other vehicle.
73. Section 321.362 – Unattended motor vehicle.
74. Section 321.363 – Obstruction to driver’s view.
75. Section 321.364 – Preventing contamination of food by hazardous
material.
76. Section 321.365 – Coasting prohibited.
77. Section 321.367 – Following fire apparatus.
78. Section 321.368 – Crossing fire hose.
79. Section 321.369 – Putting debris on highway.
80. Section 321.370 – Removing injurious material.
81. Section 321.371 – Clearing up wrecks.
82. Section 321.372 – School buses.
83. Section 321.381 – Movement of unsafe or improperly equipped
vehicles.
84. Section 321.381A – Operation of low-speed vehicles.
85. Section 321.382 – Upgrade pulls; minimum speed.
86. Section 321.383 – Exceptions; slow vehicles identified.
87. Section 321.384 – When lighted lamps required.
88. Section 321.385 – Head lamps on motor vehicles.
89. Section 321.386 – Head lamps on motorcycles and motorized
bicycles.
90. Section 321.387 – Rear lamps.
91. Section 321.388 – Illuminating plates.
92. Section 321.389 – Reflector requirement.
93. Section 321.390 – Reflector requirements.
94. Section 321.392 – Clearance and identification lights.
95. Section 321.393 – Color and mounting.
96. Section 321.394 – Lamp or flag on projecting load.
97. Section 321.395 – Lamps on parked vehicles.

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98. Section 321.398 – Lamps on other vehicles and equipment.

99. Section 321.402 – Spot lamps.
100. Section 321.403 – Auxiliary driving lamps.
101. Section 321.404 – Signal lamps and signal devices.
102. Section 321.404A – Light-restricting devices prohibited.
103. Section 321.405 – Self-illumination.
104. Section 321.406 – Cowl lamps.
105. Section 321.408 – Back-up lamps.
106. Section 321.409 – Mandatory lighting equipment.
107. Section 321.415 – Required usage of lighting devices.
108. Section 321.417 – Single-beam road-lighting equipment.
109. Section 321.418 – Alternate road-lighting equipment.
110. Section 321.419 – Number of driving lamps required or
permitted.
111. Section 321.420 – Number of lamps lighted.
112. Section 321.421 – Special restrictions on lamps.
113. Section 321.422 – Red light in front.
114. Section 321.423 – Flashing lights.
115. Section 321.430 – Brake, hitch and control requirements.
116. Section 321.431 – Performance ability.
117. Section 321.432 – Horns and warning devices.
118. Section 321.433 – Sirens, whistles and bells prohibited.
119. Section 321.434 – Bicycle sirens or whistles.
120. Section 321.436 – Mufflers, prevention of noise.
121. Section 321.437 – Mirrors.
122. Section 321.438 – Windshields and windows.
123. Section 321.439 – Windshield wipers.
124. Section 321.440 – Restrictions as to tire equipment.
125. Section 321.441 – Metal tires prohibited.
126. Section 321.442 – Projections on wheels.
127. Section 321.444 – Safety glass.

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128. Section 321.445 – Safety belts and safety harnesses – use

required.
129. Section 321.446 – Child restraint devices.
130. Section 321.449 – Motor carrier safety regulations.
131. Section 321.450 – Hazardous materials transportation.
132. Section 321.454 – Width of vehicles.
133. Section 321.455 – Projecting loads on passenger vehicles.
134. Section 321.456 – Height of vehicles; permits.
135. Section 321.457 – Maximum length.
136. Section 321.458 – Loading beyond front.
137. Section 321.460 – Spilling loads on highways.
138. Section 321.461 – Trailers and towed vehicles.
139. Section 321.462 – Drawbars and safety chains.
140. Section 321.463 – Maximum gross weight.
141. Section 321.465 – Weighing vehicles and removal of excess.
142. Section 321.466 – Increased loading capacity – reregistration.
62.02 PLAY STREETS DESIGNATED. The Police Chief shall have

authority to declare any street or part thereof a play street and cause to be
placed appropriate signs or devices in the roadway indicating and helping to
protect the same. Whenever authorized signs are erected indicating any street
or part thereof as a play street, no person shall drive a vehicle upon any such
street or portion thereof except drivers of vehicles having business or whose
residences are within such closed area, and then any said driver shall exercise
the greatest care in driving upon any such street or portion thereof.
62.03 VEHICLES ON SIDEWALKS. The driver of a vehicle shall not

drive upon or within any sidewalk area except at a driveway.
62.04 CLINGING TO VEHICLE. No person shall drive a motor vehicle on

the streets of the City unless all passengers of said vehicle are inside the vehicle
in the place intended for their accommodation. No person riding upon any
bicycle, coaster, roller skates, in-line skates, sled or toy vehicle shall attach the
same or himself or herself to any vehicle upon a roadway.

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62.05 QUIET ZONES. Whenever authorized signs are erected indicating a

quiet zone, no person operating a motor vehicle within any such zone shall
sound the horn or other warning device of such vehicle except in an emergency.
62.06 FUNERAL PROCESSIONS. Upon the immediate approach of a

funeral procession, the driver of every other vehicle, except an authorized
emergency vehicle, shall yield the right-of-way. An operator of a motor vehicle
which is part of a funeral procession shall not be charged with violating traffic
rules and regulations relating to traffic signals and devices while participating
in the procession unless the operation is reckless.
62.07 TAMPERING WITH VEHICLE. It is unlawful for any person,

either individually or in association with one or more other persons, to willfully
injure or tamper with any vehicle or break or remove any part or parts of or
from a vehicle without the consent of the owner.
62.08 OPEN CONTAINERS IN MOTOR VEHICLES.

1. Drivers. A driver of a motor vehicle upon a public street or
highway shall not possess in the passenger area of the motor vehicle an
open or unsealed bottle, can, jar, or other receptacle containing an
alcoholic beverage.
2. Passengers. A passenger in a motor vehicle upon a public street
or highway shall not possess in the passenger area of the motor vehicle
an open or unsealed bottle, can, jar or other receptacle containing an
alcoholic beverage.
As used in this section “passenger area” means the area of a motor vehicle
designed to seat the driver and passengers while the motor vehicle is in
operation and any area that is readily accessible to the driver or a passenger
while in their seating positions, including the glove compartment. An open or
unsealed receptacle containing an alcoholic beverage may be transported in the
trunk of the motor vehicle. An unsealed receptacle containing an alcoholic
beverage may be transported behind the last upright seat of the motor vehicle if
the motor vehicle does not have a trunk.
62.09 OBSTRUCTING VIEW AT INTERSECTIONS. It is unlawful to

allow any tree, hedge, billboard or other object to obstruct the view of an
intersection by preventing persons from having a clear view of traffic
approaching the intersection from cross streets. Any such obstruction is

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deemed a nuisance and in addition to the standard penalty may be abated in the
manner provided by Chapter 50 of this Code of Ordinances.
62.10 RECKLESS DRIVING. No person shall drive any vehicle in such

manner as to indicate a willful or a wanton disregard for the safety of persons or
property.
62.11 CARELESS DRIVING. No person shall intentionally operate a

motor vehicle on a street or highway in any one of the following ways:
1. Creating or causing unnecessary tire squealing, skidding or
sliding upon acceleration or stopping.
2. Simulating a temporary race.
3. Causing any wheel or wheels to unnecessarily lose contact with
the ground.
4. Causing the vehicle to unnecessarily turn abruptly or sway.
62.12 MILLING. It is unlawful to drive or operate a vehicle, either singly or

with others, in any processional milling or repeated movement over any street
to the interference with normal traffic use, or to the annoyance or offense of any
person.
62.13 TRAFFIC NOISE. It is unlawful for anyone operating a motor

vehicle to squeal tires; race engine; to have loud or offensive mufflers or no
muffler or any cut-out or by-pass in the exhaust system or to blow horn
excessively.
62.14 ENGINE BRAKES AND COMPRESSION BRAKES.

1. It is unlawful for the driver of any vehicle to use or operate or
cause to be used or operated within the City any engine brake,
compression brake or mechanical exhaust device designed to aid in the
braking or deceleration of any vehicle that results in loud, unusual or
explosive noise from such vehicle, except in response to an imminent
traffic accident.
2. The usage of an engine brake, compression brake or mechanical
exhaust device designed to aid in braking or deceleration in such a
manner so as to be audible at a distance of three hundred (300) feet from
the motor vehicle shall constitute evidence of a prima facie violation of
this section.

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3. The scheduled fine for a violation of this section shall be fifty

dollars ($50.00).
62.15 NO VEHICLES WHEN BUSES PRESENT. No vehicles are

permitted on Dewey Avenue between Eighth Street and Vine Street when buses
are present.

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CHAPTER 63
SPEED REGULATIONS
63.01 General 63.05 Special Speed Restrictions
63.02 State Code Speed Limits 63.06 Minimum Speed
63.03 Parks and Parking Lots 63.07 Controlled Access Facilities
63.04 Cemeteries
63.01 GENERAL. Every driver of a motor vehicle on a street shall drive the
same at a careful and prudent speed not greater than nor less than is reasonable
and proper, having due regard to the traffic, surface and width of the street and
of any other conditions then existing, and no person shall drive a vehicle on any
street at a speed greater than will permit said driver to bring it to a stop within
the assured clear distance ahead, such driver having the right to assume,
however, that all persons using said street will observe the law.
63.02 STATE CODE SPEED LIMITS. The following speed limits are
established in Section 321.285 of the Code of Iowa and any speed in excess
thereof is unlawful unless specifically designated otherwise in this chapter as a
special speed zone.
1. Business District – twenty (20) miles per hour.
2. Residence or School District – twenty-five (25) miles per hour.
3. Suburban District – forty-five (45) miles per hour.
63.03 PARKS AND PARKING LOTS. A speed in excess of fifteen (15)

miles per hour in any public park or parking lot, unless specifically designated
otherwise in this chapter, is unlawful.
63.04 CEMETERIES. A speed in excess of ten (10) miles per hour in any
cemetery, unless specifically designated otherwise in this chapter, is unlawful.
63.05 SPECIAL SPEED RESTRICTIONS. In accordance with

requirements of the Iowa State Department of Transportation, or whenever the
Council shall determine upon the basis of an engineering and traffic
investigation that any speed limit listed in Section 63.02 is greater or less than
is reasonable or safe under the conditions found to exist at any intersection or
other place or upon any part of the City street system, the Council shall
determine and adopt by ordinance such higher or lower speed limit as it deems

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CHAPTER 63 SPEED REGULATIONS
reasonable and safe at such location. The following special speed zones have
been established:
1. Special 25 MPH Speed Zones. A speed in excess of twenty-five
(25) miles per hour is unlawful on any of the following designated
streets or parts thereof.
A. First Street, from Pattee Street to Otley Avenue.
B. Willis Avenue, from Fourth Street east to 13th Street.
(Ord. 789 – Dec. 02 Supp.)
2. Special 30 MPH Speed Zones. A speed in excess of thirty (30)
miles per hour is unlawful on any of the following designated streets or
parts thereof.
A. Willis Avenue, from the west City limits east to Diagonal
Road.
B. Willis Avenue, from the middle of the block between West
Eight Street and West Seventh Street east to West Third Street.
C. Willis Avenue from 13th Street east to the intersection of
Highway 141 by-pass.
D. Iowa Street between 18th Street and the Highway 141 by-
pass.
(Ord. 789 – Dec. 02 Supp.)
3. Special 35 MPH Speed Zones. A speed in excess of thirty-five
A. First Street, from Park Street to Pattee Street.
B. First Street, from Otley Avenue to Highway 141.
C. Park Street from the east edge of Violet Hill Cemetery to
th
18 Street.
(Ord. 850 – Aug. 06 Supp.)
4. Special 45 MPH Speed Zones. A speed in excess of forty-five
A. First Street, from Park Street to north City limits.

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5. Special 50 MPH Speed Zones. A speed in excess of fifty (50)

miles per hour is unlawful on any of the following designated streets or
parts thereof.
A. Highway 141 from 115 feet west of Tenth Street to
Highway 144.
6. Special 55 MPH Speed Zones. A speed in excess of fifty-five
A. Highway 141 from 1,361 feet east of 16th Street to 115 feet
west of Tenth Street.
63.06 MINIMUM SPEED. A person shall not drive a motor vehicle at such
a slow speed as to impede or block the normal and reasonable movement of
traffic, except when reduced speed is necessary for safe operation, or in
compliance with law.
63.07 CONTROLLED ACCESS FACILITIES. Speed limits on controlled

access facilities are as specified in Chapter 140 of this Code of Ordinances.

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°°°°°°°°°°

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CHAPTER 64
TURNING REGULATIONS
64.01 Turning at Intersections 64.03 Right Turn on Red Signal Prohibited
64.02 U-turns 64.04 Left Turn for Parking
64.01 TURNING AT INTERSECTIONS. The driver of a vehicle intending

to turn at an intersection shall do so as follows:
1. Both the approach for a right turn and a right turn shall be made
as close as practical to the right-hand curb or edge of the roadway.
2. Approach for a left turn shall be made in that portion of the right
half of the roadway nearest the centerline thereof and after entering the
intersection the left turn shall be made so as to depart from the
intersection to the right of the centerline of the roadway being entered.
3. Approach for a left turn from a two-way street into a one-way
street shall be made in that portion of the right half of the roadway
nearest the centerline thereof and by passing to the right of such
centerline where it enters the intersection. A left turn from a one-way
street into a two-way street shall be made by passing to the right of the
centerline of the street being entered upon leaving the intersection.
The Police Chief may cause markers, buttons or signs to be placed within or
adjacent to intersections and thereby require and direct, as traffic conditions
require, that a different course from that specified above be traveled by vehicles
turning at intersections, and when markers, buttons or signs are so placed, no
driver of a vehicle shall turn a vehicle at an intersection other than as directed
and required by such markers, buttons or signs.
64.02 U-TURNS. It is unlawful for a driver to make a U-turn except at an

intersection, however, U-turns are prohibited within the Business District and at
intersections where there are automatic traffic signals.
64.03 RIGHT TURN ON RED SIGNAL PROHIBITED. Vehicular traffic

facing a steady red signal shall not proceed or make a right turn at the following
locations when appropriate signs are in place.
1. Intersection of Sixth Street and Willis Avenue.

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CHAPTER 64 TURNING REGULATIONS
2. Intersection of First Street and North Street.

3. Intersection of West Eighth Street and Willis Avenue.
4. Intersection of Eighth Street and Willis Avenue.
64.04 LEFT TURN FOR PARKING. No person shall make a left hand
turn, crossing the centerline of the street, for the purpose of parking on said
street.

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CHAPTER 65
STOP OR YIELD REQUIRED

65.01 Through Streets – Stop 65.06 Stop Before Crossing Sidewalk
65.02 Stop Required 65.07 Stop When Traffic Is Obstructed
65.03 Four-Way Stop Intersections 65.08 Yield to Pedestrians in Crosswalks
65.04 Yield Required 65.09 Official Traffic Controls
65.05 School Stops
65.01 THROUGH STREETS - STOP. Every driver of a vehicle shall stop,

unless a yield is permitted by this chapter, before entering an intersection with
the following designated through streets.
1. Willis Avenue from the east City limits to the west City limits
except at the intersections of First Street, Second Street and Third Street;
2. First Street except at the intersection of Willis Avenue.
Whenever any ordinance of the City designates and describes a through

highway, it is the duty of the Police Chief, with the approval of the Council, to
place and maintain a stop sign on each and every street intersecting such
through highway, except as herein modified in the case of intersecting through
highways or intersections where a traffic control device is placed by direction
of the Council. Any vehicle entering the above described through streets shall
stop at the stop sign prior to entering said through street.
65.02 STOP REQUIRED. It is hereby declared that because of heavy cross

traffic and other traffic conditions, a particular safety hazard exists at the
intersections hereinafter designated, and the Police Chief is hereby authorized
and directed to place stop signs at the following enumerated intersections; and
drivers entering said intersections from the directions indicated shall stop at
said intersections before entering said intersections. The intersections at which
stop signs and a stop are required are as follows:
1. 30th Street and McKinley Street – traffic from the south shall stop;
2. 26th Street and Iowa Street – traffic from the north shall stop;
3. 18th Street and Iowa Street – traffic from the north shall stop;

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CHAPTER 65 STOP OR YIELD REQUIRED
4. 18th Street and Eastern Avenue – traffic from the east and traffic
from the west shall stop;
5. Warford Street and 18th Street – traffic from the east and traffic
6. Highview Drive and McKinley Street – traffic from the south
shall stop;
7. Otley Avenue and 17th Street – traffic from the east and traffic
8. Eastern Avenue and 17th Street – traffic from the east shall stop;
9. Perry Park Avenue and 16th Street – traffic from the west shall
stop;
10. Iowa Street and 16th Street – traffic from the east and traffic from
the west shall stop;
11. Marengo Drive and 16th Street – traffic from the east shall stop;
12. Otley Avenue and 16th Street – traffic from the east and traffic
13. 16th Street and Warford Street – traffic from the north and traffic
from the south shall stop;
14. 16th Street and Lucinda Street – traffic from the north and traffic
15. Taft Street and 16th Street – traffic from the east and traffic from
16. North Street and 16th Street – traffic from the west shall stop;
17. Taft Street and 14th Street – traffic from the east and traffic from
18. Pattee Street and 11th Street – traffic from the east and traffic from
19. Evelyn Street and 15th Street – traffic from the west shall stop;
20. Estella Street and 15th Street – traffic from the west shall stop;
21. Tenth Street and Bypass – traffic from the north and traffic from
the south shall stop;
22. Tenth Street and Pine Street – traffic from the east and traffic

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23. Tenth Street and Iowa Street – traffic from the east and traffic
24. Tenth Street and Estella Street – traffic from the east and traffic
25. Tenth Street and Evelyn Street – traffic from the east and traffic
26. Tenth Street and Otley Avenue – traffic from the east and traffic
27. Summer Street and North Street – traffic from the south shall
stop;
28. Winter Street and North Street – traffic from the south shall stop;
29. Vine Street and North Street – traffic from the south shall stop;
30. Eighth Street and Bypass – traffic from the north and traffic from
31. Eighth Street and Pine Street – traffic from the east and traffic
32. Eighth Street and Jones Street – traffic from the east and traffic
33. Eighth Street and Iowa Street – traffic from the east and traffic
34. Eighth Street and Estella Street – traffic from the east shall stop;
35. Eighth Street and Evelyn Street – traffic from the east and traffic
36. Eighth Street and Otley Avenue – traffic from the east and traffic
37. Eighth Street and Park Street – traffic from the north and traffic
38. Pattee Street and Seventh Street – traffic from the east and traffic
39. Seventh Street and Otley Avenue – traffic from the north shall
stop;
40. Seventh Street and Evelyn Street – traffic from the north and
traffic from the south shall stop;
41. Seventh Street and Iowa Street – traffic from the north shall stop;

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42. Iowa Street and East Edge Iowa Street Trailer Court – traffic from
43. Grove Street and Iowa Street – traffic from the south shall stop;
44. Sixth Street and Iowa Street – traffic from the north shall stop;
45. Sixth Street and Evelyn Street – traffic from the east and traffic
46. Sixth Street and Otley Avenue – traffic from the east and traffic
47. Sixth Street and Warford Street – traffic from the north and traffic
48. Sixth Street and Lucinda Street – traffic from the north and traffic
49. Sixth Street and Park Street – traffic from the south shall stop;
50. Fifth Street and Park Street – traffic from the south shall stop;
51. Fifth Street and Paul Street – traffic from the north and traffic
52. Fifth Street and North Street – traffic from the north and traffic
53. Fifth Street and Rawson Street – traffic from the north shall stop;
54. Bateman Street and Fifth Street – traffic from the east and traffic
55. Fifth Street and Evelyn Street – traffic from the east and traffic
56. Pine Street and Fifth Street – traffic from the east shall stop;
57. Fourth Street and Evelyn Street – traffic from the north and traffic
58. Fourth Street and Otley Avenue – traffic from the north and
59. Fourth Street and Warford Street – traffic from the south shall
stop;
60. Fourth Street and Pattee Street – traffic from the south shall stop;
61. Fourth Street and Bateman Street – traffic from the south, traffic
from the east and traffic from the west shall stop;

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62. Fourth Street and Rawson Street – traffic from the north shall stop;
63. Fourth Street and North Street – traffic from the north and traffic
64. Fourth Street and Park Street – traffic from the south shall stop;
65. Paul Street and Third Street – traffic from the east and traffic
66. Third Street and North Street – traffic from the north and traffic
67. Third Street and Rawson Street – traffic from the north, traffic
from the east and traffic from the west shall stop;
68. (Repealed by Ordinance No. 784 – Aug. 02 Supp.)
70. Third Street and Otley Avenue – traffic from the north and traffic
71. Center Street and Third Street – traffic from the east and traffic
72. (Repealed by Ordinance No. 820 – Sep. 04 Supp.)
73. (Repealed by Ordinance No. 820 – Sep. 04 Supp.)
77. Second Street and North Post Office Parking – traffic from the
east and traffic from the south shall stop;
78. Second Street and Rawson Street – traffic from the east shall stop;
79. Second Street and North Street – traffic from the north and traffic
80. Second Street and Park Street – traffic from the south shall stop;
81. Alley behind Post Office – traffic from the north and traffic from
82. West Second Street and Rawson Street – traffic from the north
and traffic from the south shall stop;
83. West Second Street and North Street – traffic from the north and

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84. West Third Street and North Street – traffic from the north and
85. West Fourth Street and North Street – traffic from the north and
86. West Fifth Street and Warford Street – traffic from the south shall
stop;
87. West Third Street and Pattee Park Road – traffic from the west
shall stop;
88. West Third Street and Otley Avenue – traffic from the east shall
stop;
89. Third Street and Park Street – traffic from the south shall stop;
90. Second Street and Estella Street – traffic from the east and traffic
91. 14th Street and Otley Avenue – traffic from the north and traffic
92. 15th Street and Otley Avenue – traffic from the north and traffic
93. Tenth Street and Pattee Street – traffic from the south shall stop;
94. West Third Street and Dewey Avenue – traffic from the north and
95. Seventh Street and Bateman Street – traffic from the east and
traffic from the west shall stop;
96. Sixth Street and North Street – traffic from the north and traffic
97. Seventh Street and North Street – traffic from the south shall stop;
98. Second Street and South Street – traffic from the north shall stop;
99. Summer Street and Dewey Avenue – traffic from the north shall
stop;
100. Vine Street and Dewey Avenue – traffic from the north shall stop;
101. Seventh Street and Dewey Avenue – traffic from the east and
traffic from the west shall stop;
102. Eighth Street and Willis Avenue – traffic from the north and
traffic from the south shall stop; traffic from the east and west shall stop
when the permanent traffic lights so designate;

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103. Eighth Street and Warford Street – traffic from the north, south
and west shall stop; (Ord. 811 – Mar. 04 Supp.)
104. Eighth Street and Lucinda Street – traffic from the north, south
and east shall stop; (Ord. 811 – Mar. 04 Supp.)
105. Fifth Street and Estella Street – traffic from the east and traffic
106. Alley behind Stokely Lumber – traffic from the west shall stop;
108. 18th Street and Circle Drive at 1200 18th Street – traffic from the
north and traffic from the south shall stop. (Ord. 783 – Aug. 02 Supp.)
109. West 8th and Willis Avenue – traffic from the north shall stop.
110. 6th Street and Willis Avenue – traffic from the north and south
shall stop. (Ord. 806 – Dec. 03 Supp.)
111. West 8th Street and Warford Street – traffic from the east and west
shall stop.
112. West 9th Street and Warford Street – traffic from the east and west
shall stop.
113. 6th Street and Lucinda Street – traffic from the east shall stop.
114. Railroad Street and Otley Avenue – traffic from the south shall
stop.
115. Railroad Street and 2nd Street – traffic from the northwest shall
stop.
116. 2nd Street and Otley Avenue – traffic from the north shall stop.
(#111-116 – Ord. 821 – Sep. 04 Supp.)
117. Dewey Street and Second Street – traffic from the north and
traffic from the south shall stop.
118. Dewey Street and Third Street – traffic from the north and traffic
from the south shall stop.
119. Dewey Street and Fourth Street – traffic from the north and traffic
120. Dewey Street and Fifth Street - traffic from the north and traffic
121. Dewey Street and Sixth Street - traffic from the north and traffic

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122. Dewey Street and Seventh Street - traffic from the north and
traffic from the south shall stop.
123. Dewey Street and Eighth Street - traffic from the north and traffic
(#117-123 – Ord. 875 – Mar. 09 Supp.)
65.03 FOUR-WAY STOP INTERSECTIONS. Every driver of a vehicle

shall stop before entering the following designated four-way stop intersections:
1. Intersection of 18th Street and McKinley Street.
2. Intersection of 16th Street and McKinley Street.
3. Intersection of 16th Street and Park Street (Note: Dallas County
requires traffic from the north and traffic from the east to stop at this
four-way stop intersection.)
4. Intersection of Ninth Street and Pattee Street.
5. Intersection of Eighth Street and North Street.
6. Intersection of Eighth Street and Dewey Avenue.
7. Intersection of Eighth Street and Pattee Street.
8. Intersection of Eighth Street and Bateman Street.
9. (Repealed by Ord. 820 – Sep. 04 Supp.)
10. (Repealed by Ord. 820 – Sep. 04 Supp.)
11. Intersection of Second Street and Center Street.
12. Intersection of Second Street and Willis Avenue.
13. Intersection of Third Street and Willis Avenue.
(Subsections 12 & 13 – Ord. 780 – Jul. 02 Supp.)
14. Intersection of Second Street and Warford Street.
15. Intersection of Second Street and Lucinda Street.
16. Intersection of Second Street and Pattee Street.
17. Intersection of Third Street and Warford Street.
18. Intersection of Third Street and Lucinda Street.
19. Intersection of Third Street and Pattee Street.
(Subsections 14 - 19 – Ord. 784 – Aug. 02 Supp.)
65.04 YIELD REQUIRED. It is hereby declared that because of heavy

cross traffic and other traffic conditions, a particular safety hazard exists at the
intersections hereinafter designated, and the Police Chief is hereby authorized
and directed to place yield signs at the following enumerated intersections; and

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drivers entering said intersections from the directions indicated shall yield at
said intersections before entering said intersections. The intersections at which
yield signs and a yield are required are as follows:
1. Fourth Street and Park Street – traffic from the north shall yield;
2. West Second Street and Park Street – traffic from the south shall
yield;
3. West Third Street and Park Street – traffic from the south shall
yield;
4. West Fourth Street and Park Street – traffic from the south shall yield;
5. West Fifth Street and Park Street – traffic from the south shall yield;
6. West Third Street and Paul Street – traffic from the east and
traffic from the west shall yield;
7. Lucinda Street and Third Street – traffic from the west shall yield;
8. West Second Street and Paul Street – traffic from the south and
traffic from the north shall yield;
9. West Second Street and Central Street – traffic from the south and
10. West Second Street and Dewey Avenue – traffic from the south
and traffic from the north shall yield;
11. West Second Street and Warford Street – traffic from the north
shall yield;
12. West Third Street and Warford Street – traffic from the south
shall yield;
13. West Fourth Street and Warford Street – traffic from the south
and traffic from the north shall yield;
14. West Sixth Street and Warford Street – traffic from the south shall
yield;
15. West Seventh Street and Warford Street – traffic from the south
shall yield;
16. West Fifth Street and Park Street – traffic from the south shall
yield;
17. Paul Street and Second Street – traffic from the east and traffic
from the west shall yield;

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18. Fourth Street and Rawson Street – traffic from the east and traffic
19. Third Street and Bateman Street – traffic from the east and traffic
20. Second Street and Bateman Street – traffic from the east and
21. 15th Street and Lucinda Street – traffic from the north shall yield;
22. 14th Street and Lucinda Street – traffic from the south and traffic
from the north shall yield;
23. 13th Street and Lucinda Street – traffic from the south shall yield;
24. 11th Street and Lucinda Street – traffic from the south and traffic
25. Tenth Street and Lucinda Street – traffic from the south and
26. Ninth Street and Lucinda Street – traffic from the south and
27. Seventh Street and Lucinda Street – traffic from the south and
28. Fifth Street and Lucinda Street – traffic from the north shall yield;
29. Fourth Street and Lucinda Street – traffic from the south shall
yield;
30. Fifth Street and Warford Street – traffic from the north shall yield;
31. Seventh Street and Warford Street – traffic from the south and
32. Ninth Street and Warford Street – traffic from the south and
33. Tenth Street and Warford Street – traffic from the south and
34. 11th Street and Warford Street – traffic from the south and traffic
36. 14th Street and Warford Street – traffic from the north shall yield;

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38. 30th Street and Willis Avenue – traffic from the north shall yield;
39. 12th Street and Otley Avenue – traffic from the south and traffic
40. Fifth Street and Otley Avenue – traffic from the south and traffic
41. 12th Street and Iowa Street – traffic from the north shall yield;
42. Fifth Street and Iowa Street – traffic from the east shall yield;
43. Grove Street and Pine Street – traffic from the east and traffic
44. Second Street and Dewey Avenue – traffic from the east and
45. Fifth Street and Pattee Street – traffic from the north shall yield;
46. Sixth Street and Pattee Street – traffic from the south and traffic
47. Ann Street and Second Street – traffic from the east and traffic
from the west shall yield.
65.05 SCHOOL STOPS. At the school crossing zones designated by

resolution of the Council every driver of a vehicle approaching said zone shall
bring the vehicle to a full stop at a point ten (10) feet from the approach side of
the crosswalk marked by an authorized school stop sign and thereafter proceed
in a careful and prudent manner until the vehicle shall have passed through such
school crossing zone.
65.06 STOP BEFORE CROSSING SIDEWALK. The driver of a vehicle

emerging from a private roadway, alley, driveway, or building shall stop such
vehicle immediately prior to driving onto the sidewalk area and thereafter shall
proceed into the sidewalk area only when able to do so without danger to
pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the
street into which the vehicle is entering.
65.07 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any

traffic control signal indication to proceed, no driver shall enter an intersection
or a marked crosswalk unless there is sufficient space on the other side of the
intersection or crosswalk to accommodate the vehicle.

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65.08 YIELD TO PEDESTRIANS IN CROSSWALKS. Where traffic

control signals are not in place or in operation, the driver of a vehicle shall yield
the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian
crossing the roadway within any marked crosswalk or within any unmarked
crosswalk at an intersection.
65.09 OFFICIAL TRAFFIC CONTROLS. Every driver shall observe and

comply with the directions provided by official traffic control signals at the
following intersections:
1. Intersection of Willis Avenue and First Street;
2. (REPEALED BY ORDINANCE NO. 780 – JUL. 02 SUPP.
3. (REPEALED BY ORDINANCE NO. 780 – JUL. 02 SUPP.

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CHAPTER 66
LOAD AND WEIGHT RESTRICTIONS

66.01 Temporary Embargo 66.04 Load Limits on Bridges
66.02 Permits for Excess Size and Weight 66.05 Truck Route
66.03 Load Limits Upon Certain Streets
66.01 TEMPORARY EMBARGO. If the Council declares an embargo

when it appears by reason of deterioration, rain, snow or other climatic
conditions that certain streets will be seriously damaged or destroyed by
vehicles weighing in excess of an amount specified by the signs, no such
vehicles shall be operated on streets so designated by such signs.
(Code of Iowa, Sec. 321.471 & 472)
66.02 PERMITS FOR EXCESS SIZE AND WEIGHT. The Police Chief
may, upon application and good cause being shown therefor, issue a special
permit in writing authorizing the applicant to operate or move a vehicle or
combination of vehicles of a size or weight or load exceeding the maximum
specified by State law or the City over those streets or bridges named in the
permit which are under the jurisdiction of the City and for which the City is
responsible for maintenance.
(Code of Iowa, Sec. 321.473 & 321E.1)
66.03 LOAD LIMITS UPON CERTAIN STREETS. When signs are

erected giving notice thereof, no person shall operate any vehicle with a gross
weight in excess of the amounts specified on such signs at any time upon any of
the following streets or parts of streets:
(Code of Iowa, Sec. 321.473 & 475)
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66.04 LOAD LIMITS ON BRIDGES. Where it has been determined that

any City bridge has a capacity less than the maximum permitted on the streets
of the City, or on the street serving the bridge, the Police Chief may cause to be
posted and maintained signs on said bridge and at suitable distances ahead of
the entrances thereof to warn drivers of such maximum load limits, and no
person shall drive a vehicle weighing, loaded or unloaded, upon said bridge in
excess of such posted limit.

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CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
66.05 TRUCK ROUTE. Truck route regulations are established as follows:

1. Truck or Commercial Vehicles Defined. For the purpose of this
section a “truck” or “commercial vehicle” means any vehicle rated by
the manufacturer as a one and one-half ton or greater capacity and
having a box or bed for the purpose of transporting goods or
merchandise.
2. Truck Routes Designated. Every truck or commercial vehicle,
having no fixed terminal within the City or making no scheduled or
definite stops within the City for the purpose of loading or unloading
shall travel over or upon the following streets within the City and none
other:
A. State Highway 141 from east City limits to west City
limits;
B. State Highway 144 from south City limits to north City
limits;
C. Willis Avenue from First Street to west City limits.
3. Additional Routes for Truck or Commercial Vehicles Weighing
Eight (8) Tons or Less. Every truck or commercial vehicle weighing 8
tons or less shall be permitted to travel over or upon the following streets
within the City in addition to truck routes designated in Subsection 2 and
none other.
A. Park Street, known as 130th Street in the County, from the
east City limits to the west City limits.
4. Deliveries Off Truck Route. Any truck or commercial vehicle,
having a fixed terminal, making a scheduled or definite stop within the
City for the purpose of loading or unloading shall proceed over or upon
the designated routes set out in this section to the nearest point of its
scheduled or definite stop and shall proceed thereto, load or unload and
return, by the most direct route to its point of departure from said
designated route.
5. Employer’s Responsibility. The owner, or any other person,
employing or otherwise directing the driver of any vehicle shall not
require or knowingly permit the operation of such vehicle upon a street
in any manner contrary to this section.

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CHAPTER 67
PEDESTRIANS
67.01 Walking in Street 67.03 Pedestrian Crossing
67.02 Hitchhiking 67.04 Use Sidewalks
67.01 WALKING IN STREET. Pedestrians shall at all times when walking

on or along a street, walk on the left side of the street.
67.02 HITCHHIKING. No person shall stand in the traveled portion of a

street for the purpose of soliciting a ride from the driver of any private vehicle.
67.03 PEDESTRIAN CROSSING. Every pedestrian crossing a roadway at

any point other than within a marked crosswalk or within an unmarked
crosswalk at an intersection shall yield the right-of-way to all vehicles upon the
roadway.
67.04 USE SIDEWALKS. Where sidewalks are provided it is unlawful for

any pedestrian to walk along and upon an adjacent street.

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CHAPTER 67 PEDESTRIANS
°°°°°°°°°°

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CHAPTER 68
ONE-WAY TRAFFIC
68.01 ONE-WAY TRAFFIC REQUIRED. Upon the following streets and

alleys vehicular traffic, other than permitted cross traffic, shall move only in the
indicated direction when appropriate signs are in place.
1. (REPEALED BY ORDINANCE NO. 781 – JUL. 02 SUPP.)
2. Railroad Street is southbound from Willis Avenue to Otley
Avenue.
3. Warford Street is eastbound from Third Street to 18th Street.
4. Lucinda Street is westbound from 18th Street to Third Street.
5. (REPEALED BY ORDINANCE NO. 781 – JUL. 02 SUPP.)
6. Fourth Street is northbound from Willis Avenue to Bateman
Street.
7. Fifth Street is southbound from Bateman Street to Willis Avenue.
8. McColl Street is southbound from Willis Avenue to First Avenue.

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CHAPTER 68 ONE-WAY TRAFFIC
°°°°°°°°°°

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CHAPTER 69
PARKING REGULATIONS
69.01 Park Adjacent to Curb 69.09 Loading Zone
69.02 Park Adjacent to Curb - One-way Street 69.10 All Night Parking Prohibited
69.03 Angle Parking 69.11 Truck, Tractor and Trailer Parking Limited
69.04 Angle Parking – Manner 69.12 Parking Time Limits
69.05 Parking for Certain Purposes Illegal 69.13 Snow Removal
69.06 Parking Prohibited 69.14 Snow Routes
69.07 Persons With Disabilities Parking 69.15 Controlled Access Facilities
69.08 No Parking Zones 69.16 Front Yard Parking Regulations
69.01 PARK ADJACENT TO CURB. No person shall stand or park a

vehicle in a roadway other than parallel with the edge of the roadway headed in
the direction of lawful traffic movement and with the right-hand wheels of the
vehicle within eighteen (18) inches of the curb or edge of the roadway except as
hereinafter provided in the case of angle parking and vehicles parked on the
left-hand side of one-way streets.
69.02 PARK ADJACENT TO CURB - ONE-WAY STREET. No person

shall stand or park a vehicle on the left-hand side of a one-way street other than
parallel with the edge of the roadway headed in the direction of lawful traffic
movement and with the left-hand wheels of the vehicle within eighteen (18)
inches of the curb or edge of the roadway except as hereinafter provided in the
case of angle parking.
69.03 ANGLE PARKING. Angle or diagonal parking is permitted only in

the following locations:
1. Railroad Street, on the west side, from Willis Avenue to Evelyn
Street;
2. Railroad Street, on the east side, from Willis Avenue to Otley
Avenue;
3. Otley Avenue, on the north side, from Second Street to Third
Street;
4. Lucinda Street, on the south side, from First Street to Third Street.
(Ord. 859 – Oct. 07 Supp.)
5. Warford Street, on the south side, from First Street to Third
Street.

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CHAPTER 69 PARKING REGULATIONS
(Ord. 859 – Oct. 07 Supp.)
69.04 ANGLE PARKING - MANNER. Upon those streets or portions of

streets which have been signed or marked for angle parking, no person shall
park or stand a vehicle other than at an angle to the curb or edge of the roadway
or in the center of the roadway as indicated by such signs and markings. No
part of any vehicle, or the load thereon, when parked within a diagonal parking
district, shall extend into the roadway more than a distance of sixteen (16) feet
when measured at right angles to the adjacent curb or edge of roadway.
69.05 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person

shall park a vehicle upon public property for more than forty-eight (48) hours or
for any of the following principal purposes:
1. Sale. Displaying such vehicle for sale;
2. Repairing. For lubricating, repairing or for commercial washing
of such vehicle except such repairs as are necessitated by an emergency;
3. Advertising. Displaying advertising;
4. Merchandise Sales. Selling merchandise from such vehicle
except in a duly established market place or when so authorized or
licensed under this Code of Ordinances.
69.06 PARKING PROHIBITED. No one shall stop, stand or park a vehicle

except when necessary to avoid conflict with other traffic or in compliance with
the directions of a peace officer or traffic control device, in any of the following
places:
1. Crosswalk. On a crosswalk.
2. Center Parkway. On the center parkway or dividing area of any
divided street.
3. Mailboxes. Within twenty (20) feet on either side of a mailbox
which is so placed and so equipped as to permit the depositing of mail
from vehicles on the roadway.
4. Sidewalks. On or across a sidewalk.
5. Driveway. In front of a public or private driveway.

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6. Intersection. Within, or within ten (10) feet of an intersection of

any street or alley.
7. Fire Hydrant. Within five (5) feet of a fire hydrant.
8. Stop Sign or Signal. Within ten (10) feet upon the approach to
any flashing beacon, stop or yield sign, or traffic control signal located at
the side of a roadway.
9. Railroad Crossing. Within fifty (50) feet of the nearest rail of a
railroad crossing, except when parked parallel with such rail and not
exhibiting a red light.
10. Fire Station. Within twenty (20) feet of the driveway entrance to
any fire station and on the side of a street opposite the entrance to any
fire station within seventy-five (75) feet of said entrance when properly
sign posted.
11. Excavations. Alongside or opposite any street excavation or
obstruction when such stopping, standing or parking would obstruct
traffic.
(Code of Iowa, Sec. 321.358 [10])
12. Double Parking. On the roadway side of any vehicle stopped or
parked at the edge or curb of a street.
(Code of Iowa, Sec. 321.358 [11])
13. Hazardous Locations. When, because of restricted visibility or
when standing or parked vehicles would constitute a hazard to moving
traffic, or when other traffic conditions require, the Council may cause
curbs to be painted with a yellow color and erect no parking or standing
signs.
(Code of Iowa, Sec. 321.358 [13])
14. Churches, Nursing Homes and Other Buildings. A space of fifty
(50) feet is hereby reserved at the side of the street in front of any
theatre, auditorium, hotel having more than twenty-five (25) sleeping
rooms, hospital, nursing home, taxicab stand, bus depot, church, or other
building where large assemblages of people are being held, within which
space, when clearly marked as such, no motor vehicle shall be left
standing, parked or stopped except in taking on or discharging

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passengers or freight, and then only for such length of time as is

necessary for such purpose. †
15. Alleys. No person shall park a vehicle within an alley in such a
manner or under such conditions as to leave available less than ten (10)
feet of the width of the roadway for the free movement of vehicular
traffic, and no person shall stop, stand or park a vehicle within an alley
in such a position as to block the driveway entrance to any abutting
property. The provisions of this subsection shall not apply to a vehicle
parked in any alley which is eighteen (18) feet wide or less; provided
said vehicle is parked to deliver goods or services.
16. Ramps. In front of a curb cut or ramp which is located on public
or private property in a manner which blocks access to the curb cut or
ramp.
17. Parking or Terrace. Upon the parking or terrace, designated as
that area between the curb line and the property line upon street right-of-
way. Exceptions to this section must fully comply with Municipal Code
Section 135.10. Vehicles parking as an exception hereunder must be
perpendicular to the street. (Ord. 772 – Feb. 02 Supp.)
18. In More Than One Space. In any designated parking space so
that any part of the vehicle occupies more than one such space or
protrudes beyond the markings designating such space.
19. Designated Fire Lanes. Any area, on public or private property,
designated as a fire lane by the Fire Chief, or the Chief’s designee, and
clearly identified as such by appropriate markings.
A. Removal of Parked or Unattended Vehicle. Any vehicle
parked in violation of this subsection is considered to be a safety
hazard. Such vehicles are subject to removal by towing at the
direction of the police or fire department. All costs incurred,
including towing and storage, are to be paid by the vehicle owner.
B. Exception. The provisions of this subsection do not apply
to authorized emergency vehicles.
C. Costs. The cost of signs and all markings will be the
responsibility of the property owner. Signs and markings will be
†
EDITOR’S NOTE: See also Section 69.09.

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in compliance with the standards identified in the Manual of

Uniform Traffic Control Devices.
69.07 PERSONS WITH DISABILITIES PARKING. The following

regulations shall apply to the establishment and use of persons with disabilities
parking spaces:
1. Establishment. Persons with disabilities parking spaces shall be
established and designated in accordance with Chapter 321L of the Code
of Iowa and Iowa Administrative Code, 661-18. No unauthorized
person shall establish any on-street persons with disabilities parking
space without first obtaining Council approval.
2. Improper Use. The following uses of a persons with disabilities
parking space, located on either public or private property, constitute
improper use of a persons with disabilities parking permit, which is a
violation of this Code of Ordinances:
(Code of Iowa, Sec. 321L.4[2])
A. Use by an operator of a vehicle not displaying a persons
with disabilities parking permit;
B. Use by an operator of a vehicle displaying a persons with
disabilities parking permit but not being used by a person issued a
permit or being transported in accordance with Section
321L.2[1b] of the Code of Iowa;
C. Use by a vehicle in violation of the rules adopted under
Section 321L.8 of the Code of Iowa.
3. Wheelchair Parking Cones. No person shall use or interfere with
a wheelchair parking cone in violation of the following:
A. A person issued a persons with disabilities parking permit
must comply with the requirements of Section 321L.2A (1) of the
Code of Iowa when utilizing a wheelchair parking cone.
B. A person shall not interfere with a wheelchair parking cone
which is properly placed under the provisions of Section 321L.2A
(1) of the Code of Iowa.
4. Temporary Persons With Disabilities Parking Spaces.
A. Temporary persons with disabilities parking will be
available for the churches and funeral homes for Saturday and
Sunday services and funerals (including visitation). A request
shall be made at City Hall twenty-four (24) hours in advance for

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the use of temporary persons with disabilities parking at churches

and funeral homes in the City when the event requires additional
persons with disabilities parking. The time that will be allowed
for the use of temporary persons with disabilities parking and the
placement of signs shall be two (2) hours before the start of the
service, funeral or other event. The temporary persons with
disabilities parking signs are to be removed two (2) hours after
the completion of the service, funeral or other event.
B. The number of temporary persons with disabilities parking
spaces to be allowed shall be limited to three (3).
C. The signs that are to be used for the marking of temporary
persons with disabilities parking spaces must comply with the
Americans with Disabilities Act and all three must be uniform in
size and weight. These signs must be portable and light enough
in weight as not to cause damage to a motor vehicle if struck in
the act of parking a motor vehicle. These signs are not to be
placed into or onto any type of permanent mount. If parking is
diagonal, the sign is to be placed centered on the curb or sidewalk
of the parking stall being designated for temporary persons with
disabilities parking. The placement of the sign should not impede
pedestrian traffic on the sidewalk, but should still be visible to the
operators of all motor vehicles if the parking stall is vacant. If
parking is parallel the sign is to be placed at the front right of the
parking stall on the curb or sidewalk and should not impede
pedestrian traffic on the sidewalk but should still be visible to the
operators of all motor vehicles if the parking stall is vacant. The
temporary persons with disabilities parking signs should only be
used in standard permanently marked (white striped) parking
stalls. If parking stalls are not marked (white striped), the
temporary persons with disabilities parking signs are to be placed
in such a manner as to allow adequate spacing for persons with
disabilities parking.
69.08 NO PARKING ZONES. No one shall stop, stand or park a vehicle in

any of the following specifically designated no parking zones except when
necessary to avoid conflict with other traffic or in compliance with the direction
of a peace officer or traffic control signal.
1. Second Street on the east side from Estella Street to South Street;
2. Third Street on the east side from South Street to Otley Avenue;

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3. West Third Street on the east side from Dewey Avenue to Park
Street;
4. West Second Street on the east side from Warford Street to Park
Street;
5. Park Street on the south side from First Street to the west City
limits; (Ord. 874 – May 08 Supp.)
6. Dewey Avenue on the north side from First Street to West Fifth
Street;
7. Rawson Street on the north side from First Street to West Fourth
Street;
8. Rawson Street on the south side from First Street to Second
Street;
9. Rawson Street on the south side from Third Street to Fourth
Street;
10. Second Street on the east side from Bateman Street to Paul Street;
11. Second Street on the west side from Paul Street to Park Street;
12. Park Street on the south side from Fourth Street to Sixth Street;
13. Third Street on the east side from Paul Street to Rawson Street;
14. Fourth Street on the west side from Rawson Street to Park Street;
15. Fifth Street on the east side from Park Street to Lucinda Street;
16. Sixth Street on the west side from Bateman Street to Paul Street;
17. Park Street on the north side from Fifth Street to Sixth Street;
18. North Street on the north side from West Third Street to alley
(1300 block);
19. Bateman Street on the north and south sides from First Street to
Second Street;
20. Willis Avenue on the north and south sides from West Tenth
Street to First Street;
21. West Ninth Street on the east side from alley to Warford Street;
22. West Fifth Street on the west side from Willis Avenue to Pattee
Park Road;
23. Pattee Park Road on the north and south sides from West Fifth
Street to West Third Street;

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24. West Third Street on the east and west sides from Willis Avenue
to Pattee Park Road;
25. West Second Street on the west side from alley to Otley Avenue;
26. Otley Avenue on the south side from West Third Street to Second
Street;
27. Pattee Street on the south side from First Street to West Second
Street;
28. Lucinda Street on the south side from First Street to West Second
Street;
29. Warford Street on the north and south sides from alley to West
Second Street;
30. Second Street on the east side from Estella Street to South Street;
31. Third Street on the west side from Bateman Street to Pattee
Street;
32. Evelyn Street on the north side from Third Street to Eighth Street;
33. First Street on the east and west sides from Warford Street to
Lucinda Street;
34. Second Street on the east side from South Street to Estella Street;
35. West Fifth Street on the west side from Willis Avenue to Elm
Street;
36. West Second Street on the east side from Warford Street to Park
Street;
37. Park Street on the north side from First Street 178 feet west to the
alleyway between 1st Street and West 2nd Street;
38. First Street on the east and west sides from Pattee Street to north
City limits;
39. First Street on the east and west sides from Willis Avenue to
South By-pass;
40. Otley Avenue on the south side from First Street to West Third
Street;
41. Warford Street on the north side from alley between Fifth and
Sixth Streets to 18th Street; (Ord. 814 – Apr. 04 Supp.)
42. Warford Street on the south side from 18th Street east to the
Armory;

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43. Lucinda Street on the north side from Fourth Street to 18th Street;
44. Pattee Street on the south side from Third Street to Sixth Street;
45. Bateman Street on the south side from Fifth Street to Sixth Street;
46. Bateman Street on the north side from Second Street to Third
Street;
47. Rawson Street on the north and south sides from First Street to
Fourth Street;
48. Rawson Street on the north side from Fourth Street to Fifth Street;
49. Park Street on the south side from Fourth Street to Sixth Street;
50. Park Street on the north side from Fifth Street to Sixth Street;
51. Otley Avenue on the north and south sides from First Street to
Second Street;
52. Otley Avenue on the north side from Tenth Street to School Drive
between the hours of 10:00 a.m. to 12:00 midnight;
53. Evelyn Street on the north side from Third Street to Fourth Street;
54. Evelyn Street on the north side from Fourth Street to Tenth Street;
55. Estella Street on the north side from First Street to Twelfth Street;
56. Fourth Street on the west side from Willis Avenue to Warford
Street;
57. Fourth Street on the west side from Pattee Street to Park Street;
58. Fifth Street on the east side from Willis Avenue to Warford
Street;
59. Fifth Street on the east side from Lucinda Street to Park Street;
60. Fifth Street on the east and west sides from Otley Avenue to
Evelyn Street;
61. Sixth Street on the west side from alley south of Otley Avenue to
Evelyn Street;
62. Fifth Street on the east side from Pine Street to Iowa Street;
63. Sixth Street on the west side from Willis Avenue to Paul Street;
64. Seventh Street on the east side from Pattee Street to Bateman
Street;
65. Seventh Street on the west side from Willis Avenue to Warford
Street;

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66. Seventh Street on the east and west sides from Willis Avenue to
Otley Avenue;
67. Seventh Street on the west side from Otley Avenue to Evelyn
Street;
68. Eighth Street on the east side from Willis Avenue to Pattee Street;
69. Tenth Street on the east and west sides from Willis Avenue to By-
Pass 141;
70. 15th Street on the west side from Willis Avenue to Iowa Street;
71. 16th Street on the east side from Willis Avenue to Otley Avenue;
72. 17th Street on the west side from Willis Avenue to Lucinda Street;
73. 18th Street on the east and west sides from Willis Avenue to
McKinley Street;
74. Seventh Street on the east side from Pattee Street to Lucinda
Street;
75. 30th Street on the west side;
76. 31st Street on the east side;
77. Highview Drive on the east side;
78. South Tenth Street on the east side;
79. Summer Meadow Drive on the south side;
80. McKinley Street on the north side from 14th Street to 16th Street;
81. Pattee Street on both sides from Third Street to Fifth Street,
except on Sunday, when parking is permitted;
82. West Fifth Street on the west side from Dewey Avenue to North
Street;
83. North Street on both sides from First Street to West Fifth Street;
84. Eighth Street on the west side from Willis Avenue to Iowa
Highway 141;
85. West Sixth Street on the east side south of Willis Avenue;
86. Pine Street on the south side from Fifth Street to Eighth Street;
87. Ninth Street on the west side from Willis Avenue to Pattee Street;
88. Eastern Avenue on the north side;

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89. Lucinda Street on the north side from the western edge of the
Lucinda Street entrance to the Brenton National Bank parking lot to First
Street;
90. Sugar Creek Drive on the east side;
91. Estella Street on the south side from First Street to Second Street;
92. Center Street on the south side from First Street to Second Street;
93. McColl Street on the east side from Willis Avenue to First Street,
except for the purpose of loading or unloading vehicles;
94. Pattee Street on both sides from Eighth Street to 11th Street;
95. 11th Street on the west side from the corner of Record, McKinley
and Pattee Streets to Lucinda Street;
96. Pattee Street on the south side from Sixth Street to Eighth Street,
except that from Seventh Street west to the alley is hereby designated a
loading zone;
97. Taft Street on the north side between 16th Street and 17th Street;
98. West Fourth Street on the east side between Bateman Street and
Paul Street;
99. Evelyn Street on the north side between 12th Street and Tenth
Street;
100. West Fourth Street on the west side from Willis Avenue to
Warford Street, between the hours of 8:00 a.m. and 5:00 p.m. on
weekdays;
101. 16th Street on the west side from Willis Avenue to Iowa Street;
102. Seventh Street on the east side from Willis Avenue to Lucinda
Street;
103. West Fourth Street on the west side from Park Street to Paul
Street;
104. West Fourth Street on the east side from Park Street for 100 feet;
105. 16th Street on the east side from Otley Avenue to Iowa Street;
106. Fifth Street on the east side from Evelyn Street to Iowa Street;
107. 14th Street on the east side from Willis Avenue to Otley Avenue;
108. Alley in Block 10 of the Original Town of City of Perry, Iowa;
109. North Street on both sides for 50 feet east from First Street;

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110. Fourth Street on the west side from Lucinda Street to Pattee Street
except parking shall be allowed on Sundays and holidays;
111. South Street on the north side from First Street to Third Street;
112. Tenth Street on the west side from Willis Avenue to Pattee Street;
(Ord. 868 – Dec. 07 Supp.)
113. Eighth Street on the west side from Iowa Highway 141 to
Southgate Drive;
114. Paul Street on the north side between First Street and Third
Street;
115. Eighth Street on the east side between Bateman Street and Dewey
Avenue between the hours of 6:00 a.m. and 4:00 p.m.;
116. Dewey Avenue on the south side between Eighth Street and
Winter Street including the school drop-off areas, between the hours of
8:00 a.m. and 4:00 p.m. when school is in session;
117. Dewey Avenue on the north side from Eighth Street to Winter
Street between the hours of 8:00 a.m. and 4:00 p.m. when school is in
session;
118. Eighth Street on the east side from Otley Avenue to Willis
Avenue, between the hours of 6:00 a.m. and 4:00 p.m. on weekdays
when school is in session;
119. Eighth Street on the west side from Willis Avenue to Pattee
Street, between the hours of 6:00 a.m. and 4:00 p.m. on weekdays when
school is in session;
120. Summer Street on the west side from Dewey Avenue to North Street;
121. Vine Street on the west side from Dewey Avenue to North Street;
122. Third Street on the east side between Willis Avenue and Warford
Street (one parking place directly in front of the west doors of the First
United Methodist Church);
123. Seventh Street on the west side from Southgate Drive to the cul-
de-sac south of Highway 141;
124. Willis Avenue on the south side from First Street to Second
Street;
125. North Street on the south side from West Fifth Street to and
including the entrance to the parking lot of Cecil Perkins Park;
126. Fifth Street on the east side from Warford Street to Lucinda
Street;

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127. Warford Street on the north side (the first parking space east of
Second Street is for taxi cab parking only);
128. Bateman Street on the north and south sides from Fourth Street to
Fifth Street;
129. Rawson Street on the south side from First Street to West Second
Street;
130. Second Street on the west side from Bateman Street north 75 feet;
131. Rawson Street on the north side from Fifth Street east 80 feet;
132. Bateman Street on the south side from Third Street west 85 feet;
133. Bateman Street on the south side from Fourth Street west 80 feet;
134. Warford Street on the north side from 18th Street to the Perry
High School circle drive. (Ord. 774 – Feb.
02 Supp.)
135. West Fourth Street on the west side north of North Street from the
stop sign for thirty (30) feet. (Ord. 807 – Jan. 04 Supp.)
136. Clear View Drive on the west side from Pine Street to the cul-de-
sac. (Ord. 816 – Jun. 04 Supp.)
137. Southgate Street on the south side from just east of Tenth Street to
Seventh Street on the west. (Ord. 869 – Dec. 07 Supp.)
138. McKinley Street from 18th Street to the East Perry City limits on
the north and south sides of McKinley. (Ord. 873 – May 08 Supp.)
139. 16th Street from Willis Avenue to Warford Street on the east and
west sides of 16th Street. (Ord. 881 – Jan. 10 Supp.)
69.09 LOADING ZONES.

1. In compliance with Section 321.360 of the Code of Iowa, the
Council grants a loading zone to the First Christian Church, 1224
Lucinda Street, in the City. Such loading zone will be painted on the
side of the street by the City. The First Christian Church is responsible
for paying the City for the proper signage required to enforce this
section.
2. In compliance with Section 321.360 of the Code of Iowa, the City
grants a loading zone to the business located at 1223 Otley Avenue.
This loading zone will be designated by a yellow curb and appropriate
signage. This loading zone shall be located on the west side of Third
Street extending south from the south side of the sidewalk at the
intersection of Third Street and Otley Avenue for a distance of fifty (50)

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feet. The business located at 1223 Otley Avenue is responsible for

paying the City for the proper signage required to enforce this section.
(Ord. 766 – Mar. 01 Supp.)
69.10 ALL NIGHT PARKING PROHIBITED. No person, except

physicians or other persons on emergency calls, shall park a vehicle on any of
the following named streets for a period of time longer than thirty (30) minutes
between the hours of two o’clock (2:00) a.m. and six o’clock (6:00) a.m. of any
day.
1. Willis Avenue on both sides from First Street to Third Street;
2. Warford Street on both sides from First Street to Third Street;
3. Lucinda Street on both sides from First Street to Third Street;
4. Pattee Street on both sides from First Street to Third Street;
5. Otley Avenue on both sides from Second Street to Third Street;
6. Second Street on both sides from Cornwall Street to Bateman Street;
7. Third Street on both sides from Lucinda Street to Otley Avenue;
8. Railroad Street on both sides from Willis Avenue to Otley Avenue.
69.11 TRUCK, TRACTOR AND TRAILER PARKING LIMITED. No

person shall park a farm tractor, road tractor, truck tractor, trailer, trailer coach,
farm machinery, implement of husbandry, motor truck, semi-trailer, or other
motor vehicle with trailer attached in any public parking lot or on any street
excepting only when such vehicles are actually engaged in the delivery or
receiving of merchandise or cargo. When actually receiving or delivering
merchandise or cargo, such vehicle shall be stopped or parked in a manner
which will not interfere with other traffic. The provisions of this section do not
apply to pickup, light delivery or panel delivery trucks.
69.12 PARKING TIME LIMITS.

1. Two Hours. It is unlawful to park any vehicle for a continuous
period of more than two (2) hours between the hours of eight o’clock
(8:00) a.m. and six o’clock (6:00) p.m. on each weekday including
Saturday, upon the following designated streets:
A. Second Street from Otley Avenue to Bateman Street, on
the east and west sides;
B. Warford Street from First Street to Third Street, on the
north and south sides;

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C. Lucinda Street from First Street to Third Street, on the

north and south sides;
D. Pattee Street from First Street to Third Street, on the south
side;
E. Third Street from Lucinda Street to Willis Avenue, on the
east and west sides;
F. Railroad Street from Willis Avenue to Otley Avenue, on
the east and west sides;
G. Willis Avenue on the north side from First Street to Third
Street and on the south side from Second Street to Third Street.
2. Three Hours. It is unlawful to park any vehicle for a continuous
period of more than three (3) hours between the hours of eight o’clock
(8:00) a.m. and six o’clock (6:00) p.m. on each weekday, including
Saturday, on the municipal parking lot located at the northeast corner of
First Street and Warford Street.
3. Twenty-four Hours. It is unlawful to park any vehicle for a
continuous period of more than twenty-four (24) hours on the municipal
parking lot located on the South Half (S½) of Lots 12 and 13 in Block 33
of the Original Town.
4. Forty-eight Hours. It is unlawful to park any vehicle for a
continuous period of more than forty-eight (48) hours upon the
following described premises:
A. The municipal parking lot located at the northwest corner
of the intersection of Willis Avenue and First Avenue in Block 34
of the Original Town;
B. The municipal parking lot located adjacent to the United
States Post Office on the West Half (W½) of Block 63 of the
Original Town;
C. Any City street. (Ord. 790 – Apr. 03 Supp.)
5. Fifteen Minutes. It is unlawful to park any vehicle for a
continuous period of more than fifteen (15) minutes upon the following
described premises:
A. The south side of Lucinda Street between Second Street
and Third Street, in the fourth parking space from the southeast
corner of Second Street and Lucinda Street;
B. The west side of Railroad Street between Willis Avenue
and Otley Street, in the third parking space from the northwest
corner of Willis Avenue and Otley Streets. This space is reserved
as parking for library book drop-off only.

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(Ord. 779 – Jul. 02 Supp.)

6. Thirty Minutes. It is unlawful to park any vehicle for a
continuous period of more than thirty (30) minutes between the hours of
7:30 a.m. and 4:30 p.m. on Mondays through Fridays upon the following
described premises:
A. The west side of the Security Bank Building, 1102 Willis
Avenue, in the five stalls from the northeast corner of First Street
and Willis Avenue.
(Ord. 876 – Mar. 09 Supp.)
69.13 SNOW REMOVAL. No person shall park, abandon or leave

unattended any vehicle on any public street, alley, or City-owned off-street
parking area during a snow emergency unless the snow has been removed or
plowed from such street, alley or parking area and the snow has ceased to fall.
A snow emergency shall be defined as any accumulation of snow in the amount
of one-half inch, or any amount in excess thereof. A snow emergency-parking
ban shall continue from its inception through the duration of the snow or ice
storm and the forty-eight (48) hour time period after cessation of the storm
except as above provided upon streets, which have been fully opened.
(Ord. 870 – Jan. 08 Supp.)
69.14 SNOW ROUTES. The Council may designate certain streets in the
City as snow routes. When conditions of snow or ice exist on the traffic surface
of a designated snow route, it is unlawful for the driver of a vehicle to impede
or block traffic.
69.15 CONTROLLED ACCESS FACILITIES. Parking restrictions on

controlled access facilities are as specified in Chapter 140 of this Code of
Ordinances.
69.16 FRONT YARD PARKING REGULATIONS. It shall be unlawful

for any person, corporation or legal entity to park a motor vehicle or vehicle in
the front yard of any residential lot unless the motor vehicle or vehicle is parked
completely upon a driveway, driveway extension or combination thereof, or in
a permanent roofed enclosure. However, this provision shall not apply to motor
vehicles or vehicles being used to move, deliver or take articles to and from a
yard, building or structure located thereon, or used in connection with
providing a temporary service thereon, for a reasonable amount of time while in
the active process of said use. (Ord. 773
– Feb. 02 Supp.)

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CHAPTER 70
TRAFFIC CODE ENFORCEMENT PROCEDURES

70.01 Arrest or Citation 70.04 Parking Violations: Vehicle Unattended
70.02 Scheduled Violations 70.05 Presumption in Reference to Illegal Parking
70.03 Parking Violations: Alternate 70.06 Impounding Vehicles
70.01 ARREST OR CITATION. Whenever a peace officer has reasonable

cause to believe that a person has violated any provision of the Traffic Code,
such officer may:
1. Immediate Arrest. Immediately arrest such person and take such
person before a local magistrate, or
2. Issue Citation. Without arresting the person, prepare in
quintuplicate a combined traffic citation and complaint as adopted by the
Iowa Commissioner of Public Safety, or issue a uniform citation and
complaint utilizing a State-approved computerized device.
(Code of Iowa, Sec. 805.6 & 321.485)
70.02 SCHEDULED VIOLATIONS. For violations of the Traffic Code

which are designated by Section 805.8 of the Code of Iowa to be scheduled
violations, the scheduled fine for each of those violations shall be as specified
in Section 805.8 of the Code of Iowa.
(Code of Iowa, Sec. 805. &, 805.8)
70.03 PARKING VIOLATIONS: ALTERNATE. Admitted violations of

parking restrictions imposed by this Code of Ordinances in Chapter 69 may be
charged upon a simple notice of a fine payable by cash, check or money order
and mailed to the Perry Police Department or placed in the designated drop box
at the Perry Police Department. The simple notice of a fine shall be in the
amount of fifteen dollars ($15.00) for all violations except Snow Removal and
Snow Route parking violations (Sections 69.13 and 69.14), which shall be in
the amount of twenty-five dollars ($25.00) or fifty dollars ($50.00) for a second
or subsequent violation occurring within twenty-four (24) months. Violations
of Persons with Disabilities Parking (Section 69.07) shall be one hundred
dollars ($100.00).
(Code of Iowa, Sec. 321.236 [1a] & 321L.4[2])
1. Fine for Nonpayment. If such fines for violations under Chapter
69 are not paid within thirty (30) days, they shall be increased by five
dollars ($5.00) except for violations under Section 69.07, Persons with
Disabilities Parking shall remain as one hundred dollars ($100.00).

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CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
Failure to pay the simple fine shall be grounds for the filing of a
complaint in District Court.
2. Contesting Simple Fine. Persons wishing to contest the simple
fine may do so by appearing in person in the office of the Perry Police
Department no more than ten (10) calendar days after the date of
issuance of the simple fine, between the hours of 9:00 a.m. and 4:00 p.m.
Monday through Friday excepting holidays.
3. Contesting Simple Fine Procedure. Persons wishing to contest
the simple fine will do so in writing on forms provided by the Police
Department during the above stated times. At the time of filing of the
contest, a date and time of court appearance will be established and
notice thereof provided to the person contesting the citation. The person
contesting the simple fine will be required to post an unsecured
appearance bond in the amount specified pursuant to Section 805.6(1) of
the Code of Iowa providing for the setting of unsecured appearance
bonds of a scheduled fine. The department shall then file a complaint
with the office of the Clerk of Dallas County District Court.
(Ord. 878 – Mar. 09 Supp.)
70.04 PARKING VIOLATIONS: VEHICLE UNATTENDED. When a

vehicle is parked in violation of any provision of the Traffic Code, and the
driver is not present, the notice of fine or citation as herein provided shall be
attached to the vehicle in a conspicuous place.
70.05 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In

any proceeding charging a standing or parking violation, a prima facie
presumption that the registered owner was the person who parked or placed
such vehicle at the point where, and for the time during which, such violation
occurred, shall be raised by proof that:
1. Described Vehicle. The particular vehicle described in the
information was parked in violation of the Traffic Code, and
2. Registered Owner. The defendant named in the information was
the registered owner at the time in question.
70.06 IMPOUNDING VEHICLES. A peace officer is hereby authorized to

remove, or cause to be removed, a vehicle from a street, public alley, public
parking lot or highway to the nearest garage or other place of safety, or to a
garage designated or maintained by the City, under the circumstances
hereinafter enumerated:
1. Disabled Vehicle. When a vehicle is so disabled as to constitute
an obstruction to traffic and the person or persons in charge of the

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vehicle are by reason of physical injury incapacitated to such an extent

as to be unable to provide for its custody or removal.
2. Illegally Parked Vehicle. When any vehicle is left unattended and
is so illegally parked as to constitute a definite hazard or obstruction to
the normal movement of traffic.
3. Snow Removal. When any vehicle is left parked in violation of a
ban on parking during snow removal operations.
4. Parked Over Forty-eight Hour Period. When any vehicle is left
parked for a continuous period of forty-eight (48) hours or more. If the
owner is found, the owner shall be given an opportunity to remove the
vehicle.
5. Costs. In addition to the standard penalties provided, the owner
or driver of any vehicle impounded for the violation of any of the
provisions of this chapter shall be required to pay the reasonable cost of
towing and storage.

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CHAPTER 75
ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.01 Purpose 75.05 Operation of All-Terrain Vehicles
75.02 Definitions 75.06 Hours of Operation
75.03 General Regulations 75.07 Negligence
75.04 Operation of Snowmobiles 75.08 Accident Reports
75.01 PURPOSE. The purpose of this chapter is to regulate the operation of

all-terrain vehicles and snowmobiles within the City.
75.02 DEFINITIONS. For use in this chapter the following terms are
defined:
1. “All-terrain vehicle” or “ATV” means a motorized flotation-tire
vehicle with not less than three (3) low pressure tires, but not more than
six (6) low pressure tires, or a two-wheeled, off-road motorcycle, that is
limited in engine displacement to less than eight hundred (800) cubic
centimeters and in total dry weight to less than eight hundred fifty (850)
pounds and that has a seat or saddle designed to be straddled by the
operator and handlebars for steering control. Two-wheeled, off-road
motorcycles shall be considered all-terrain vehicles only for the purpose
of titling and registration. An operator of a two-wheeled, off-road
motorcycle is exempt from the safety instruction and certification
program requirements of Section 321I.24 and 321I.25 of the Code of
Iowa.
(Code of Iowa, Sec. 321I.1[1])
2. “Snowmobile” means a motorized vehicle weighing less than one
thousand (1,000) pounds which uses sled-type runners or skis, endless
belt-type tread, or any combination of runners, skis or tread, and is
designed for travel on snow or ice.
(Code of Iowa, Sec. 321G.1 [18])
75.03 GENERAL REGULATIONS. No person shall operate an ATV

within the City in violation of Chapter 321I of the Code of Iowa or a
snowmobile within the City in violation of the provisions of Chapter 321G of
the Code of Iowa or in violation of rules established by the Natural Resource
Commission of the Department of Natural Resources governing their
registration, numbering, equipment and manner of operation.
(Code of Iowa, Ch. 321G & Ch. 321I)

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CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
75.04 OPERATION OF SNOWMOBILES. The operators of snowmobiles

shall comply with the following restrictions as to where snowmobiles may be
operated within the City:
1. Streets. Snowmobiles shall be operated only upon streets which
have not been plowed during the snow season and on such other streets
as may be designated by resolution of the Council.
(Code of Iowa, Sec. 321G.9[4a])
2. Exceptions. Snowmobiles may be operated on prohibited streets
only under the following circumstances:
A. Emergencies. Snowmobiles may be operated on any street
in an emergency during the period of time when and at locations
where snow upon the roadway renders travel by conventional
motor vehicles impractical.
(Code of Iowa, Sec. 321G.9[4c])
B. Direct Crossing. Snowmobiles may make a direct crossing
of a prohibited street provided all of the following occur:
(1) The crossing is made at an angle of approximately
ninety degrees (90°) to the direction of the street and at a
place where no obstruction prevents a quick and safe
crossing;
(2) The snowmobile is brought to a complete stop
before crossing the street;
(3) The driver yields the right-of-way to all on-coming
traffic which constitutes an immediate hazard; and
(4) In crossing a divided street, the crossing is made
only at an intersection of such street with another street.
(Code of Iowa, Sec. 321G.9[2])
3. Railroad Right-of-way. Snowmobiles shall not be operated on an
operating railroad right-of-way. A snowmobile may be driven directly
across a railroad right-of-way only at an established crossing and
notwithstanding any other provisions of law may, if necessary, use the
improved portion of the established crossing after yielding to all
oncoming traffic.
(Code of Iowa, Sec. 321G.13[1h])
4. Trails. Snowmobiles shall not be operated on all-terrain vehicle
trails except where so designated.
(Code of Iowa, Sec. 321G.9[4 g])

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5. Parks and Other City Land. Snowmobiles shall not be operated in

any park, playground or upon any other City-owned property without the
express permission of the City. A snowmobile shall not be operated on
any City land without a snow cover of at least one-tenth of one inch.
6. Sidewalk or Parking. Snowmobiles shall not be operated upon
the public sidewalk or that portion of the street located between the curb
line and the sidewalk or property line commonly referred to as the
“parking” except for purposes of crossing the same to a public street
upon which operation is authorized by this chapter.
75.05 OPERATION OF ALL-TERRAIN VEHICLES. The operators of

ATVs shall comply with the following restrictions as to where ATVs may be
operated within the City:
1. Streets. ATVs may be operated on streets only in accordance
with Section 321.234A of the Code of Iowa or on such streets as may be
designated by resolution of the Council for the sport of driving ATVs.
(Code of Iowa, Sec. 321I.10[1& 2A])
2. Trails. ATVs shall not be operated on snowmobile trails except
where designated.
(Code of Iowa, Sec. 321I.10[3])
3. Railroad Right-of-way. ATVs shall not be operated on an
operating railroad right-of-way. An ATV may be driven directly across
a railroad right-of-way only at an established crossing and
notwithstanding any other provisions of law may, if necessary, use the
improved portion of the established crossing after yielding to all
oncoming traffic.
(Code of Iowa, Sec. 321I.14[h])
4. Parks and Other City Land. ATVs shall not be operated in any
park, playground or upon any other City-owned property without the
express permission of the City.
5. Sidewalk or Parking. ATVs shall not be operated upon the public
sidewalk or that portion of the street located between the curb line and
the sidewalk or property line commonly referred to as the “parking.”
75.06 HOURS OF OPERATION. No ATV or snowmobile shall be

operated in the City closer than fifty (50) feet to any dwelling or building which
is usually occupied by one or more persons between the hours of eleven o’clock
(11:00) p.m. and seven o’clock (7:00) a.m. except for emergency situations or
for loading and unloading from a transport trailer.

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75.07 NEGLIGENCE. The owner and operator of an ATV or snowmobile

are liable for any injury or damage occasioned by the negligent operation of the
ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for
any such injury or damage only if the owner was the operator of the ATV or
snowmobile at the time the injury or damage occurred or if the operator had the
owner’s consent to operate the ATV or snowmobile at the time the injury or
damage occurred.
(Code of Iowa, Sec. 321G.18 & 321I.19)
75.08 ACCIDENT REPORTS. Whenever an ATV or snowmobile is

involved in an accident resulting in injury or death to anyone or property
damage amounting to one thousand dollars ($1,000.00) or more, either the
operator or someone acting for the operator shall immediately notify a law
enforcement officer and shall file an accident report, in accordance with State
law.
(Code of Iowa, Sec. 321G.10 & 321I.11)
(Ch. 75 – Ord. 825 – Oct. 04 Supp.)

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CHAPTER 76
BICYCLE, SKATEBOARD AND

IN-LINE SKATES REGULATIONS
76.01 Scope of Regulations 76.11 Improper Riding
76.02 Traffic Code Applies 76.12 Parking
76.03 Double Riding Restricted 76.13 Equipment Requirements
76.04 Two Abreast Limit 76.14 License Required
76.05 Bicycle Paths 76.15 Application for License
76.06 Speed 76.16 Duration and Renewal of License
76.07 Emerging from Alley or Driveway 76.17 Registration of Ownership
76.08 Carrying Articles 76.18 Transfer of Ownership
76.09 Riding on Sidewalks 76.19 Penalties
76.10 Towing
76.01 SCOPE OF REGULATIONS. These regulations shall apply

whenever a bicycle is operated upon any street or upon any public path set
aside for the exclusive use of bicycles, subject to those exceptions stated herein.
(Code of Iowa, Sec. 321.236 [10])
76.02 TRAFFIC CODE APPLIES. Every person riding a bicycle or using a

skateboard or in-line skates upon a roadway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver of a vehicle by
the laws of the State declaring rules of the road applicable to vehicles or by the
traffic code of the City applicable to the driver of a vehicle, except as to those
provisions which by their nature can have no application. Whenever such
person dismounts from a bicycle or stops using the skateboard or in-line skates,
the person shall be subject to all regulations applicable to pedestrians.
76.03 DOUBLE RIDING RESTRICTED. A person propelling a bicycle

shall not ride other than astride a permanent and regular seat attached thereto.
No bicycle shall be used to carry more persons at one time than the number for
which it is designed and equipped.
(Code of Iowa, Sec. 321.234 [3 and 4])
76.04 TWO ABREAST LIMIT. Persons riding bicycles upon a roadway

shall not ride more than two (2) abreast except on paths or parts of roadways set
aside for the exclusive use of bicycles. All bicycles ridden on the roadway shall
be kept to the right and shall be operated as near as practicable to the right-hand
edge of the roadway.
(Code of Iowa, Sec. 321.236 [10])

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CHAPTER 76 BICYCLE, SKATEBOARD AND
76.05 BICYCLE PATHS. Whenever a usable path for bicycles has been
provided adjacent to a roadway, bicycle riders shall use such path and shall not
use the roadway.
(Code of Iowa, Sec. 321.236 [10])
76.06 SPEED. No person shall operate a bicycle, skateboard or in-line skates

at a speed greater than is reasonable and prudent under the conditions then
existing.
(Code of Iowa, Sec. 321.236 [10])
76.07 EMERGING FROM ALLEY OR DRIVEWAY. The operator of a

bicycle, skateboard or in-line skates emerging from an alley, driveway or
building shall, upon approaching a sidewalk or the sidewalk area extending
across any alleyway, yield the right-of-way to all pedestrians approaching on
said sidewalk or sidewalk area, and upon entering the roadway shall yield the
right-of-way to all vehicles approaching on said roadway.
(Code of Iowa, Sec. 321.236 [10])
76.08 CARRYING ARTICLES. No person operating a bicycle shall carry

any package, bundle or article which prevents the rider from keeping at least
one hand upon the handle bars.
(Code of Iowa, Sec. 321.236 [10])
76.09 RIDING ON SIDEWALKS. The following shall apply to riding

bicycles, skateboards or in-line skates on sidewalks:
1. Business District. No person shall ride a bicycle, skateboard or
in-line skates upon a sidewalk within the Business District, as defined in
Section 60.02(1) of this Code of Ordinances.
(Code of Iowa, Sec. 321.236 [10])
2. Other Locations. When signs are erected on any sidewalk or
roadway prohibiting the riding of bicycles, skateboards or in-line skates
thereon by any person, no person shall disobey the signs.
(Code of Iowa, Sec. 321.236 [10])
3. Yield Right-of-way. Whenever any person is riding a bicycle,
skateboard or in-line skates upon a sidewalk, such person shall yield the
right-of-way to any pedestrian and shall give audible signal before
overtaking and passing.
(Code of Iowa, Sec. 321.236 [10])

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76.10 TOWING. It is unlawful for any person riding a bicycle, skateboard or

in-line skates to be towed or to tow any other vehicle upon the streets of the
City.
76.11 IMPROPER RIDING. No person shall ride a bicycle, skateboard or

in-line skates in an irregular or reckless manner such as zigzagging, stunting,
speeding or otherwise so as to disregard the safety of the operator or others.
76.12 PARKING. No person shall park a bicycle upon a street other than
upon the roadway against the curb or upon the sidewalk in a rack to support the
bicycle or against a building or at the curb, in such a manner as to afford the
least obstruction to pedestrian traffic.
(Code of Iowa, Sec. 321.236 [10])
76.13 EQUIPMENT REQUIREMENTS. Every person riding a bicycle

shall be responsible for providing and using equipment as provided herein:
1. Lamps Required. Every bicycle when in use at nighttime shall be
equipped with a lamp on the front which shall emit a white light visible
from a distance of at least three hundred (300) feet to the front and with
a lamp on the rear exhibiting a red light visible from a distance of three
hundred (300) feet to the rear except that a red reflector on the rear, of a
type which shall be visible from all distances from fifty (50) feet to three
hundred (300) feet to the rear when directly in front of lawful upper
beams of headlamps on a motor vehicle, may be used in lieu of a rear
light.
2. Brakes Required. Every bicycle shall be equipped with a brake
which will enable the operator to make the braked wheel skid on dry,
level, clean pavement.
(Code of Iowa, Sec. 321.236 [10])
76.14 LICENSE REQUIRED. No person shall ride or propel a bicycle on

any street, sidewalk or upon any public path set apart for the use of bicycles
unless such bicycle is licensed by the City and there is affixed to said bicycle
such tag, sticker, plate or other device as may be issued by the City as evidence
of license.
(Code of Iowa, Sec. 321.236 [10])
76.15 APPLICATION FOR LICENSE. Application for a bicycle license

shall be made to the Police Department on forms and in a manner prescribed by
that department. There shall be a fee for licensing or registration of bicycles.

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Such fee shall be set by resolution of the Council from time to time as deemed
necessary.
76.16 DURATION AND RENEWAL OF LICENSE. The bicycle license

shall expire on July 31 five (5) years after the year of issuance or renewal.
There shall be a sixty (60) day grace period for the renewal of expired bicycle
licenses, said grace period to be the sixty (60) days between July 31 and
September 30 of the year in which a bicycle license expires.
76.17 REGISTRATION OF OWNERSHIP. All applications for a bicycle

license shall be made in the name of the owner of the bicycle to be licensed,
and the Police Department shall require reasonable proof of ownership by the
applicant. The Police Department shall cause to be kept a record of the serial
number of each license issued, the date it was issued, the name and address of
the owner of the bicycle licensed, the manufacturer serial number on the frame
of the bicycle licensed, and any other pertinent information deemed appropriate
by the Police Department.
76.18 TRANSFER OF OWNERSHIP. Whenever there shall be a change in

the ownership of a bicycle for which ownership has been registered pursuant to
this chapter, the new owner shall, within ten (10) days of transfer, show proof
of ownership to the Police Department so that the official registration may be
changed accordingly.
76.19 PENALTIES. Any person violating the provisions of this chapter may
be subject to impounding of that person’s bicycle, skateboard or in-line skates
by the Police Department, an administrative processing fee, and any applicable
fines that pertain to this chapter. The length of impoundment shall be not less
than five (5) days for the first offense, ten (10) days for a second offense, and
thirty (30) days for each additional offense thereafter. Fines and fees shall be
set by resolution of the Council from time to time as deemed necessary.

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CHAPTER 80
ABANDONED VEHICLES
80.01 Definitions 80.06 Fees for Impoundment
80.02 Authority to Take Possession of Abandoned Vehicles 80.07 Disposal of Abandoned Vehicles
80.03 Notice by Mail 80.08 Disposal of Totally Inoperable Vehicles
80.04 Notification in Newspaper 80.09 Proceeds from Sales
80.05 Extension of Time 80.10 Duties of Demolisher
defined:
1. “Abandoned vehicle” means any of the following:
A. A vehicle that has been left unattended on public property
for more than twenty-four (24) hours and lacks current
registration plates or two (2) or more wheels or other parts which
renders the vehicle totally inoperable.
B. A vehicle that has remained illegally on public property for
more than twenty-four (24) hours.
C. A vehicle that has been unlawfully parked or placed on
private property without the consent of the owner or person in
control of the property for more than twenty-four (24) hours.
D. A vehicle that has been legally impounded by order of a
police authority and has not been reclaimed for a period of ten
(10) days. However, a police authority may declare the vehicle
abandoned within the ten-day period by commencing the
notification process.
E. Any vehicle parked on the highway determined by a police
authority to create a hazard to other vehicle traffic.
F. A vehicle that has been impounded pursuant to Section
321J.4B of the Code of Iowa by order of the court and whose
owner has not paid the impoundment fees after notification by the
person or agency responsible for carrying out the impoundment
order.
2. “Demolisher” means any city or public agency organized for the
disposal of solid waste, or any person whose business it is to convert a
vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or
dismantle vehicles.

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CHAPTER 80 ABANDONED VEHICLES
3. “Police authority” means the Iowa state patrol or any law

enforcement agency of a county or city.
80.02 AUTHORITY TO TAKE POSSESSION OF ABANDONED

VEHICLES. A police authority, upon the authority’s own initiative or upon
the request of any other authority having the duties of control of highways or
traffic, shall take into custody an abandoned vehicle on public property and
may take into custody any abandoned vehicle on private property. A police
authority taking into custody an abandoned vehicle which has been determined
to create a traffic hazard shall report the reasons constituting the hazard in
writing to the appropriate authority having duties of control of the highway.
The police authority may employ its own personnel, equipment and facilities or
hire a private entity, equipment and facilities for the purpose of removing,
preserving, storing, or disposing of abandoned vehicles. If a police authority
employs a private entity to dispose of abandoned vehicles, the police authority
shall provide the private entity with the names and addresses of the registered
owners, all lienholders of record, and any other known claimant to the vehicle
or the personal property found in the vehicle.
80.03 NOTICE BY MAIL. The police authority or private entity which

takes into custody an abandoned vehicle shall notify, within twenty (20) days,
by certified mail, the last known registered owner of the vehicle, all lienholders
of record, and any other known claimant to the vehicle or to personal property
found in the vehicle, addressed to their last known addresses of record, that the
abandoned vehicle has been taken into custody. Notice shall be deemed given
when mailed. The notice shall describe the year, make, model and serial
number of the vehicle, describe the personal property found in the vehicle, set
forth the location of the facility where the vehicle is being held, and inform the
persons receiving the notice of their right to reclaim the vehicle and personal
property within ten (10) days after the effective date of the notice upon payment
of all towing, preservation, and storage charges resulting from placing the
vehicle in custody and upon payment of the costs of the notice. The notice
shall also state that the failure of the owner, lienholders or claimants to exercise
their right to reclaim the vehicle or personal property within the time provided
shall be deemed a waiver by the owner, lienholders and claimants of all right,
title, claim and interest in the vehicle or personal property and that failure to
reclaim the vehicle or personal property is deemed consent to the sale of the
vehicle at a public auction or disposal of the vehicle to a demolisher and to
disposal of the personal property by sale or destruction. The notice shall state
that any person claiming rightful possession of the vehicle or personal property
who disputes the planned disposition of the vehicle or property by the police
authority or private entity or of the assessment of fees and charges provided by

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this section may ask for an evidentiary hearing before the police authority to
contest those matters. If the persons receiving the notice do not ask for a
hearing or exercise their right to reclaim the vehicle or personal property within
the ten (10) day reclaiming period, the owner, lienholders or claimants shall no
longer have any right, title, claim, or interest in or to the vehicle or the personal
property. A court in any case in law or equity shall not recognize any right,
title, claim, or interest of the owner, lienholders or claimants after the expiration
of the ten (10) day reclaiming period.
80.04 NOTIFICATION IN NEWSPAPER. If the identity of the last

registered owner cannot be determined, or if the registration contains no address
for the owner, or if it is impossible to determine with reasonable certainty the
identity and addresses of all lienholders, notice by one publication in one
newspaper of general circulation in the area where the vehicle was abandoned
shall be sufficient to meet all requirements of notice under Section 80.03. The
published notice may contain multiple listings of abandoned vehicles and
personal property but shall be published within the same time requirements and
contain the same information as prescribed for mailed notice in Section 80.03.
(Code of Iowa, Sec. 321.89[3b])
80.05 EXTENSION OF TIME. The owner, lienholders or claimants may,

by written request delivered to the police authority or private entity prior to the
expiration of the ten (10) day reclaiming period, obtain an additional five (5)
days within which the motor vehicle or personal property may be reclaimed.
80.06 FEES FOR IMPOUNDMENT. The owner, lienholder or claimant

shall pay three dollars ($3.00) if claimed within five (5) days of impounding,
plus one dollar ($1.00) for each additional day within the reclaiming period plus
towing charges if stored by the City, or towing and storage fees, if stored in a
public garage, whereupon said vehicle shall be released. The amount of towing
charges, and the rate of storage charges by privately owned garages, shall be
established by such facility.
80.07 DISPOSAL OF ABANDONED VEHICLES. If an abandoned

vehicle has not been reclaimed as provided herein, the police authority or
private entity shall make a determination as to whether or not the motor vehicle
should be sold for use upon the highways, and shall dispose of the motor
vehicle in accordance with State law.

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80.08 DISPOSAL OF TOTALLY INOPERABLE VEHICLES. The City

or any person upon whose property or in whose possession is found any
abandoned motor vehicle, or any person being the owner of a motor vehicle
whose title certificate is faulty, lost or destroyed, may dispose of such motor
vehicle to a demolisher for junk, without a title and without notification
procedures, if such motor vehicle lacks an engine or two (2) or more wheels or
other structural part which renders the vehicle totally inoperable. The police
authority shall give the applicant a certificate of authority. The applicant shall
then apply to the County Treasurer for a junking certificate and shall surrender
the certificate of authority in lieu of the certificate of title.
(Code of Iowa, Sec. 321.90[2e])
80.09 PROCEEDS FROM SALES. Proceeds from the sale of any

abandoned vehicle shall be applied to the expense of auction, cost of towing,
preserving, storing and notification required, in accordance with State law.
Any balance shall be held for the owner of the motor vehicle or entitled
lienholder for ninety (90) days, and then shall be deposited in the State Road
Use Tax Fund. Where the sale of any vehicle fails to realize the amount
necessary to meet costs the police authority shall apply for reimbursement from
the Department of Transportation.
80.10 DUTIES OF DEMOLISHER. Any demolisher who purchases or

otherwise acquires an abandoned motor vehicle for junk shall junk, scrap,
wreck, dismantle or otherwise demolish such motor vehicle. A demolisher
shall not junk, scrap, wreck, dismantle or demolish a vehicle until the
demolisher has obtained the junking certificate issued for the vehicle.

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CHAPTER 81
RAILROAD REGULATIONS
81.01 Definitions 81.03 Obstructing Streets
81.02 Warning Signals 81.04 Crossing Maintenance
defined:
1. “Railroad train” means an engine or locomotive, with or without
cars coupled thereto, operated upon rails.
2. “Operator” means any individual, partnership, corporation or
other association which owns, operates, drives or controls a railroad
train.
81.02 WARNING SIGNALS. Operators shall sound a horn at least one

thousand (1,000) feet before a street crossing is reached and after sounding the
horn, shall ring the bell continuously until the crossing is passed.
(Code of Iowa, Sec. 327G.13)
81.03 OBSTRUCTING STREETS. Operators shall not operate any train in

such a manner as to prevent vehicular use of any highway, street or alley for a
period of time in excess of ten (10) minutes except:
(Code of Iowa, Sec. 327G.32)
1. Comply with Signals. When necessary to comply with signals
affecting the safety of the movement of trains.
2. Avoid Striking. When necessary to avoid striking any object or
person on the track.
3. Disabled. When the train is disabled.
4. Safety Regulations. When necessary to comply with
governmental safety regulations including, but not limited to, speed
ordinances and speed regulations.
5. In Motion. When the train is in motion except while engaged in
switching operations.
6. No Traffic. When there is no vehicular traffic waiting to use the
crossing.

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CHAPTER 81 RAILROAD REGULATIONS
An employee is not guilty of a violation of this section if the employee’s action

was necessary to comply with the direct order or instructions of a railroad
corporation or its supervisors. Guilt is then with the railroad corporation.
81.04 CROSSING MAINTENANCE. Operators shall construct and

maintain good, sufficient and safe crossings over any street traversed by their
rails.
(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943])

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CHAPTER 90
WATER SERVICE SYSTEM
90.01 BOARD OF TRUSTEES. The management of the City’s Waterworks

Utility is the responsibility of the Utility Board of Trustees established and
operated as described in Chapter 25 of this Code of Ordinances.

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CHAPTER 90 WATER SERVICE SYSTEM
°°°°°°°°°°

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CHAPTER 91
WATER CONSERVATION
91.01 Purpose 91.05 Penalties
91.02 Water Shortages 91.06 Water Appeal Board
91.03 Conditions 91.07 Municipal Infraction
91.04 General Procedure 91.08 Reduction in Flow of Water to Any Person
91.01 PURPOSE. The purpose of this chapter is to protect the health, safety
and welfare of the citizens of the City by providing for an orderly process for
the conservation of water in the event of a water shortage as determined by the
Council.
91.02 WATER SHORTAGES. When the City’s water supply becomes

insufficient to meet all customary and usual demands, the Council may
establish, and declare by resolution, a public Water Watch, Water Warning or
Water Emergency, during which time the following measures and provisions
shall be in effect to produce an orderly and equitable reduction of water
consumption until, by resolution, the Council finds and declares the water
shortage condition to be ended.
91.03 CONDITIONS.
1. Water Watch. A Water Watch may be declared when a water
shortage poses a potential threat to the ability of the water system to
meet the needs of its customers currently or in the foreseeable future.
Indicators of the need to impose a Water Watch include, but are not
limited to:
A. System operating at seventy-five percent (75%) of
pumping capacity;
B. Moderate decrease in the pumping water level of wells; or
C. Moderate decrease in recovery rate of water level in wells.
2. Water Warning. A Water Warning may be declared when a water
shortage poses a serious threat to the ability of the water system to meet
the needs of its customers currently and in the foreseeable future.
Indicators of the need to impose a Water Warning include, but are not
limited to:
A. System operating at eighty-five percent (85%) of pumping
capacity;

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CHAPTER 91 WATER CONSERVATION
B. Significant decrease in the pumping water level of wells;

or
C. Significant decrease in recovery rate of water level in
wells.
3. Water Emergency. A Water Emergency may be declared when a
water shortage poses a serious threat to the ability of the water system to
meet the needs of its customers. Indicators of the need to impose a
Water Emergency include, but are not limited to:
A. System operating at ninety-five percent (95%) of pumping
capacity; and
B. Serious decrease in recovery rate of water level in wells.
91.04 GENERAL PROCEDURE.

1. Water Watch. Under a Water Watch, all customers of the
Municipal Water Service are encouraged to limit or curtail all
nonessential uses of water between the hours of eight o’clock (8:00) a.m.
and ten o’clock (10:00) p.m. in order to conserve precious water
resources. Customers are encouraged to comply with the following
voluntary standards:
A. No watering of lawns, shrubs or gardens.
B. No water should be used to wash streets, parking lots,
driveways, sidewalks or building exteriors.
C. No water should be used for nonessential cleaning of
commercial and industrial equipment, machinery and interior
spaces.
D. Water should be served at restaurants only upon the
request of the customer.
E. Voluntary reduction of use of water.
2. Water Warning. Under a Water Warning, no user shall use
processed water of the Municipal Water Service in any manner contrary
to the following:
A. Outdoor watering or irrigation of lawn is prohibited.
B. Watering or irrigation of flower and vegetable gardens,
trees and shrubs less than 4 years old and new seedlings or sod is
permitted once per week with an application not to exceed one (1)
inch. Watering is to be done between the hours of ten o’clock
(10:00) p.m. and eight o’clock (8:00) a.m.

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C. Car washing is prohibited except in commercial

establishments that provide that service.
D. No water shall be used to fill private swimming pools,
children’s wading pools, reflecting pools or any other outdoor
pool or pond.
E. No water shall be used to wash streets, parking lots,
driveways, sidewalks or building exteriors.
F. No water shall be used for nonessential cleaning of
commercial and industrial equipment, machinery and interior
spaces.
G. Water shall be served at restaurants only upon the request
of the customer.
H. Tank water sales may be limited based on previous usage.
Water reclaimed or recycled after some other primary use, such as water
that has been used for washing or cooling, may be used without
restriction. Additionally, water derived from sources other than the City
Water Utility may be used without restriction.
3. Water Emergency. Under a Water Emergency, the following
restrictions will be in effect:
A. All outside water use, except for fire and health hazard
prevention, is prohibited.
B. All commercial and industrial uses of water not essential in
providing products or services is prohibited.
C. Water use not necessary for the preservation of life or the
general welfare of the community is prohibited.
4. Water Emergency Base Allocation. Under a Water Emergency,
each user (including the City) will be afforded a monthly allocation of
water.
A. Base Allocation. The base allocation of water for
residential use shall be 3,000 gallons per household per billing
period. For commercial, industrial or institutional use, the base
allocation shall be established by resolution as a percentage of the
average water used during the previous winter (November
through April).
B. Appeal and Adjustment of the Base Allocation. Any
person may file an appeal with the Water Appeal Board to adjust

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the base allocation amount. The Water Appeal Board may grant
an adjustment to the appellant based on the following criteria:
(1) For single-family residential use, the base allocation
may be increased by 1,000 gallons per person per billing
period at the appellant’s residence for a period of more
than thirty (30) days.
(2) For commercial, industrial, institutional or other
residential uses, the base allocation may be increased based
upon factors appropriate to the individual customer, such
as usage, production, service and occupancy data provided
by the customer.
C. Premium Rate for Imprudent Consumption. In addition to
the water rates, all persons shall pay a premium rate of $1.00 per
100 gallons of water consumed in excess of the base allocation.
D. Adjustment of Premium Rate Charges. Any person may
file for adjustment of the premium rate charges for imprudent
water consumption with the Water Appeal Board. The Water
Appeal Board may grant an adjustment of the premium rate
charges in accordance with the following criteria:
(1) Adjustments may be granted for over-consumption
due to mechanical failures such as broken or leaky pipes or
fixtures but not for over-consumption due to human
carelessness.
(2) The applicant shall furnish proof that the
mechanical failure was repaired promptly. This should be
in the form of a licensed plumber’s invoice or statement or
a materials receipt.
(3) The adjustment shall be granted only for the billing
period prior to the correction of the failure.
(4) For those accounts granted an adjustment of the
premium rate charges, the minimum adjusted rate shall be
forty percent (40%) of the actual bill, which shall include
the premium rate charges and sales tax.
91.05 PENALTIES. The following penalties shall apply for violations of

Water Warning or Water Emergency use restrictions imposed under this
chapter.

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1. First Violation. For a first violation, the utility shall issue a

written notice of violation to the water user violating the water use
restrictions imposed during a Water Warning or Water Emergency.
2. Second Violation. For a second violation within a Water
Warning or Water Emergency, a one-month surcharge shall be imposed
in an amount equal to fifty percent (50%) of the previous month’s water
bill.
3. Subsequent Violations. For any subsequent violation within the
Water Warning or Water Emergency, a one-month surcharge shall be
imposed in an amount equal to fifty percent (50%) of the previous
month’s water bill and, in addition, the utility shall interrupt water
service to that customer at the premises at which the violation occurred.
Service shall not be restored until the customer has paid the reconnection
fee and has provided reasonable assurance that future violations of Water
Warning or Water Emergency use restrictions will not occur.
Any customer charged with a violation of the Water Warning or Water

Emergency use restriction may request a hearing before the Water Appeal
Board. The Water Appeal Board may conclude that a violation did not occur or
that the circumstances under which the violation occurred warrant a complete
or partial mitigation of the penalty.
91.06 WATER APPEAL BOARD. A Water Appeal Board shall be

appointed during any Water Warning or Water Emergency. The Water Appeal
Board shall consist of the Mayor, the Superintendent of the Water System, and
three representatives of the community who shall be appointed by the Mayor
with the approval of the Council. The Water Appeal Board shall hear appeals
of any action taken pursuant to a Water Warning or Water Emergency except
that, if a customer is charged with a municipal infraction relating to this
chapter, that proceeding shall be conducted pursuant to Section 364.22 of the
Code of Iowa.
91.07 MUNICIPAL INFRACTION. A second or subsequent violation of

the Water Warning or Water Emergency use restrictions by any person within a
twelve-month period constitutes a municipal infraction. Any person who, in
making application to the Water Appeal Board for adjustment of the base
allocation or premium charges, intentionally provides false or incorrect
statements or information commits a municipal infraction.
91.08 REDUCTION IN FLOW OF WATER TO ANY PERSON. The

Superintendent is authorized, after giving notice and opportunity for hearing

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before the Water Appeal Board, to reduce the flow of water to any person
determined to be using water in any manner not in accordance with this chapter
during a Water Warning or Water Emergency.

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CHAPTER 95
SANITARY SEWER SYSTEM

95.01 Purpose 95.06 Service Outside the City
95.02 Definitions 95.07 Right of Entry
95.03 Superintendent 95.08 Use of Easements
95.04 Prohibited Acts 95.09 Special Penalties
95.05 Sewer Connection Required 95.10 Sump Pump Inspection Program
95.01 PURPOSE. The purpose of the chapters of this Code of Ordinances

pertaining to Sanitary Sewers is to establish rules and regulations governing the
treatment and disposal of sanitary sewage within the City in order to protect the
public health, safety and welfare.
95.02 DEFINITIONS. For use in these chapters, unless the context

specifically indicates otherwise, the following terms are defined:
1. “B.O.D.” (denoting Biochemical Oxygen Demand) means the
quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at twenty
(20) degrees C., expressed in milligrams per liter or parts per million.
2. “Building drain” means that part of the lowest horizontal piping
of a building drainage system which receives the discharge from soil,
waste, and other drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning five (5) feet (1.5 meters)
outside the inner face of the building wall.
3. “Building sewer” means that part of the horizontal piping from
the building wall to its connection with the main sewer or the primary
treatment portion of an on-site wastewater treatment and disposal system
conveying the drainage of one building site.
4. “Combined sewer” means a sewer receiving both surface run-off
and sewage.
5. “Customer” means any person responsible for the production of
domestic, commercial or industrial waste which is directly or indirectly
discharged into the public sewer system.
6. “Garbage” means solid wastes from the domestic and commercial
preparation, cooking, and dispensing of food, and from the handling,
storage and sale of produce.

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CHAPTER 95 SANITARY SEWER SYSTEM
7. “Industrial wastes” means the liquid wastes from industrial

manufacturing processes, trade, or business as distinct from sanitary
sewage.
8. “Inspector” means the person duly authorized by the Council to
inspect and approve the installation of building sewers and their
connections to the public sewer system; and to inspect such sewage as
may be discharged therefrom.
9. “Natural outlet” means any outlet into a watercourse, pond, ditch,
lake, or other body of surface or groundwater.
10. “On-site wastewater treatment and disposal system” means all
equipment and devices necessary for proper conduction, collection,
storage, treatment, and disposal of wastewater from four or fewer
dwelling units or other facilities serving the equivalent of fifteen persons
(1500 gpd) or less.
11. “pH” means the logarithm of the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
12. “Public sewer” means a sewer in which all owners of abutting
properties have equal rights, and is controlled by public authority.
13. “Sanitary sewage” means sewage discharging from the sanitary
conveniences of dwellings (including apartment houses and hotels),
office buildings, factories or institutions, and free from storm, surface
water, and industrial waste.
14. “Sanitary sewer” means a sewer which carries sewage and to
which storm, surface, and groundwaters are not intentionally admitted.
15. “Sewage” means a combination of the water-carried wastes from
residences, business buildings, institutions, and industrial establishments,
together with such ground, surface, and storm waters as may be present.
16. “Sewage treatment plant” means any arrangement of devices and
structures used for treating sewage.
17. “Sewage works” or “sewage system” means all facilities for
collecting, pumping, treating, and disposing of sewage.
18. “Sewer” means a pipe or conduit for carrying sewage.
19. “Sewer service charges” means any and all charges, rates or fees
levied against and payable by customers, as consideration for the
servicing of said customers by said sewer system.
20. “Slug” means any discharge of water, sewage, or industrial waste
which in concentration of any given constituent or in quantity of flow

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exceeds for any period of duration longer than fifteen (15) minutes more
than five (5) times the average twenty-four (24) hour concentration or
flows during normal operation.
21. “Storm drain” or “storm sewer” means a sewer which carries
storm and surface waters and drainage but excludes sewage and
industrial wastes, other than unpolluted cooling water.
22. “Superintendent” means the Superintendent of sewage works
and/or of water pollution control of the City or any authorized deputy,
agent, or representative.
23. “Suspended solids” means solids that either float on the surface
of, or are in suspension in water, sewage, or other liquids, and which are
removable by laboratory filtering.
24. “Watercourse” means a channel in which a flow of water occurs,
either continuously or intermittently.
95.03 SUPERINTENDENT. The Superintendent shall exercise the

1. Operation and Maintenance. Operate and maintain the City
sewage system.
2. Inspection and Tests. Conduct necessary inspections and tests to
assure compliance with the provisions of these Sanitary Sewer chapters.
3. Records. Maintain a complete and accurate record of all sewers,
sewage connections and manholes constructed showing the location and
grades thereof.
95.04 PROHIBITED ACTS. No person shall do, or allow, any of the

following:
1. Damage Sewer System. Maliciously, willfully, or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the sewer system.
2. Surface Run-off or Groundwater. Connect a roof downspout,
sump pump, exterior foundation drain, areaway drain, or other source of
surface run-off or groundwater to a building sewer or building drain
which in turn is connected directly or indirectly to a public sanitary
sewer.
3. Manholes. Open or enter any manhole of the sewer system,
except by authority of the Superintendent.

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4. Objectionable Wastes. Place or deposit in any unsanitary manner

on public or private property within the City, or in any area under the
jurisdiction of the City, any human or animal excrement, garbage, or
other objectionable waste.
5. Septic Tanks. Construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for the disposal of
sewage except as provided in these chapters.
(Code of Iowa, Sec. 364.12[3f])
6. Untreated Discharge. Discharge to any natural outlet within the
City, or in any area under its jurisdiction, any sanitary sewage, industrial
wastes, or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of these chapters.
95.05 SEWER CONNECTION REQUIRED. The owners of any houses,

buildings, or properties used for human occupancy, employment, recreation or
other purposes, situated within the City and abutting on any street, alley or
right-of-way in which there is now located, or may in the future be located, a
public sanitary or combined sewer, are hereby required to install, at such
owner’s expense, suitable toilet facilities therein and a building sewer
connecting such facilities directly with the proper public sewer, and to maintain
the same all in accordance with the provisions of these Sanitary Sewer chapters,
such compliance to be completed within sixty (60) days after date of official
notice from the City to do so provided that said public sewer is located within
one hundred fifty (150) feet of the property line of such owner and is of such
design as to receive and convey by gravity such sewage as may be conveyed to
it. Billing for sanitary sewer service will begin the date of official notice to
connect to the public sewer.
(Code of Iowa, Sec. 364.12 [3f])
(IAC, 567-69.1[3])
95.06 SERVICE OUTSIDE THE CITY. The owners of property outside

the corporate limits of the City so situated that it may be served by the City
sewer system may apply to the Council for permission to connect to the public
sewer upon the terms and conditions stipulated by resolution of the Council.
(Code of Iowa, Sec. 364.4 [2 & 3])
95.07 RIGHT OF ENTRY. The Superintendent and other duly authorized

employees of the City bearing proper credentials and identification shall be
permitted to enter all properties for the purposes of inspection, observation,
measurement, sampling, and testing in accordance with the provisions of these
Sanitary Sewer chapters. The Superintendent or representatives shall have no

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authority to inquire into any processes including metallurgical, chemical, oil,

refining, ceramic, paper, or other industries beyond that point having a direct
bearing on the kind and source of discharge to the sewers or waterways or
facilities for waste treatment.
95.08 USE OF EASEMENTS. The Superintendent and other duly

authorized employees of the City bearing proper credentials and identification
shall be permitted to enter all private properties through which the City holds a
duly negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance of any portion of
the sewage works lying within said easement. All entry and subsequent work,
if any, on said easement, shall be done in full accordance with the terms of the
duly negotiated easement pertaining to the private property involved.
95.09 SPECIAL PENALTIES. The following special penalty provisions

shall apply to violations of these Sanitary Sewer chapters:
1. Notice of Violation. Any person found to be violating any
provision of these chapters except subsections 1, 3 and 4 of Section
95.04, shall be served by the City with written notice stating the nature
of the violation and providing a reasonable time limit for the satisfactory
correction thereof. The offender shall, within the period of time stated
in such notice, permanently cease all violations.
2. Continuing Violations. Any person who shall continue any
violation beyond the time limit provided for in subsection 1 hereof shall
be in violation of this Code of Ordinances. Each day in which any such
violation shall continue shall be deemed a separate offense.
3. Liability Imposed. Any person violating any of the provisions of
these chapters shall become liable to the City for any expense, loss, or
damage occasioned the City by reason of such violation.
95.10 SUMP PUMP INSPECTION PROGRAM.

1. Properties Within City Limits. All properties within the Perry
City limits shall allow the City to conduct a sump pump inspection in
accordance with the rules, regulations and fees as established by the
Council by resolution. These inspections will begin immediately
following the effective date of the ordinance codified by this section
(September 2, 2003) and continue throughout the City until each
property has been inspected at least once.
2. Change of Ownership. All improved properties that will have
recorded at the County Recorder’s Office a transfer of title or a change
in the possessor of the property shall, within 90 days prior to the

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aforementioned, allow the City to conduct a sump pump inspection in

accordance with the rules, regulations and fees as established by the
Council by resolution.
3. Right of Spot Inspection. Any property which is suspect to
having changed the sump pump hook-up of the property following initial
inspection by the City shall be subject to another inspection. The
necessity of this inspection can be documented with changes in flow
rates for a particular area.
Enforcement of the Sump Pump Inspection Program shall be by municipal

infraction.
(Ord. 799 – Sep. 03 Supp.)

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CHAPTER 96
BUILDING SEWERS AND CONNECTIONS

96.01 Permit 96.06 Interceptors Required
96.02 Permit Fee and Connection Charge 96.07 Sewer Tap
96.03 Plumber Required 96.08 Inspection Required
96.04 Excavations 96.09 Property Owner’s Responsibility
96.05 Connection Requirements 96.10 Abatement of Violations
96.01 PERMIT. No unauthorized person shall uncover, make any

connection with or opening into, use, alter or disturb any public sewer or
appurtenance thereof without first obtaining a written permit from the City.
The application for the permit shall set forth the location and description of the
property to be connected with the sewer system and the purpose for which the
sewer is to be used, and shall be supplemented by any plans, specifications, or
other information considered pertinent. The permit shall require the owner to
complete construction and connection of the building sewer to the public sewer
within thirty (30) days after the issuance of the permit, except that when a
property owner makes sufficient showing that due to conditions beyond the
owner’s control or peculiar hardship, such time period is inequitable or unfair,
an extension of time within which to comply with the provisions herein may be
granted. Any sewer connection permit may be revoked at any time for a
violation of these chapters.
96.02 PERMIT FEE AND CONNECTION CHARGE. There are two (2)
classes of building sewer permits, one for residential and commercial service,
and one for service to establishments producing industrial wastes. The person
who makes the application for either class of permit shall pay a fee in the
amount of one hundred dollars ($100.00) to the City Clerk to cover the cost of
issuing the permit and supervising, regulating, and inspecting the work. In
addition, there shall be a charge in an amount to reimburse the City for costs
borne by the City in making the sewer tap to the property served.
(Ord. 815 – Jun. 04 Supp.)
96.03 PLUMBER REQUIRED. All installations of building sewers and

connections to the public sewer shall be made by a plumber approved by the
City. The Superintendent shall have the power to suspend the approval of any
plumber for violation of any of the provisions of these Sanitary Sewer chapters;
a suspension, unless revoked, shall continue until the next regular meeting of
the Council. The Superintendent shall notify the plumber immediately by
personal written notice of the suspension, the reasons for the suspension, and

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CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
the time and place of the Council meeting at which the plumber will be granted
a hearing. At this Council meeting the Superintendent shall make a written
report to the Council stating the reasons for the suspension, and the Council,
after fair hearing, shall affirm or revoke the suspension or take any further
action that is necessary and proper. The plumber shall provide a surety bond in
the minimum sum of five thousand dollars ($5,000.00) secured by a responsible
surety bonding company authorized to operate within the State, conditioned to
indemnify and save the City harmless against all losses or damages that may
arise from or be occasioned by the making of connections with the public
sewers or excavations therefor or by carelessness, negligence or unskillfulness
in making the same. Such bond shall remain in force and must be executed for
a period of one year except that on such expiration it shall remain in force as to
all penalties, claims and demands that may have accrued thereunder prior to
such expiration. In lieu of a surety bond, a cash deposit of five thousand dollars
($5,000.00) may be filed with the City.
96.04 EXCAVATIONS. All excavations required for the installation of a

building sewer shall be made in accordance with the following and with the
provisions of Chapter 135 where applicable.
1. Barricades and Lighting. Adequate barricades and warning lights
shall be so placed as to protect the public from hazard.
2. Public Convenience. Streets and alleys shall be opened in the
manner that will cause the least inconvenience to the public and admit
the uninterrupted passage of water along the gutter on the street.
3. Construction Methods. All excavation required for the
installation of a building sewer shall be open trench work unless
otherwise approved by the City. Pipe laying and backfill shall be
performed in accordance with A.S.T.M. Specification D2321-89, except
that no backfill shall be placed until the work has been inspected.
4. Restoration of Public Property. Streets, sidewalks, parkways and
other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the City, at the expense of the
property owner.
5. Completion by the City. Should any excavation in any street or
alley be left open or unfinished for a period of twenty-four (24) hours or
should the work be improperly done, the Superintendent shall have the
right to finish or correct such work and the expense shall be charged to
the property owner.

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96.05 CONNECTION REQUIREMENTS. Any connection with a public

sanitary sewer must be made under the direct supervision of the Superintendent
and in accordance with the following:
1. Old Building Sewers. Old building sewers may be used in
connection with new buildings only when they are found, on
examination and test conducted by the owner and observed by the
Superintendent, to meet all requirements of this chapter.
2. Separate Building Sewers. A separate and independent building
sewer shall be provided for every occupied building; except where one
building stands at the rear of another on an interior lot and no sewer is
available or can be constructed to the rear building through an adjoining
alley, court, yard, or driveway. In such cases the building sewer from
the front building may be extended to the rear building and the whole
considered as one building sewer.
3. Installation. The connection of the building sewer into the public
sewer shall conform to the requirements of Division 4, Plumbing Rules
and Regulations, of the State Building Code, applicable rules and
regulations of the City, or the procedures set forth in A.S.T.M.
Specification D2321-89. All such connections shall be made gastight
and watertight. Any deviation from the prescribed procedures and
materials must be approved by the Superintendent before installation.
4. Water Lines. When possible, building sewers should be laid at
least ten (10) feet horizontally from a water service. The horizontal
separation may be less, provided the water service line is located at one
side and at least twelve (12) inches above the top of the building sewer.
5. Size. Building sewers shall be sized for the peak expected
sewage flow from the building with a minimum building sewer size of
four (4) inches.
6. Alignment and Grade. All building sewers shall be laid to a
straight line and at a uniform grade of not less than the following:
A. Four (4) inch lines: one-fourth (¼) inch per foot.
B. Six (6) inch lines: one-eighth (1/8) inch per foot.
C. Minimum velocity of 2.00 feet per second with the sewer
half full.
D. Any deviation in alignment or grade shall be made only
with the written approval of the Superintendent and shall be made
only with approved fittings.

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7. Depth. Whenever possible, the building sewer shall be brought to

the building at an elevation below the basement floor. The depth of
cover above the sewer shall be sufficient to afford protection from frost.
8. Sewage Lifts. In all buildings in which any building drain is too
low to permit gravity flow to the public sewer, sanitary sewage carried
by such drain shall be lifted by approved artificial means and discharged
to the building sewer.
9. Pipe Specifications. Building sewer pipe shall be free from flaws,
splits, or breaks. Materials shall be as specified in Division 4 of the
State Building Code except that the building sewer pipe, from the
property line to the public sewer, shall comply with the current edition of
one of the following:
A. Clay sewer pipe - A.S.T.M. C200-69 (extra strength).
B. Extra heavy cast iron soil pipe - A.S.T.M. A74-69.
C. Cast iron water pipe - A.S.T.M. A377-66.
D. P.V.C. - A.S.T.M. D3034-97 (SDR 23.5).
10. Bearing Walls. No building sewer shall be laid parallel to, or
within three (3) feet of any bearing wall, which might thereby be
weakened.
11. Jointing. Fittings, type of joint, and jointing material shall be
compatible with the type of pipe used, subject to the approval of the
Superintendent. Solvent-welded joints are not permitted.
12. Unstable Soil. No sewer connection shall be laid so that it is
exposed when crossing any watercourse. Where an old watercourse
must of necessity be crossed or where there is any danger of
undermining or settlement, cast iron soil pipe or vitrified clay sewer pipe
thoroughly encased in concrete shall be required for such crossings.
Such encasement shall extend at least six (6) inches on all sides of the
pipe. The cast iron pipe or encased clay pipe shall rest on firm, solid
material at either end.
13. Preparation of Basement or Crawl Space. No connection for any
residence, business or other structure with any sanitary sewer shall be
made unless the basement floor is poured, or in the case of a building
with a slab or crawl space, unless the ground floor is installed with the
area adjacent to the foundation of such building cleared of debris and
backfilled. The backfill shall be well compacted and graded so that the
drainage is away from the foundation. Prior to the time the basement
floor is poured, or the first floor is installed in buildings without

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basements, the sewer shall be plugged and the plug shall be sealed by the
Superintendent. Any accumulation of water in any excavation or
basement during construction and prior to connection to the sanitary
sewer shall be removed by means other than draining into the sanitary
sewer.
96.06 INTERCEPTORS REQUIRED. The purpose of this section is to aid

in the prevention of sanitary sewer blockages and obstructions from
contribution and accumulation of fat, oil, and grease (FOG) into the WPCF.
Such discharges from commercial kitchens, restaurants, food processing
facilities and all other establishments, where fat, oil and grease (FOG) of
vegetable or animal origin are discharged directly or indirectly into the WPCF,
can contribute to line blockages and/or spills in violations of Title 40, Code of
Federal Regulations 40 CFR, Part 403.
1. Grease, oil, sludge and sand interceptors shall be provided by gas
and service stations, convenience stores, car washes, garages,
restaurants, and other facilities when, in the opinion of the Water
Pollution Control Facility Superintendent, they are necessary for the
proper handling of such wastes that contain grease in excessive amounts
or any flammable waste, sand or other harmful ingredients. Such
interceptors shall not be required for private living quarters or dwelling
units. When required, such interceptors shall be installed in accordance
with this chapter and section of the City of Perry Code of Ordinances.
2. Definitions of words and phrases used in this chapter have the
following meaning unless the context clearly indicates otherwise:
A. “Best Management Practices or BMPs” means and
includes schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to
prevent or reduce the pollution of waters of the State. For
purposes of this section, best management practices include
procedures and practices that reduce the discharge of fat, oil and
grease (FOG) to the building sewer, to the city sanitary sewer
system and to the WPCF.
B. “Design Liquid Depth” means the maximum depth of
liquid when the tank is filled with water.
C. “Food Service Establishment or FSE” means an operation
or enterprise that stores, prepares, packages, serves, vends, or
otherwise provides food for human consumption. Such facilities
may include, but are not limited to, those that process meat or
other food ingredients as an intermediate step or for final human

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consumption, food service operations in a summer camp,

residential substance abuse treatment facility, halfway house,
correctional facility, school, restaurant, commercial kitchen,
caterer, church, hotel, school, hospital, prison, correctional
facility, care institution or similar facility.
D. “Grease Interceptor” means a tank that serves one or more
fixtures and is remotely located. Grease interceptors include, but
are not limited to, tanks that capture wastewater from
dishwashers, garbage disposals, floor drains, pot and pan sinks
and trenches as allowed by local plumbing codes. For purposes
of this section, a grease interceptor is a multi-compartment tank
located underground outside of a building that reduces the amount
of FOG in wastewater prior to its discharge into the WPCF.
E. “WPCF” means Water Pollution Control Facility or
Municipal Waste Water Treatment Plant. This facility treats
sanitary waste prior to its release.
F. “Grease Trap” means a device designed to retain grease
from one to a maximum of four fixtures. Not all grease traps are
approved by the manufacturer for use on heated water (e.g.,
dishwasher) or in-line to a waste disposal unit (e.g., garbage
disposal and grinders). For the purpose of this section, a grease
trap is a small device located within a building.
G. “Minimum Design Capability” means the design features
of a grease interceptor and its ability or volume required to
effectively intercept and retain greases from grease-laden
wastewaters discharged to the WPCF.
3. Grease interceptor installation required after effective date. The
owner or operator of a building or facility likely to discharge FOG to the
WPCF, including FSEs, shall be required to install an approved grease
interceptor, and to thereafter operate and maintain same as provided in
this section if:
A. The building or facility is proposed or constructed after the
effective date; or
B. The building or facility exists on the effective date and is
thereafter expanded or renovated to include an FSE where such
FSE did not previously exist; or
C. An FSE within a building or facility exists on the effective
date and application is thereafter made for a building permit for
the facility with valuation of $50,000.00 or more.

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D. The inceptors shall be constructed of impervious material

capable of withstanding abrupt and extreme changes in
temperature. They shall be of substantial construction, watertight
and equipped with easily removable covers that shall be gastight
and watertight.
4. Exemption from grease interceptor installation requirement. A
building or facility within which an FSE is in existence on the effective
date shall be exempt from the requirement to install a grease receptor if:
A. The FSE has an existing grease interceptor or grease trap
in place as of the effective date and provided that:
(1) The owner or occupant of the FSE continues to use
the interceptor or trap.
(2) The interceptor or trap is of sufficient capacity and
design.
(3) The interceptor or trap is operated and maintained
so as to comply with FOG discharge limits.
B. Repair, remodeling or renovation of the wastewater
plumbing system in an existing FSE involves only:
(1) The repair of leaks or the clearing of stoppages in
drains, soil, waste or vent piping.
(2) The removal and reinstallation of a sink, toilet or hot
water heater; provided that such work does not involve
replacement, rearrangement or moving of wastewater
valves, traps or pipes.
5. Operation, maintenance and cleaning of grease interceptors is as
follows:
A. The owner or operator of an FSE which is required to pass
wastewater through a grease interceptor shall operate and
maintain the grease interceptor so that wastewater exiting the
grease interceptor shall not exceed four hundred (400) milligrams
per liter of FOG.
B. The owner or operator of the FSE shall cause the grease
interceptor to be cleaned as hereinafter required when FOG and
solids reach 25% of the design liquid level of the grease
interceptor, or sooner if necessary to prevent carryover of grease
from the grease interceptor into the City sanitary sewer system.
Interceptors shall be cleaned at three (3) month intervals or less.
A longer cleaning interval must be approved by the WPCF

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Director. If the owner or operator of the FSE, or an employee of

the owner or operator, and has completed to the satisfaction of the
WPCF Director, the person or persons may clean the grease
interceptor. Alternatively, the owner or operator of an FSE may
employ a waste hauler that uses the proper equipment to clean
the grease interceptor, provided that the waste hauler personnel
performing the grease interceptor cleaning has satisfactorily
completed a course of training on grease interceptor cleaning
offered by the WPCF Director of the City of Perry.
C. Any person who cleans a grease interceptor shall do so in
accordance with the following procedures and requirements. The
person cleaning the grease interceptor shall:
(1) Completely empty and remove the contents (liquids
and sludge) of all vaults of the grease interceptor, and
remove the grease mat and scrapings from the interior
walls.
(2) Not deposit waste and wastewater removed from a
grease interceptor, back into the grease interceptor from
which the waste or wastewater was removed or into any
other grease interceptor, for the purpose of reducing the
volume of waste and wastewater to be disposed of.
(3) Not introduce enzymes, emulsifying chemicals, hot
water or other agents into a grease interceptor to dissolve
or emulsify grease or as a grease abatement method.
Introduction of bacteria as a grease degradation agent is
permitted with prior written approval by the WPCF
Director.
(4) Dispose of waste and wastewater removed from a
grease interceptor at the WPCF or at a facility approved for
disposal of such waste by the WPCF Director. Waste and
wastewater removed from a grease interceptor shall not be
discharged to any private sanitary or storm sewer or to the
City sanitary or storm sewer system.
(5) Not use an automatic grease removal system to
clean a grease interceptor without prior written approval of
the WPCF Director, and if, the use of an automatic grease
removal system is approved shall operate same in a manner
that the grease wastewater discharge limit as measured
from the system’s outlet, is consistently achieved.

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D. If grease interceptor cleaning is performed by a licensed

waste hauler, the owner or operator of the FSE shall witness all
cleaning/maintenance activities to verify that the grease
interceptor is being fully cleaned and properly maintained
according to the requirement of this section.
E. The waste hauler shall provide a copy of the disposal
receipt for all waste and wastewater removed from a grease
interceptor to the owner or operator of the FSE.
F. As part of each cleaning of a grease interceptor, the owner
or operator of the FSE, or the licensed waste hauler employed by
the owner or operator, shall perform the following maintenance
activities:
(1) Check that the sanitary “tees” on the inlet and outlet
sides of the grease interceptor are not obstructed, loose, or
missing.
(2) Verify that the baffle is secure and in place.
(3) Inspect the grease interceptor for any cracks or other
defects.
(4) Check that lids are securely and properly seated after
completion or cleaning.
G. The WPCF Director may make exception to the above
requirements, or may approve alternative operational
requirements or cleaning and maintenance methods, provided that
such exceptions or approval shall be made in writing by the
WPCF Director.
6. Records and record keeping will be completed as follows:
A. Required Records. The owner or operator of an FSE
which is required to pass wastewater through a grease interceptor
or trap shall maintain a written record of grease interceptor or trap
maintenance, including a log showing the dates upon which the
grease interceptor or trap was inspected and the estimated amount
of FOG present in the grease interceptor or trap at each
inspection, the date upon which waste and wastewater was
removed from the grease interceptor or trap and disposed of, and
the location and means of such disposal of waste and wastewater,
and the name and employer or the person or persons performing
each of the placement of any approved or unapproved additive
into the grease interceptor, grease trap or building sewer on a
constant, regular or scheduled basis, including the type and

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amount of additive placed on each such occasion. Only additives

approved by the WPCF Director pursuant to section
96.06(5B),(5C) may be used in a grease interceptor.
B. Record Keeping. The log shall at all times be kept and
maintained on a day-to-day basis, so as to show a record of waste
and wastewater removal, waste and wastewater disposal and
approved additive placement for a continuous period of three (3)
years. All such records shall be kept secure at the premises of the
FSE for a continuous period of three (3) years and shall be made
available for non-routine inspection by the City of Perry, the
WPCF Director and its operation contractor, or the employees and
agents of any of them at any time during normal business hours.
7. Inspection of grease interceptors and related sewers and
equipment. The owner or operator of an FSE which is required to pass
its wastewater through a grease interceptor shall:
A. Provide, operate and maintain, at its expense, safe and
accessible monitoring facilities (such as a suitable manhole), and
shall make such monitoring facilities available for inspection, and
for sampling and flow measurement of the building sewer or
internal drainage systems. There shall be ample room in or near
such monitoring facility to allow accurate sampling and
preparation of samples for analysis.
B. Shall allow personnel authorized by the WPCF Director or
by the City Building Official or designee, bearing proper
credentials and identification, to enter upon or into any building,
facility or property housing an FSE at any reasonable time and
without prior notification, for the purpose of inspection,
observation, measurement, sampling, testing or record review, in
accordance with this section.
C. Shall, upon request by the WPCF Director’s authorized
representative, open any grease interceptor for the purpose of
confirming that maintenance frequency is appropriate, that all
necessary parts of the installation are in place, including but not
limited to, baffles, and effluent tees, and that all grease
interceptors and related equipment and piping is maintained in
efficient operating condition.
D. Shall accommodate compliance inspections and sampling
events by the authorized representatives of the WPCF Director or
of the City Building Official. Staff may conduct routine
inspections and sampling event of any food service establishment.

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Non-routine inspection and sampling events shall occur more

frequently when there is a history of noncompliance with this
section and when blockages occur in the City’s sanitary sewer
system downstream of the FSE.
(Ord. 882 – Jan. 10 Supp.)
96.07 SEWER TAP. Connection of the building sewer into the public sewer
shall be made at the “Y” branch, if such branch is available at a suitable
location. If no properly located “Y” branch is available, the property owner
shall at the owner’s expense install a “Y” saddle in the public sewer at the
location specified by the Superintendent. At no time shall a building sewer be
constructed so as to enter a manhole unless special written permission is
received from the Superintendent and in accordance with the Superintendent’s
direction if such connection is approved.
96.08 INSPECTION REQUIRED. All connections with the sanitary sewer

system before being covered shall be inspected and approved, in writing, by the
Superintendent. As soon as all pipe work from the public sewer to inside the
building has been completed, and before any backfilling is done, the
Superintendent shall be notified and the Superintendent shall inspect and test
the work as to workmanship and material; no sewer pipe laid under ground
shall be covered or trenches filled until after the sewer has been so inspected
and approved. If the Superintendent refuses to approve the work, the plumber
or owner must proceed immediately to correct the work.
96.09 PROPERTY OWNER’S RESPONSIBILITY. All costs and

expenses incident to the installation, connection and maintenance of the
building sewer shall be borne by the owner. The owner shall indemnify the
City from any loss or damage that may directly or indirectly be occasioned by
the installation of the building sewer.
96.10 ABATEMENT OF VIOLATIONS. Construction or maintenance of

building sewer lines whether located upon the private property of any owner or
in the public right-of-way, which construction or maintenance is in violation of
any of the requirements of this chapter, shall be corrected, at the owner’s
expense, within thirty (30) days after date of official notice from the Council of
such violation. If not made within such time the Council shall, in addition to
the other penalties herein provided, have the right to finish and correct the work
and assess the cost thereof to the property owner. Such assessment shall be
collected with and in the same manner as general property taxes.

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CHAPTER 97
USE OF PUBLIC SEWERS

97.01 Storm Water 97.05 Restricted Discharges - Powers
97.02 Surface Waters Exception 97.06 Special Facilities
97.03 Prohibited Discharges 97.07 Control Manholes
97.04 Restricted Discharges 97.08 Testing of Wastes
97.01 STORM WATER. No person shall discharge or cause to be

discharged any storm water, surface water, groundwater, roof run-off, sub-
surface drainage, uncontaminated cooling water, or unpolluted industrial
process waters to any sanitary sewer. Storm water and all other unpolluted
drainage shall be discharged to such sewers as are specifically designated as
combined sewers or storm sewers, or to a natural outlet approved by the
Superintendent. Industrial cooling water or unpolluted process waters may be
discharged on approval of the Superintendent, to a storm sewer, combined
sewer, or natural outlet.
97.02 SURFACE WATERS EXCEPTION. Special permits for discharging

surface waters to a public sanitary sewer may be issued by the Council upon
recommendation of the Superintendent where such discharge is deemed
necessary or advisable for purposes of flushing, but any permit so issued shall
be subject to revocation at any time when deemed to the best interests of the
sewer system.
97.03 PROHIBITED DISCHARGES. No person shall discharge or cause

to be discharged any of the following described waters or wastes to any public
sewers:
1. Flammable or Explosive Material. Any gasoline, benzene,
naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
2. Toxic or Poisonous Materials. Any waters or wastes containing
toxic or poisonous solids, liquids or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the receiving waters of
the sewage treatment plant, including but not limited to cyanides in
excess of two (2) milligrams per liter as CN in the wastes as discharged
to the public sewer.

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CHAPTER 97 USE OF PUBLIC SEWERS
3. Corrosive Wastes. Any waters or wastes having a pH lower than

5.0 or having any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the sewage works.
4. Solid or Viscous Substances. Solid or viscous substances in
quantities or of such size capable of causing obstruction to the flow in
sewers, or other interference with the proper operation of the sewage
works such as, but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, unground
garbage, whole blood, paunch manure, hair and fleshings, entrails and
paper dishes, cups, milk containers, etc., either whole or ground by
garbage grinders.
5. Excessive B.O.D., Solids or Flow. Any waters or wastes having
(a) a five (5) day biochemical oxygen demand greater than three hundred
(300) parts per million by weight, or (b) containing more than three
hundred fifty (350) parts per million by weight of suspended solids, or
(c) having an average daily flow greater than two percent (2%) of the
average sewage flow of the City, shall be subject to the review of the
Superintendent. Where necessary in the opinion of the Superintendent,
the owner shall provide, at the owner’s expense, such preliminary
treatment as may be necessary to (a) reduce the biochemical oxygen
demand to three hundred (300) parts per million by weight, or (b) reduce
the suspended solids to three hundred fifty (350) parts per million by
weight, or (c) control the quantities and rates of discharge of such waters
or wastes. Plans, specifications, and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted
for the approval of the Superintendent and no construction of such
facilities shall be commenced until said approvals are obtained in
writing.
97.04 RESTRICTED DISCHARGES. No person shall discharge or cause

to be discharged the following described substances, materials, waters, or
wastes if it appears likely in the opinion of the Superintendent that such wastes
can harm either the sewers, sewage treatment process, or equipment, have an
adverse effect on the receiving stream or can otherwise endanger life, limb,
public property, or constitute a nuisance. In forming an opinion as to the
acceptability of these wastes, the Superintendent will give consideration to such
factors as the quantities of subject wastes in relation to flows and velocities in
the sewers, materials of construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment plant, degree of treatability
of wastes in the sewage treatment plant, and other pertinent factors. The
substances restricted are:

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1. High Temperature. Any liquid or vapor having a temperature

higher than one hundred fifty (150) degrees F (65 degrees C).
2. Fat, Oil, Grease. Any water or waste containing fats, wax, grease,
or oils, whether emulsified or not, in excess of one hundred (100)
milligrams per liter or six hundred (600) milligrams per liter of dispersed
or other soluble matter.
3. Viscous Substances. Water or wastes containing substances
which may solidify or become viscous at temperatures between thirty-
two (32) and one hundred fifty (150) degrees F (0 and 65 degrees C).
4. Garbage. Any garbage that has not been properly shredded, that
is, to such a degree that all particles will be carried freely under the flow
conditions normally prevailing in public sewers, with no particle greater
than one-half (½) inch in any dimension.
5. Acids. Any waters or wastes containing strong acid iron pickling
wastes, or concentrated plating solution whether neutralized or not.
6. Toxic or Objectionable Wastes. Any waters or wastes containing
iron, chromium, copper, zinc, and similar objectionable or toxic
substances; or wastes exerting an excessive chlorine requirement, to such
degree that any such material received in the composite sewage at the
sewage treatment works exceeds the limits established by the
Superintendent for such materials.
7. Odor or Taste. Any waters or wastes containing phenols or other
taste or odor producing substances, in such concentrations exceeding
limits which may be established by the Superintendent as necessary,
after treatment of the composite sewage, to meet the requirements of
state, federal, or other public agencies of jurisdiction for such discharge
to the receiving waters.
8. Radioactive Wastes. Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by the
Superintendent in compliance with applicable State or Federal
regulations.
9. Excess Alkalinity. Any waters or wastes having a pH in excess of
10.5.
10. Unusual Wastes. Materials which exert or cause:
A. Unusual concentrations of inert suspended solids (such as,
but not limited to, Fullers earth, lime slurries, and lime residues)
or of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).

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B. Excessive discoloration (such as, but not limited to dye

wastes and vegetable tanning solutions).
C. Unusual B.O.D., chemical oxygen demand, or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment works.
D. Unusual volume of flow or concentration of wastes
constituting “slugs” as defined herein.
11. Noxious or Malodorous Gases. Any noxious or malodorous gas
or other substance which either singly or by interaction with other wastes
is capable of creating a public nuisance or hazard to life or of preventing
entry into sewers for their maintenance and repair.
12. Damaging Substances. Any waters, wastes, materials or
substances which react with water or wastes in the sewer system to
release noxious gases, develop color of undesirable intensity, form
suspended solids in objectionable concentration or create any other
condition deleterious to structures and treatment processes.
13. Untreatable Wastes. Waters or wastes containing substances
which are not amenable to treatment or reduction by the sewage
treatment processes employed, or are amenable to treatment only to such
degree that the sewage treatment plant effluent cannot meet the
requirements of other agencies having jurisdiction over discharge to the
receiving waters.
97.05 RESTRICTED DISCHARGES - POWERS. If any waters or wastes

are discharged, or are proposed to be discharged to the public sewers, which
waters contain the substances or possess the characteristics enumerated in
Section 97.04 and which in the judgment of the Superintendent may have a
deleterious effect upon the sewage works, processes, equipment, or receiving
waters, or which otherwise create a hazard to life or constitute a public
nuisance, the Superintendent may:
1. Rejection. Reject the wastes by requiring disconnection from the
public sewage system;
2. Pretreatment. Require pretreatment to an acceptable condition for
discharge to the public sewers;
3. Controls Imposed. Require control over the quantities and rates
of discharge; and/or
4. Special Charges. Require payment to cover the added cost of
handling and treating the wastes not covered by existing taxes or sewer
charges under the provisions of Chapter 99.

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97.06 SPECIAL FACILITIES. If the Superintendent permits the

pretreatment or equalization of waste flows, the design and installation of the
plants and equipment shall be subject to the review and approval of the
Superintendent and subject to the requirements of all applicable codes,
ordinances, and laws. Where preliminary treatment or flow-equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at the owner’s expense.
97.07 CONTROL MANHOLES. When required by the Superintendent, the

owner of any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole together with such necessary meters and
other appurtenances in the building sewer to facilitate observation, sampling,
and measurement of the wastes. Such manhole, when required, shall be
accessibly and safely located, and shall be constructed in accordance with plans
approved by the Superintendent. The manhole shall be installed by the owner
at the owner’s expense, and shall be maintained by the owner so as to be safe
and accessible at all times.
97.08 TESTING OF WASTES. All measurements, tests, and analyses of

the characteristics of waters and wastes to which reference is made in this
chapter shall be determined in accordance with the latest edition of Standard
Methods for the Examination of Water and Wastewater, published by the
American Public Health Association, and shall be determined at the control
manhole provided, or upon suitable samples taken at said control manhole. In
the event that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer to the
point at which the building sewer is connected. Sampling shall be carried out
by customarily accepted methods to reflect the effect of constituents upon the
sewage works and to determine the existence of hazards to life, limb, and
property. (The particular analyses involved will determine whether a twenty-
four (24) hour composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always, B.O.D.
and suspended solids analyses are obtained from twenty-four (24) hour
composites of all outfalls whereas pH’s are determined from periodic grab
samples).

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°°°°°°°°°°

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CHAPTER 98
ON-SITE WASTEWATER SYSTEMS

98.01 When Prohibited 98.06 Maintenance of System
98.02 When Required 98.07 Systems Abandoned
98.03 Compliance with Regulations 98.08 Disposal of Septage
98.04 Permit Required 98.09 Minimum Lot Area
98.05 Discharge Restrictions
98.01 WHEN PROHIBITED. Except as otherwise provided in this chapter,

it is unlawful to construct or maintain any on-site wastewater treatment and
disposal system or other facility intended or used for the disposal of sewage.
98.02 WHEN REQUIRED. When a public sanitary sewer is not available

under the provisions of Section 95.05, every building wherein persons reside,
congregate or are employed shall be provided with an approved on-site
wastewater treatment and disposal system complying with the provisions of this
chapter.
(IAC, 567-69.1[3])
98.03 COMPLIANCE WITH REGULATIONS. The type, capacity,

location and layout of a private on-site wastewater treatment and disposal
system shall comply with the specifications and requirements set forth by the
Iowa Administrative Code 567, Chapter 69, and with such additional
requirements as are prescribed by the regulations of the County Board of
Health.
(IAC, 567-69.1[3 & 4])
98.04 PERMIT REQUIRED. No person shall install or alter an on-site

wastewater treatment and disposal system without first obtaining a permit from
the County Board of Health.
98.05 DISCHARGE RESTRICTIONS. It is unlawful to discharge any

wastewater from an on-site wastewater treatment and disposal system (except
under an NPDES permit) to any ditch, stream, pond, lake, natural or artificial
waterway, drain tile or to the surface of the ground.
(IAC, 567-69.1[3])
98.06 MAINTENANCE OF SYSTEM. The owner of an on-site wastewater

treatment and disposal system shall operate and maintain the system in a
sanitary manner at all times and at no expense to the City.

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CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
98.07 SYSTEMS ABANDONED. At such time as a public sewer becomes

available to a property served by an on-site wastewater treatment and disposal
system, as provided in Section 95.05, a direct connection shall be made to the
public sewer in compliance with these Sanitary Sewer chapters and the on-site
wastewater treatment and disposal system shall be abandoned and filled with
suitable material.
98.08 DISPOSAL OF SEPTAGE. No person shall dispose of septage from

an on-site treatment system at any location except an approved disposal site.
98.09 MINIMUM LOT AREA. No permit shall be issued for any on-site
wastewater treatment and disposal system employing sub-surface soil
absorption facilities where the area of the lot is less than fifteen hundred (1500)
square feet.

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CHAPTER 99
SEWER SERVICE CHARGES

99.01 Purpose 99.07 Payment of Bills
99.02 Definitions 99.08 Application of Sewage Treatment Works User Charges
99.03 Level of User Charges 99.09 Special Rates
99.04 Determination of Concentration of Wastes 99.10 Records
99.05 Charges for Contributors of Unmeasured Water 99.11 Lien for Nonpayment
99.06 Metered Water That Does Not Enter 99.12 Deposit
the Sewer System 99.13 Special Agreements Permitted
99.01 PURPOSE. The purpose of this chapter is to enable the collection of

the costs of operation and maintenance of the sewage treatment works in the
City from all users in proportion to the contribution of each to the total sewage
loading of the treatment works; to recover sufficient revenue to equal the cost
of all treatment works operation and maintenance, including replacements and
to enable collection of revenue at least sufficient to provide for amortization of
and payment of interest on indebtedness incurred in the construction of the
sewage treatment works.
99.02 DEFINITIONS.
1. “Commercial user” means a customer discharging wastes into the
sanitary sewer system who cannot be classified as a residential user or an
industrial user.
2. “Dwelling” means a house, an apartment or a portion of a house
or building divided from the remainder of the house or building so as to
be a private living section and containing a kitchen or cooking facilities.
3. “Industrial Class A User” means an industrial user discharging
wastes into the sanitary sewer system with a B.O.D. concentration of less
than 100 mg/L and a total suspended solids concentration of less than
100 mg/L.
4. “Industrial Class B User” means an industrial user discharging
wastes into the sanitary sewer system with a B.O.D. concentration of 100
mg/L or more or a total suspended solids concentration of 100 mg/L or
more.
5. “Industrial user” means a customer discharging waste into the
sanitary sewer system who is required by the State or the United States
Environmental Protection Agency to execute an Operation Permit
Treatment Agreement with the City.

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CHAPTER 99 SEWER SERVICE CHARGES
6. “Residential user” means a customer discharging wastes into the

sanitary sewer system from two (2) or less dwelling units of the same
building.
99.03 LEVEL OF USER CHARGES.

1. User Charges. The user charge for all classifications shall be an
amount of money per thousand gallons of potable water delivered to
customers during a billing period, as measured by the potable water
system meter or other reliable means. It shall be computed for each
individual user by multiplying the volume of potable water delivered to
said user by the appropriate classification user rate. These separate user
rates shall be fixed from time to time by resolution of the Council.
Separate minimum monthly amounts and/or monthly surcharges for each
classification for the purposes of financial security and future
improvements to the sewer system may be set by resolution of the
Council.
2. Determination of Level of Charges. From time to time, the City
Clerk and/or City Administrator shall assess the costs for: (1) operation
and maintenance including billing, collection and administrative costs;
(2) the cost of replacements, for the sewage treatment works of the City
so as to recover said operation and maintenance costs, and to maintain as
adequate reserve for replacements; and (3) the cost of debt service. The
fraction of the charges dedicated to replacements shall not be less than
twenty percent (20%) of the total of other operation and maintenance
costs unless analysis of replacement experience indicates the need for an
increase or reduction in this fraction, provided, however, that this
fraction shall be such as to always provide adequate revenues to meet the
replacement needs of the treatment works over its service life. The
Superintendent shall assist in this assessment, and engineering assistance
may be employed as well. The Council shall then by resolution fix each
classification’s user rate so as to recover operation, maintenance, debt
service and replacement costs. In so doing, the Council may adjust the
level for excessive recovery and shall adjust the level for insufficient
recovery for said costs.
99.04 DETERMINATION OF CONCENTRATION OF WASTES.

Concentrations of pollutants from industrial users shall be determined by the
Superintendent from periodic sampling of the user’s sewage. The
Superintendent shall obtain a sufficient number of regularly spaced samples to
obtain a representative measurement of such concentration. The volume of
sewage discharged shall be established by suitable periodic measurement

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techniques or by permanent installation of metering equipment. These

measurements shall be the sole basis for determining the classification of
industrial users as Class A or Class B.
99.05 CHARGES FOR CONTRIBUTORS OF UNMEASURED

WATER. Residential users having private water systems, or otherwise
unmetered intake and use of water, shall pay debt service and user charges
based on at least 2,000 gallons per resident per month. All other classifications
under similar circumstances shall pay debt service and user charges based on a
volume established by the Superintendent from an estimate agreed to by the
customer or determined by installation of special metering equipment at the
customer’s expense. Any negotiated. or agreed upon rate shall be subject to
approval by the Council.
99.06 METERED WATER THAT DOES NOT ENTER THE SEWER

SYSTEM. Users that purchase potable water that does not enter the sanitary
sewer system shall be exempt from debt service and user charges for such water
to the extent that such water is measurable and is reliably measured. For the
purpose of this section, the Superintendent shall solely decide the method and
form of accurate measurement. Debit meters that deduct sewer usage from
water usage are expressly forbidden.
99.07 PAYMENT OF BILLS. The sewage treatment works user charge and
the debt service charge are due and payable under the same terms and
conditions provided for payment of solid waste disposal service, and sewer
service may be discontinued in accordance with the provisions contained in
Section 106.07(3) if the combined service account referred to therein becomes
delinquent, and the provisions contained in Section 106.09 relating to lien
notices shall also apply in the event of a delinquent account. Late payment fees
as set by resolution of the Council may be added to delinquent bills.
99.08 APPLICATION OF SEWAGE TREATMENT WORKS USER

CHARGES. All sewer user charges shall be deposited by the Clerk in a non-
lapsing fund consisting of at least two accounts, to-wit:
1. An Operation and Maintenance Account, into which shall be
deposited that fraction of the total user charges dedicated to operation
and maintenance. Funds in this account shall be used only for the
purpose of defraying operation and maintenance costs of the treatment
works. Balances remaining in the fund at the end of the fiscal year shall
be carried forward to the next succeeding fiscal year.

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2. A Replacement Account, into which shall be deposited that

fraction of the user charges dedicated to replacements. Funds in this
account shall be used only for the purpose of defraying operation and
maintenance costs of the treatment works. Balances remaining in the
fund at the end of the fiscal year shall be carried forward to the next
succeeding fiscal year.
Any transfer of funds from other revenue sources to meet temporary shortages
in these accounts may be refunded following an appropriate adjustment in the
sewage treatment works user charge rates.
99.09 SPECIAL RATES. Where, in the judgment of the City, special

conditions exist to the extent that the application of the normal user charges
would be inequitable or unfair to either the City or the customer, a special rate
shall be proposed and submitted to the Council for approval by resolution.
99.10 RECORDS. The superintendent shall maintain records of volumes of

flow and concentration of pollutants utilized in determining Industrial Class A
and Class B users. The City Clerk shall maintain records of revenue and of cost
of operation and maintenance, including replacement, adequate to document
compliance with the provisions of this chapter.
99.11 LIEN FOR NONPAYMENT. The owner of the premises served and
any lessee or tenant thereof shall be jointly and severally liable for sewer
service charges to the premises. Sewer service charges remaining unpaid and
delinquent shall constitute a lien upon the premises served and shall be certified
by the City Clerk, Finance Officer or Water Clerk to the County Treasurer for
collection in the same manner as property taxes. (Ord. 804 – Nov. 03 Supp.)
99.12 DEPOSIT. There shall be required from every customer a fee as set by
resolution of the Council as a deposit collected by the Water Department,
intended to guarantee the payment of bills for service.
99.13 SPECIAL AGREEMENTS PERMITTED. No statement in these

chapters shall be construed as preventing a special agreement, arrangement or
contract between the Council, and any industrial concern whereby an industrial
waste of unusual strength or character may be accepted subject to special
conditions, rate and cost as established by the Council.

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CHAPTER 100
STORM WATER UTILITY

100.01 Purpose 100.04 Rates
100.02 Definitions 100.05 Payment of Bills
100.03 Storm Water Drainage System District Established 100.06 Lien for Nonpayment
100.01 PURPOSE. The purpose of this chapter is to establish a Storm Water

Utility and provide a means of funding the construction, operation and
maintenance of storm water management facilities including, but not limited to,
detention and retention basins, storm water sewers, inlets, ditches and drains,
and cleaning of streets. The Council finds that the construction, operation and
maintenance of the City’s storm and surface water drainage system should be
funded through charging users of property that may connect or discharge
directly, or indirectly, into the storm and surface water drainage system.
100.02 DEFINITIONS. For use in this chapter, unless the context

specifically indicates otherwise, the following terms are defined:
1. “Connection” means the physical act or process of tapping a
public storm water sewer or drainage line, or joining onto an existing
side sewer, for the purpose of connecting private impervious surface or
other storm and surface water sources or systems to the public storm and
surface water system. It also includes creation or maintenance of
impervious surface that causes or is likely to cause an increase in the
quantity or decrease in quality or both from the natural state of storm
water runoff, and which drains, directly or indirectly, to the storm and
surface water system.
2. “Customer” means, in addition to any person receiving storm
water service from the City, the owner of the property served, and as
between such parties the duties, responsibilities, liabilities and
obligations hereinafter imposed shall be joint and several.
3. “Storm and surface water drainage system” means any combination
of publicly owned storm and surface water quantity and quality facilities,
pumping, or lift facilities, storm and secondary drain pipes and culverts,
open channels, creeks and ditches, force mains, laterals, manholes, catch
basins and inlets, including the grates and covers thereof, detention and
retention facilities, laboratory facilities and equipment, and any other
publicly owned facilities for the collection, conveyance, treatment and
disposal of storm and surface water system within the City, to which
sanitary sewage flows are not intentionally admitted.

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CHAPTER 100 STORM WATER UTILITY
4. “User” means any person who uses property that maintains

connection to, discharges to, or otherwise receives services from the City
for storm water management. The occupant of occupied property is
deemed the user. If the property is not occupied, the person who has the
right to occupy it shall be deemed the user.
100.03 STORM WATER DRAINAGE SYSTEM DISTRICT

ESTABLISHED. Pursuant to the authority of Section 384.84[5] of the Code of
Iowa, the entire City is hereby declared a Storm Water Drainage System
District for the purpose of establishing, imposing, adjusting and providing for
the collection of rates for the operation and maintenance of storm water
management facilities. The entire City, as increased from time to time by
annexation, shall constitute a single Storm Water Drainage System District.
100.04 RATES. Each customer shall pay for storm and surface water
drainage system service provided by the City. The rates for the operation and
maintenance of the storm water management facilities shall be collected by
imposing a monthly rate on each residential, commercial and industrial
customer within the City. The Council may adopt rules, charges, rates, and fees
for the use of the City’s storm and surface water system, and for services
provided by the City relating to that system. Such rules may include
delinquency and interest charges and penalties. Such charges and fees shall be
just and equitable based upon the actual costs of operation, maintenance,
acquisition, extension and replacement of the City’s system, the costs of bond
repayment, regulation, administration, and services of the City. There shall be
levied and collected fees therefor established by and through a proposal and
submission to the Council by resolution. Where in the judgment of the City,
special conditions exist to the extent that the application of the normal user
charges would be inequitable or unfair to either the City or the customer, a
special rate shall be proposed and submitted to the Council for approval by
resolution.
100.05 PAYMENT OF BILLS. All Storm Water Drainage System District

charges are due and payable under the same terms and conditions provided for
payment of solid waste disposal service, and storm water drainage may be
discontinued in accordance with the provisions contained in Section 106.07(3)
if the combined service account referred to therein becomes delinquent and the
provisions contained in Sections 106.09 relating to lien exemptions and lien
notice shall also apply in the event of a delinquent account. Late payment fees
as set by resolution of the Council may be added to delinquent bills.
(Code of Iowa, Sec. 384.84[2b] and [2d])

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any lessee or tenant thereof shall be jointly and severally liable for charges for
the operation and maintenance of the storm water management facilities. Any
such charges remaining unpaid and delinquent shall constitute a lien upon the
premises served and shall be certified by the Clerk to the County Treasurer for
collection in the same manner as property taxes.
(Ch. 100 – Ord. 822 – Oct. 04 Supp.)

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CHAPTER 105
SOLID WASTE CONTROL

105.01 Purpose 105.07 Littering Prohibited
105.02 Definitions 105.08 Open Dumping Prohibited
105.03 Sanitary Disposal Required 105.09 Toxic and Hazardous Waste
105.04 Health and Fire Hazard 105.10 Waste Storage Containers
105.05 Open Burning Restricted 105.11 Prohibited Practices
105.06 Separation of Yard Waste Required 105.12 Sanitary Disposal Project Designated
105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances

pertaining to Solid Waste Control is to provide for the sanitary storage,
collection and disposal of solid waste and, thereby, to protect the citizens of the
City from such hazards to their health, safety and welfare as may result from
the uncontrolled disposal of solid waste.
105.02 DEFINITIONS. For use in these chapters the following terms are
defined:
1. “Collector” means any person authorized to gather solid waste
from public and private places.
2. “Director” means the director of the State Department of Natural
Resources or any designee.
(Code of Iowa, Sec. 455B.101[2b])
3. “Discard” means to place, cause to be placed, throw, deposit or
drop.
4. “Dwelling unit” means any room or group of rooms located
within a structure and forming a single habitable unit with facilities
which are used, or are intended to be used, for living, sleeping, cooking
and eating.
5. “Garbage” means all solid and semisolid, putrescible animal and
vegetable waste resulting from the handling, preparing, cooking, storing,
serving and consuming of food or of material intended for use as food, and
all offal, excluding useful industrial by-products, and includes all such
substances from all public and private establishments and from all residences.
(IAC, 567-100.2)
6. “Landscape waste” means any vegetable or plant waste except
garbage. The term includes trees, tree trimmings, branches, stumps,
brush, weeds, leaves, grass, shrubbery and yard trimmings.
(IAC, 567-20.2[455B])

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CHAPTER 105 SOLID WASTE CONTROL
7. “Litter” means any garbage, rubbish, trash, refuse, waste

materials or debris.
8. “Owner” means, in addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating or transacting business
in any premises, and as between such parties the duties, responsibilities,
liabilities and obligations hereinafter imposed shall be joint and several.
9. “Refuse” means putrescible and non-putrescible waste, including
but not limited to garbage, rubbish, ashes, incinerator residues, street
cleanings, market and industrial solid waste and sewage treatment waste
in dry or semisolid form.
(IAC, 567-100.2)
10. “Residential premises” means a single-family dwelling and any
multiple-family dwelling.
11. “Residential waste” means any refuse generated on the premises
as a result of residential activities. The term includes landscape waste
grown on the premises or deposited thereon by the elements, but
excludes garbage, tires, trade wastes and any locally recyclable goods or
plastics.
(IAC, 567-20.2[455B])
12. “Rubbish” means non-putrescible solid waste consisting of
combustible and non-combustible waste, such as ashes, paper,
cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or
litter of any kind.
(IAC, 567-100.2)
13. “Sanitary disposal” means a method of treating solid waste so that
it does not produce a hazard to the public health or safety or create a
nuisance.
(IAC, 567-100.2)
14. “Sanitary disposal project” means all facilities and appurtenances
including all real and personal property connected with such facilities,
which are acquired, purchased, constructed, reconstructed, equipped,
improved, extended, maintained, or operated to facilitate the final
disposition of solid waste without creating a significant hazard to the
public health or safety, and which are approved by the Director.

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15. “Solid waste” means garbage, refuse, rubbish, and other similar
discarded solid or semisolid materials, including but not limited to such
materials resulting from industrial, commercial, agricultural, and
domestic activities. Solid waste may include vehicles, as defined by
subsection one of Section 321.1 of the Code of Iowa.
105.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner

to provide for the sanitary disposal of all refuse accumulating on the owner’s
premises before it becomes a nuisance. Any such accumulation remaining on
any premises for a period of more than thirty (30) days shall be deemed a
nuisance and the City may proceed to abate such nuisances in accordance with
the provisions of Chapter 50 or by initiating proper action in district court.
(Code of Iowa, Ch. 657)
105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to

permit to accumulate on any premises, improved or vacant, or on any public
place, such quantities of solid waste that constitute a health, sanitation or fire
hazard.
105.05 OPEN BURNING RESTRICTED. No person shall allow, cause or

permit open burning of combustible materials where the products of
combustion are emitted into the open air without passing through a chimney or
stack, except that open burning is permitted in the following circumstances:
(IAC, 567-23.2[455B] and 567-100.2)
1. Disaster Rubbish. The open burning of rubbish, including
landscape waste, for the duration of the community disaster period in
cases where an officially declared emergency condition exists.
(IAC, 567-23.2[3a])
2. Trees and Tree Trimmings. The open burning of trees and tree
trimmings at a City-operated burning site, provided such burning is
conducted in compliance with the rules established by the State
Department of Natural Resources.
(IAC, 567-23.2[3b])
3. Flare Stacks. The open burning or flaring of waste gases,
provided such open burning or flaring is conducted in compliance with
applicable rules of the State Department of Natural Resources.
(IAC, 567-23.2[3c])

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4. Landscape and Yard Waste. The open burning of yard waste

during periods designated by resolution of the Council. The burning of
residential yard waste shall be restricted to private property, in the rear of
the property, at least thirty (30) feet from any building inhabited by other
than the landowner or tenant conducting the open burning. The burning
of landscape waste produced in clearing, grubbing and construction
operations shall be limited to areas located at least one-fourth (¼) mile
from any building inhabited by other than the landowner or tenant
conducting the open burning. Rubber tires shall not be used to ignite
landscape waste. (Ord. 880 – Aug. 09 Supp.)
(IAC, 567-23.2[3d])
5. Recreational Fires. Open fires for cooking, heating, recreation
and ceremonies, provided they comply with the limits for emission of
visible air contaminants established by the State Department of Natural
Resources. Rubber tires shall not be burned in a recreational fire.
(IAC, 567-23.2[3e])
6. Training Fires. Fires set for the purpose of bona fide training of
public or industrial employees in fire fighting methods, provided that the
training fires are conducted in compliance with rules established by the
State Department of Natural Resources.
(IAC, 567-23.2[3g])
7. Variance. Any person wishing to conduct open burning of
materials not permitted herein may make application for a variance to the
Director.
(IAC, 567-23.2[2])
105.06 SEPARATION OF YARD WASTE REQUIRED. All yard waste

shall be separated by the owner or occupant from all other solid waste
accumulated on the premises and shall be composted on the premises or burned
on the premises in accordance with the provisions of Section 105.05(4) or
placed in acceptable containers or bundled and tagged and either transported to
a designated municipal yard waste collection site or picked up on the premises
as the Council may designate. The Council shall designate from time to time
by resolution approved containers for yard waste, approved bundling and
tagging of yard waste, the purchasing sites for yard waste bags or tags and the
price to be charged for yard waste bags or tags. The Council shall designate
from time to time approved yard waste collection sites or a schedule of on-
premises pickup times of yard waste. As used in this section, “yard waste”
means any debris such as grass clippings, leaves, garden waste, brush and trees.
Yard waste does not include tree stumps.

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105.07 LITTERING PROHIBITED. No person shall discard any litter

onto or in any water or land, except that nothing in this section shall be
construed to affect the authorized collection and discarding of such litter in or
on areas or receptacles provided for such purpose. When litter is discarded
from a motor vehicle, the driver of the motor vehicle shall be responsible for
the act in any case where doubt exists as to which occupant of the motor vehicle
actually discarded the litter.
105.08 OPEN DUMPING PROHIBITED. No person shall dump or

deposit or permit the dumping or depositing of any solid waste on the surface of
the ground or into a body or stream of water at any place other than a sanitary
disposal project approved by the Director, unless a special permit to dump or
deposit solid waste on land owned or leased by such person has been obtained
from the Director. However, this section does not prohibit the use of dirt,
stone, brick or similar inorganic material for fill, landscaping, excavation, or
grading at places other than a sanitary disposal project.
(Code of Iowa, Sec. 455B.307 and IAC, 567-100.2)
105.09 TOXIC AND HAZARDOUS WASTE. No person shall deposit in a

solid waste container or otherwise offer for collection any toxic or hazardous
waste. Such materials shall be transported and disposed of as prescribed by the
Director. As used in this section, “toxic and hazardous waste” means waste
materials, including but not limited to, poisons, pesticides, herbicides, acids,
caustics, pathological waste, flammable or explosive materials and similar
harmful waste which requires special handling and which must be disposed of
in such a manner as to conserve the environment and protect the public health
and safety.
(IAC, 567-100.2)
(IAC, 567-102.14[2] and 400-27.14[2])
105.10 WASTE STORAGE CONTAINERS. Every person owning,

managing, operating, leasing or renting any premises, dwelling unit or any
place where refuse accumulates shall provide and at all times maintain in good
order and repair portable containers for refuse in accordance with the following:
1. Container Specifications. Waste storage containers shall comply
with the following specifications:
A. Residential. Residential waste shall be placed in heavy-duty
disposable garbage bags, shall be of not less than eight (8) gallons
or more than thirty-five (35) gallons in nominal capacity, and shall
be leak proof and water proof. The total weight of any contents

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shall not exceed forty (40) pounds. Disposable garbage bags shall
be kept securely tied, shall be of sufficient strength to maintain
integrity when lifted, and shall be placed outside no more than
twenty-four (24) hours prior to scheduled pickup.
B. Commercial. Every person owning, managing, operating,
leasing or renting any commercial premises where an excessive
amount of refuse accumulates and where its storage in portable
containers as required above is impractical, shall maintain metal
bulk storage containers (dumpsters) approved by the City.
C. Multiple Family. Any person owning or managing a
multiple family dwelling unit containing three (3) or more
apartments or dwelling units shall provide and maintain at such
person’s own expense metal bulk storage containers (dumpsters)
approved by the City. One (1) dumpster is required for every four
(4) apartments or dwelling units on the premises.
2. Storage of Waste Bags. Residential solid waste bags shall be
stored upon the residential premises. Commercial solid waste containers
shall be stored upon private property, unless the owner has been granted
written permission from the City to use public property for such
purposes. Each garbage dumpster shall be placed on an 8-foot by 6-foot
concrete or asphalt pad which will allow for ease of movement and
prevent difficulties of emptying dumpsters when the ground is wet, and
the storage site shall be well drained and fully accessible to collection
equipment, public health personnel and fire inspection personnel. All
owners of residential and commercial premises shall be responsible for
proper storage of all garbage and yard waste to prevent materials from
being blown or scattered around neighboring yards and streets.
3. Location of Bags for Collection. Bags for the storage of solid
waste awaiting collection shall be placed on the front street curb no more
than 24 hours prior to the regular garbage pickup for the owner or
occupant of the premises served. There will be no alley pickup of solid
waste bags.
4. Permanent Structures. No permanent structures will be built on
the terrace or parking to hold filled garbage bags until the time of their
regularly scheduled pickup.
5. Four disposable garbage bags of not less than eight (8) gallons or
more than thirty-five (35) gallons in nominal capacity will be considered
a pickup. If the property owner or occupant served has more than four
(4) bags it will be necessary to make arrangements for an additional

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pickup. Any additional pickup of garbage must be prearranged and

prepaid through the purchase of a sticker.
6. Pickup of bulky rubbish which is too large or heavy to be
collected through residential solid waste collection can be removed if
prearrangement and prepayment is made through the purchase of a
sticker or tag.
(Ord. 871 – Jan. 08 Supp.)
105.11 PROHIBITED PRACTICES. It is unlawful for any person to:

1. Unlawful Use of Containers. Deposit refuse in any solid waste
containers not owned by such person without the written consent of the
owner of such containers.
2. Interfere with Collectors. Interfere in any manner with solid
waste collection equipment or with solid waste collectors in the lawful
performance of their duties as such, whether such equipment or
collectors be those of the City, or those of any other authorized waste
collection service.
3. Incinerators. Burn rubbish or garbage except in incinerators
designed for high temperature operation, in which solid, semisolid,
liquid or gaseous combustible refuse is ignited and burned efficiently,
and from which the solid residues contain little or no combustible
material, as acceptable to the Environmental Protection Commission.
4. Scavenging. Take or collect any solid waste which has been
placed out for collection on any premises, unless such person is an
authorized solid waste collector.
5. Distribution of Advertising. Place, deposit, distribute, circulate or
scatter any paper, advertisement, handbill, card, circular or wastepaper in
or upon any public street, alley, public place, automobile or other vehicle
parked upon any street or alley, yard or porch of any dwelling or
vestibule or hallway of any building opening on any public street or
alley, provided, however, that newspapers and advertising circulars
folded therein may be distributed to the dwellings and/or buildings if
they are either placed inside the building and/or dwelling, or if they are
placed under some object of such weight that they will not be blown by
the wind into any public street or alley.
6. Non-compliance with Weight Restrictions on Solid Waste Bags.
City of Perry Solid Waste Employees will not pick up garbage in any
bags that weigh more than forty (40) pounds. Continued non-
compliance to the weight restrictions could result in a compliance
violation.

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(Ord. 871 – Jan. 08 Supp.)
105.12 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary

landfill facilities operated by North Dallas Landfill are hereby designated as the
official “Public Sanitary Disposal Project” for the disposal of solid waste
produced or originating within the City.

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CHAPTER 106
COLLECTION OF SOLID WASTE

106.01 Collection Service 106.06 Right of Entry
106.02 Collection Vehicles 106.07 Collection Fees
106.03 Loading 106.08 Lien for Nonpayment
106.04 Frequency of Collection 106.09 Lien Notice
106.05 Bulky Rubbish
106.01 COLLECTION SERVICE. The City shall provide for the collection
of all solid waste except bulky rubbish as provided in Section 106.05 within the
City. The City shall also provide for the collection of certain recyclable solid
waste materials within the City.
106.02 COLLECTION VEHICLES. Vehicles or containers used for the

collection and transportation of garbage and similar putrescible waste or solid
waste containing such materials shall be leakproof, durable and of easily
cleanable construction. They shall be cleaned to prevent nuisances, pollution or
insect breeding and shall be maintained in good repair.
(IAC, 567-104.9[455B])
106.03 LOADING. Vehicles or containers used for the collection and

transportation of any solid waste shall be loaded and moved in such a manner
that the contents will not fall, leak, or spill therefrom, and shall be covered to
prevent blowing or loss of material. Where spillage does occur, the material
shall be picked up immediately by the collector or transporter and returned to
the vehicle or container and the area properly cleaned.
106.04 FREQUENCY OF COLLECTION. All solid waste shall be

collected from residential premises at least once each week and from
commercial, industrial and institutional premises as frequently as may be
necessary, but not less than once each week.
106.05 BULKY RUBBISH. Bulky rubbish which is too large or heavy to be

collected in the normal manner of other solid waste may be collected by the
collector upon request in accordance with procedures therefor established by
the Council.
106.06 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to

enter upon private property for the purpose of collecting solid waste therefrom
as required by this chapter; however, solid waste collectors shall not enter
dwelling units or other residential and commercial buildings.

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CHAPTER 106 COLLECTION OF SOLID WASTE
106.07 COLLECTION FEES. The collection and disposal of solid waste as

provided by this chapter are declared to be beneficial to the property served.
There shall be levied and collected fees therefor in accordance with the
following:
(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)
1. Solid Waste Collection Fees. Where, in the judgment of the City,
special conditions exist to the extent that the application of the current
normal user charges (established by resolution of the Council) would be
inequitable or unfair to either the City or the customer, a rate shall be
proposed and submitted to the Council for approval by resolution.
(Ord. 777 – Jul. 02 Supp.)
2. Payment of Fees. The fees provided herein are due and payable
at the office of the Clerk on or before the 20th of each month.
3. Service Discontinued. Solid waste, sewer availability and water
service to delinquent customers shall be discontinued in accordance with
the following:
(Code of Iowa, Section 384.84)
A. Notice. The Water Department shall notify each
delinquent customer that service will be discontinued if payment
of the combined service account, including late payment charges,
is not received by the date specified in the notice of delinquency.
Such notice shall be sent by ordinary mail and shall inform the
customer of the nature of the delinquency and afford the customer
the opportunity for a hearing prior to the discontinuance.
B. Notice to Landlords. If the customer is a tenant, and if the
owner or landlord of the property has made a written request for
notice, the notice of delinquency shall also be given to the owner
or landlord.
C. Hearing. If a hearing is requested within ten (10) days
after notice of the proposed disconnection, the Clerk, Water
Superintendent and Water Pollution Control Director shall
conduct an informal hearing and shall make a determination as to
whether the discontinuance of service is justified. The decision of
this panel is final, with no appeal process allowed.
D. Fees. A fee of twenty-five dollars ($25.00) per service
shall be charged before service is restored to a delinquent
customer. No fee shall be charged for the usual or customary
trips in the regular changes of occupancy of property.

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4. Collection Requirements. To insure the uniform, safe and

sanitary treatment of solid waste in the City, it is mandatory that any
person on the Perry Municipal Water System owning, occupying or
managing any premises in the City which produces or generates solid
waste subscribe to the solid waste collection services provided by the
City and pay the charges therefor prescribed, with the exceptions of
premises that consistently produce or generate material that cannot be
safely handled by City personnel and equipment and the use of single-
use construction dumpsters in excess of the yard-and-a-half size. Such
exceptions are to be authorized at the discretion of the City staff.
any lessee or tenant thereof shall be jointly and severally liable for garbage
charges to the premises. Garbage collection charges remaining unpaid and
delinquent shall constitute a lien upon the premises served and shall be certified
by the City Clerk, Finance Officer or Water Clerk to the County Treasurer for
collection in the same manner as property taxes. (Ord. 805 – Nov. 03 Supp.)
106.09 LIEN NOTICE. A lien for delinquent service charges shall not be
certified to the County Treasurer unless prior written notice of intent to certify a
lien is given to the customer. If the customer is a tenant and if the owner or
landlord of the property has made a written request for notice, the notice shall
also be given to the owner or landlord. The notice shall be sent to the
appropriate persons by ordinary mail not less than thirty (30) days prior to
certification of the lien to the County Treasurer.

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- 576 -
CHAPTER 110
NATURAL GAS FRANCHISE

110.01 Grant of Franchise 110.06 Indemnification
110.02 State Code Restrictions and Limitations 110.07 Maintain Facilities
110.03 Use of Public Ways 110.08 Quantity and Quality
110.04 Relocation of Installations 110.09 Franchise Fee
110.05 Excavations 110.10 Franchise Effective
110.01 GRANT OF FRANCHISE. There is hereby granted to

MidAmerican Energy Company, an Iowa corporation, hereinafter called
“Company,” and to its successors and assigns the right and franchise to acquire,
construct, erect, maintain and operate in the City of Perry, Iowa, hereinafter
called the “City,” a gas distribution system, to furnish natural gas along, under
and upon the streets, avenues, alleys and public places to serve customers
within and without the City, and to furnish and sell natural gas to the City and
its inhabitants. For the term of this franchise the Company is granted the right
of eminent domain, the exercise of which is subject to City Council approval
upon application by the Company. This franchise shall be effective for a
twenty (20) year period from and after the effective date of the ordinance
codified by this chapter, provided, however, that there may be a re-evaluation
prior to the end of year 10, with the opportunity for both parties to request
amendments. If neither party requests such re-evaluation by means of a written
notice to the other party during the last 60 days of year 10, this franchise will
continue without change for the remaining 10 years. If the parties are unable to
agree to amend the ordinance, then the City may terminate this franchise
agreement at the end of year 10.
110.02 STATE CODE RESTRICTIONS AND LIMITATIONS. The

rights and privileges hereby granted are subject to the restrictions and
limitations of Chapter 364 of the Code of Iowa, or as subsequently amended or
changed.
110.03 USE OF PUBLIC WAYS. Company shall have the right to excavate
in any public street for the purpose of laying, relaying, repairing or extending
gas pipes, mains, conduits, and other facilities provided that the same shall be
so placed as not to interfere with the construction of any water pipes, drain or
sewer or the flow of water therefrom, which have been or may hereafter be
located by authority of the City.
110.04 RELOCATION OF INSTALLATIONS. The Company shall, at its

cost and expense, locate and relocate its installations in, on, over or under any

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CHAPTER 110 NATURAL GAS FRANCHISE
public street or alley in the City in such manner as the City may at any time
reasonably require for the purposes of facilitating the construction,
reconstruction, maintenance or repair of the street or alley or any public
improvement of, in or about any such street or alley or reasonably promoting
the efficient operation of any such improvement. If the City has a reasonable
alternative route for the street, alley or public improvements, which alternative
route would not cause the relocation of the Company installations, the City
shall consider said alternative route. If relocation of the Company facilities
could be avoided by relocating other franchisee’s or facility user’s equipment
and facilities, and said other franchisee’s or user’s cost of relocation is less than
the Company’s cost of relocation, the City shall consider the route that requires
the other franchisees or users to relocate. If project funds from a source other
than the City are available to pay for the relocation of utility facilities, the City
shall use its best efforts to secure said funds and provide them to the Company
to compensate the Company for the costs of relocation.
110.05 EXCAVATIONS. In making excavations in any streets, avenues,

alleys and public places for the installation of gas pipes, conduits or apparatus,
Company shall not unreasonably obstruct the use of the streets and shall replace
the surface, restoring the original condition as nearly as practicable.
110.06 INDEMNIFICATION. Company shall indemnify and save harmless

City from any and all claims, suits, losses, damages, costs or expenses on account
of injury or damage to any person or property, caused or occasioned, or allegedly
caused or occasioned, in whole or in part, by Company's negligence in
construction, reconstruction, excavation, operation or maintenance of the gas
utilities authorized by this franchise, provided, however, that the Company shall
not be obligated to defend, indemnify and save harmless the City for any costs or
damages arising from the negligence of the City, its officers, employees or agents.
110.07 MAINTAIN FACILITIES. The Company shall extend its mains

and pipes and operate and maintain the system in accordance with the
applicable regulations of the Iowa Utilities Board or its successors.
110.08 QUANTITY AND QUALITY. During the term of this franchise, the
Company shall furnish natural gas in the quantity and quality consistent with
applicable Iowa laws and regulations.
110.09 FRANCHISE FEE. In consideration of the right to construct and

maintain such natural gas facilities and equipment along, upon, across and
under the streets, highways, avenues, alleys, bridges and public places of the
City there is hereby imposed upon the Company and, by its acceptance of this
franchise, it agrees that there shall be collected from the Company’s retail

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customers within the corporate limits of the City (excluding, however, the sale
of natural gas to the City as a customer, St. Patrick’s Catholic School, public
school facilities and Dallas County facilities which are or may in the future be
located within the Perry corporate limits) and remitted by the Company to the
City, a franchise fee in the amount equal to two percent (2%) of the gross
receipts derived by the Company from the transmission or distribution of
natural gas to customers commencing with gross receipts, less uncollectible
accounts, received on or after July 1, 2005. The City may increase, decrease or
eliminate the franchise fee. Any resolution revising or eliminating the franchise
fee shall become effective and billings shall commence on an agreed upon date
which is no less than 60 days following written notice to the Company. For gas
transportation customers, the franchise fee shall be equal to two percent (2%) of
any billings issued by the Company for natural gas transportation, delivery
services and other tariff services provided by the Company for facilities located
within the corporate limits of the City. The Company shall not collect nor remit
to the City any franchise fees on natural gas sold by the Company or any other
provider to any transport customer. The Company will remit franchise fee
revenues to the City on or before the last business day of the month following
each quarter. The quarters are January, February and March; April, May and
June; July, August and September; October, November and December. The
City shall provide to the company copies of annexation ordinances in a timely
manner to ensure appropriate franchise fee collection from customers within the
corporate limits of the City. The City may, by ordinance, exempt certain types
of sales from being charged the franchise fee. The obligation to pay the fee
imposed by this section is modified if:
1. The City permits any other person to sell natural gas to City
consumers and pay a franchise fee or its lawful equivalent at a lesser rate
than provided in this section, in which case the Company shall pay at the
lesser rate; or
2. The City adds additional territory by annexation or consolidation
and is unable to lawfully impose the franchise fee upon any person
selling natural gas to consumers within the additional territory, in which
case the franchise fee on the revenue from sales by Company in the
additional territory shall be equal to that of the lowest fee being paid by
any other person selling natural gas within the additional area.
The further provisions of this section to the contrary notwithstanding, the

Company shall be relieved of its obligation to pay to the City the franchise fee,
effective as of the date specified below, with no liability therefor under each or
any of the following conditions:

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1. The collection or payment of the franchise fee is ruled to be

unlawful by the Supreme Court of Iowa, effective as of the date
specified by that Court.
2. The Iowa General Assembly enacts legislation which makes the
collection or payment of the franchise fee unlawful, effective as of the
date lawfully specified by the General Assembly.
3. The Iowa Utilities Board, or its successor agency, denies the
Company the right to collect the franchise fee from its customers
provided such denial is affirmed by the Supreme Court of Iowa, effective
as of the date of the agency order from which the appeal is taken.
110.10 FRANCHISE EFFECTIVE. This chapter and the rights and

privileges herein granted shall become effective and binding upon its approval
and passage in accordance with Iowa law and the written acceptance by the
Company. The Company shall, within 30 days after the City Council approval
of the ordinance codified by this chapter file in the office of the Clerk of the
City, its acceptance in writing of all terms and provisions of this chapter.
Following Council approval, the ordinance shall be published in the Perry
Chief, the official newspaper for the City of Perry, Iowa. The effective date of
the ordinance shall be the date of the publication. In the event that
MidAmerican Energy Company does not file its written acceptance of the
ordinance within 30 days after its approval by the Council, the ordinance shall
be void and of no effect.
EDITOR’S NOTE
Ordinance No. 834 adopting a natural gas franchise for the City
was passed and adopted on April 4, 2005.

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CHAPTER 111
ELECTRIC FRANCHISE
111.01 Franchise Granted 111.05 Nonexclusive
111.02 Construction; Maintenance; Indemnification 111.06 Continuous Service
111.03 Meters and Service Lines 111.07 Term of Franchise
111.04 System Requirements
111.01 FRANCHISE GRANTED. There is hereby granted to Interstate

Power & Light Company, hereinafter referred to as the “Company,” its
successors and assigns, the right and franchise to acquire, construct, erect,
maintain and operate in the City, works and plants for the manufacture and
generation of electricity and a distribution system for electric light, heat and
power and the right to erect and maintain the necessary poles, lines, wires,
conduits and other appliances for the transmission of electric current along,
under and upon the streets, avenues, alleys and public places in the City; also
the right to erect and maintain upon the streets, avenues, alleys and public
places, transmission lines through the City, to supply individuals, corporations,
communities and municipalities both inside and outside of the City with electric
light, heat and power for the period of twenty-five (25) years; also the right of
eminent domain as provided in Section 364.2 of the Code of Iowa.
111.02 CONSTRUCTION; MAINTENANCE; INDEMNIFICATION.

The poles, wires and appliances shall be placed and maintained so as not to
unnecessarily interfere with the travel on said streets, alleys and public places in
the City or unnecessarily interfere with the proper use of the same, including
ordinary drainage or with the sewers, underground pipe and other property of
the City, and the Company, its successors and assigns shall hold the City free
and harmless from all damages arising from the negligent acts or omissions of
the Company in the erection or maintenance of said system.
111.03 METERS AND SERVICE LINES. The Company, its successors

and assigns shall furnish and install all meters at its own expense and shall
provide the service wire to buildings as set forth in the Company’s tariff filed
with the Iowa Utilities Board.
111.04 SYSTEM REQUIREMENTS. The system authorized by this

chapter shall be modern and up-to-date and shall be of sufficient capacity to
supply all reasonable demands of the City and the inhabitants thereof and shall
be kept in a modern and up-to-date condition.

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CHAPTER 111 ELECTRIC FRANCHISE
111.05 NONEXCLUSIVE. The franchise granted by this chapter shall not

be exclusive.
111.06 CONTINUOUS SERVICE. Service to be rendered by the Company

under this chapter shall be continuous unless prevented from so doing by fire,
acts of God, unavoidable accidents or casualties, or reasonable interruptions
necessary to properly service the Company’s equipment, and in such event
service shall be resumed as quickly as is reasonably possible.
111.07 TERM OF FRANCHISE. The term of the franchise granted by this

chapter and the rights granted thereunder shall continue for the period of
twenty-five (25) years from and after its acceptance by the Company.
EDITOR’S NOTE
Ordinance No. 840 adopting an electric franchise for the City was
passed and adopted on August 15, 2005.

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CHAPTER 112
CABLE TELEVISION FRANCHISE

112.01 Definitions 112.19 Public, Educational and Governmental Access
112.02 Grant 112.20 Franchise Fee
112.03 Other Ordinances 112.21 Rates and Charges
112.04 Level Playing Field 112.22 Renewal of Franchise
112.05 Term 112.23 Conditions of Sale
112.06 Conditions of Occupancy 112.24 Transfer of Franchise
112.07 Restoration of Public Ways 112.25 Books and Records
112.08 Relocation at Request of the Franchising 112.26 Insurance Requirements
Authority 112.27 Indemnification
112.09 Relocation for a Third Party 112.28 Notice of Violation
112.10 Trimming of Trees and Shrubbery 112.29 Grantee’s Right to Cure or Respond
112.11 Safety Requirements 112.30 Public Hearing
112.12 Underground Construction 112.31 Enforcement
112.13 Access to Open Trenches 112.32 Revocation
112.14 Required Extensions of the Cable Service 112.33 Force Majeure
112.15 Subscriber Charges for Extensions of Service 112.34 Actions of Parties
112.16 Cable Service to Public Buildings 112.35 Entire Agreement
112.17 Emergency Use 112.36 Notice
112.18 Reimbursement of Costs
112.01 DEFINITIONS. The following words and phrases, when used

herein, shall, for the purposes of this chapter, have the meanings ascribed to
them in this section:
1. “Basic cable” is the lowest priced tier of cable service that
includes the retransmission of local broadcast television signals.
2. “Cable Act” means Title VI of the Communications Act of 1934,
as amended.
3. “Cable services” means (i) the one-way transmission to
subscribers of video programming or other programming service and (ii)
subscriber interaction, if any, which is required for the selection or use of
such video programming or any other programming service.
4. “Cable system” means the Grantee’s facility, consisting of a set of
closed transmission paths and associated signal generation, reception and
control equipment that is designed to provide cable service which
includes video programming and which is provided to multiple
customers within the service area.
5. “FCC” means Federal Communications Commission or successor
governmental entity thereto.
6. “Franchising Authority” means the City of Perry.
7. “Grantee” means MCC Iowa LLC, or the lawful successor,
transferee or assignee thereof.

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CHAPTER 112 CABLE TELEVISION FRANCHISE
8. “Gross revenue” means any revenues received by the Grantee

from subscribers from the operation of the cable system to provide cable
services in the service area, provided, however, that “gross revenues”
shall not include any tax, fee or assessment of general applicability
collected by the Grantee from subscribers for pass-through to a
government entity, including the FCC User Fee.
9. “Person” means an individual, partnership, association, joint stock
company, trust, corporation or governmental entity.
10. “Public way” means the surface of, and the space above and
below any public street, highway, freeway, bridge, land path, alley,
court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle
or other public right-of-way, including, but not limited to, public utility
easements, dedicated utility strips or rights-of-way dedicated for
compatible uses now or hereafter held by the Franchising Authority in
the service area which shall entitle the Grantee to the use thereof for the
purpose of installing, operating, repairing and maintaining the cable
system.
11. “Service area” means the present boundaries of the Franchising
Authority and includes any additions thereto by annexation or other legal
means, subject to the exceptions in Section 112.14.
12. “Standard installation” is defined as 125 feet from the nearest tap
to the subscriber’s terminal.
13. “Subscriber” means a person who lawfully receives cable service
of the cable system with the Grantee’s express permission.
112.02 GRANT. The Franchising Authority hereby grants to the Grantee a

nonexclusive franchise which authorizes the Grantee to construct and operate a
cable system in, along, among, upon, across, above, over, under or in any
manner connected with public ways within the service area and for that purpose
to erect, install, construct, repair, replace, reconstruct, maintain or retain in, on,
over, under, upon, across or along any public way such facilities and equipment
as may be necessary or appurtenant to the cable system for the transmission and
distribution of cable services, data services, information and other
communications services or for any other lawful purposes.
112.03 OTHER ORDINANCES. The Grantee agrees to comply with the

terms of any lawfully adopted generally applicable local ordinance, to the
extent that the provisions of the ordinance do not have the effect of limiting the
benefits or expanding the obligations of the Grantee that are granted by this
franchise. Neither party may unilaterally alter the materials rights and

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obligations set forth in this franchise. In the event of a conflict between any
ordinance and this franchise, the franchise shall control.
112.04 LEVEL PLAYING FIELD. The Franchising Authority shall not

authorize or permit any person providing video programming services and/or
cable services to enter into the Franchising Authority’s public ways in any part
of the service area on terms or conditions more favorable or less burdensome to
such person than those applied to the Grantee pursuant to this franchise. A
franchising authority may require insurance or surety in excess of that required
under this franchise in recognition of such operator being either a new entrant
or because of the construction requirements specified in that operator’s
agreement with the Franchising Authority.
112.05 TERM. The franchise granted hereunder shall be for an initial term
of fifteen (15) years commencing on the effective date of the franchise † , unless
otherwise lawfully terminated in accordance with the terms of this chapter.
112.06 CONDITIONS OF OCCUPANCY. The cable system installed by

the Grantee pursuant to the terms hereof shall be located so as to cause a
minimum of interference with the proper use of public ways and with the rights
and reasonable convenience of property owners who own property that adjoins
any such public ways.
112.07 RESTORATION OF PUBLIC WAYS. If during the course of

Grantee’s construction, operation or maintenance of the cable system there
occurs a disturbance of any public way by the Grantee, the Grantee shall
replace and restore such public way to a condition reasonably comparable to the
condition of the public way existing immediately prior to such disturbance.
112.08 RELOCATION AT REQUEST OF THE FRANCHISING

AUTHORITY. Upon its receipt of reasonable advance written notice, to be
not less than ten (10) business days, the Grantee shall protect, support, raise,
lower, temporarily disconnect, relocate in or remove from the public way any
property of the Grantee when lawfully required by the Franchising Authority by
reason of traffic conditions, public safety, street abandonment, freeway and
street construction, change or establishment of street grade, installation of
sewers, drains, gas or water pipes or any other type of public structures or
improvements which are not used to compete with the Grantee’s services. The
Grantee shall in all cases have the right of abandonment of its property.
†
EDITOR’S NOTE: Ordinance No. 843 renewing a cable television franchise for the City was passed
and adopted on September 20, 2005, and accepted by the Grantee March 20, 2006.

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112.09 RELOCATION FOR A THIRD PARTY. The Grantee shall, on the

request of any person holding a lawful permit issued by the Franchise
Authority, protect, support, raise, lower, temporarily disconnect, relocate in or
remove from the public way as necessary any property of the Grantee,
provided: (i) the expense of such is paid by the person benefiting from the
relocation, including, if required by the Grantee, making such payment in
advance; and (ii) the Grantee is given reasonable advance written notice to
prepare for such changes. For purposes of this subsection, “reasonable advance
written notice” shall be no less than thirty (30) business days in the event of a
temporary relocation, and no less than one hundred twenty (120) days for a
permanent relocation.
112.10 TRIMMING OF TREES AND SHRUBBERY. The Grantee shall

have the authority to trim trees or other natural growth in order to access and
maintain the cable system.
112.11 SAFETY REQUIREMENTS. Construction, operation and

maintenance of the cable system shall be performed in an orderly and
workmanlike manner. All such work shall be performed in substantial
accordance with generally applicable Federal, State and local regulations and
the National Electric Safety Code.
112.12 UNDERGROUND CONSTRUCTION. In those areas of the service

area where all of the transmission or distribution facilities of the respective
public utilities providing telephone communications and electric services are
underground, the Grantee likewise shall construct, operate and maintain its
cable system underground. Nothing contained in this section shall require the
Grantee to construct, operate and maintain underground any ground-mounted
appurtenances.
112.13 ACCESS TO OPEN TRENCHES. The Franchise Authority agrees

to include the Grantee in the platting process for any new subdivision. At a
minimum, the Franchise Authority agrees to require as a condition of issuing a
permit for open trenching to any utility or developer that (1) the utility or
developer give the Grantee at least ten (10) days advance written notice of the
availability of the open trench, and (2) that the utility or developer provide the
Grantee with reasonable access to the open trench. Notwithstanding the
foregoing, the Grantee shall not be required to utilize any open trench.
112.14 REQUIRED EXTENSIONS OF THE CABLE SYSTEM. Grantee

agrees to provide cable service to all residences in the service area subject to the
density requirements specified in this section. Whenever the Grantee receives a
request for cable service from a potential subscriber in a unserved area

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contiguous to Grantee’s existing distribution facilities where there are at least

ten (10) residences within 1320 cable-bearing strand feet (one-quarter cable
mile) from the portion of the Grantee’s trunk or distribution cable which is to
be extended, it shall extend its cable system to such subscribers at no cost to
said subscribers for cable system extension, other than the published
standard/non-standard installation fees charged to all subscribers.
Notwithstanding the foregoing, the Grantee shall have the right, but not the
obligation, to extend the cable system into any portion of the service area where
another operator is providing cable service, into any annexed area which is not
contiguous to the present service area of the Grantee, or into any area which is
financially or technically infeasible due to extraordinary circumstances, such as
a runway or freeway crossing.
112.15 SUBSCRIBER CHARGES FOR EXTENSIONS OF SERVICE.

No subscriber shall be refused service arbitrarily. However, if an area does not
meet the density requirements of Section 112.14, the Grantee shall only be
required to extend the cable system to subscriber(s) in that area if the
subscriber(s) are willing to share the capital costs of extending the cable
system. Specifically, the Grantee shall contribute a capital amount equal to the
construction cost per mile, multiplied by a fraction whose numerator equals the
actual number of residences per 1320 cable-bearing strand feet from the
Grantee’s trunk or distribution cable, and whose denominator equals 10.
Subscribers who request service hereunder will bear the remaining cost to
extend the cable system on a pro rata basis. The Grantee may require that
payment of the capital contribution in aid of construction borne by such
potential subscribers be paid in advance. Subscribers shall also be responsible
for any standard/non-standard installation charges to extend the cable system
from the tap to the residence.
112.16 CABLE SERVICE TO PUBLIC BUILDINGS. The Grantee, upon

request, shall provide without charge a standard installation and one outlet of
basic cable to those administrative buildings owned or occupied by the
Franchising Authority, fire station(s), police station(s) and K-12 public
school(s), that are passed by its cable system. The cable service provided shall
not be distributed beyond the originally installed outlet without authorization
from the Grantee. The cable service provided shall not be used for commercial
purposes and such outlets shall not be located in areas open to the public. The
Franchising Authority shall take reasonable precautions to prevent any
inappropriate use of the Grantee’s cable system or any loss or damage to the
Grantee’s cable system. The Franchising Authority shall hold the Grantee
harmless from any and all liability or claims arising out of the provision and use
of cable service required by this section. The Grantee shall not be required to
provide an outlet to such buildings where a non-standard installation is

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required, unless the Franchising Authority or building owner/occupant agrees to

pay the incremental cost of any necessary cable system extension and/or non-
standard installation. If additional outlets of basic cable are provided to such
buildings, the building owner/occupant shall pay the usual installation and
service fees associated therewith.
112.17 EMERGENCY USE. If the Grantee provides an Emergency Alert

System (EAS), such EAS shall be operated in accordance with FCC
regulations. The Franchising Authority shall permit only appropriately trained
and authorized persons to operate the EAS equipment and shall take reasonable
precautions to prevent any use of the Grantee’s cable system in any manner that
results in inappropriate use thereof, or any loss or damage to the cable system.
Except to the extent expressly prohibited by law, the Franchising Authority
shall hold the Grantee, its employees, officers and assigns harmless from any
claims arising out of the use of the EAS, including, but not limited to,
reasonable attorneys’ fees and costs.
112.18 REIMBURSEMENT OF COSTS. If funds are available to any

person using the public way for the purpose of defraying the cost of any of the
foregoing, the Franchising Authority shall reimburse the Grantee in the same
manner in which other persons affected by the requirement are reimbursed. If
the funds are controlled by another governmental entity, the Franchising
Authority shall make application for such funds on behalf of the Grantee.
112.19 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS.

The Grantee shall continue to provide one (1) channel to the Franchising
Authority or its non-profit designee for non-commercial public, educational
and/or government access programming. This channel shall be designated as
the “Access Channel” in this chapter.
1. The Grantee shall continue to provide the Franchising Authority
with the capability to allow live broadcast on the Access Channel in the
service area from the Recreation Center located at 1800 Pattee Street and
the Perry High School located at 1200 18th Street throughout the term of
this agreement. In addition, the Grantee shall provide the capability to
allow live broadcast on the Access Channel from the Perry Public
Library located at 1101 Willis Ave. no later than April 30, 2006.
2. The Franchising Authority or its designee shall exercise sole
control over the operation and shall establish rules for the use of the
Access Channel.
3. The Grantee shall provide ongoing capital support for public,
educational, and governmental access equipment and facilities in the
amount of not to exceed fifty cents ($.50) per subscriber per month for

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the entire term of this Agreement payable in the same manner as the
franchise fee payment pursuant to Section 112.20 hereof. The Grantee
acknowledges that this amount shall not be considered gross revenues
subject to the payment of franchise fees pursuant to Section 112.20
hereof. Furthermore, payments of this ongoing support shall not be
deemed to be “franchise fees” within the meaning of Section 622 of the
Cable Act and such payment shall not be deemed to be "payments-in-
kind" or any involuntary payments chargeable against the compensation
to be paid to the Grantor by the Grantee pursuant to Section 112.20
hereof. A Grantee shall be allowed to collect such fee as a pass through
to cable subscribers.
4. The Grantee shall provide the Franchising Authority with
$3,000.00 for Access Channel capital needs no later than January 15,
2006, provided that the Grantor supplies documentation that Grantor has
spent a minimum of eighty percent (80%) of its franchise fee revenues
received from the Grantee from the previous year to support the Access
Channel.
The Grantee shall provide the Grantor with a second grant of $3,000.00
for Access Channel capital needs no later than January 15, 2009,
provided that the Grantor supplies documentation that the Grantor has
utilized a minimum of eighty percent (80%) of the franchise fees
received from the Grantee to support the Access Channel.
The Grantee shall provide the Grantor with a third grant of $3,000.00 for
Government and Educational access capital needs no later than January
15, 2012, provided that the Grantor supplies documentation that the
Grantor has utilized a minimum of eighty percent (80%) of the franchise
fees received from the Grantee to support the Access Channel.
The Grantee shall provide the Grantor with a fourth grant of $3,000.00
for Government and Educational access capital needs no later than
January 15, 2015, provided that the Grantor supplies documentation that
the Grantor has utilized a minimum of eighty percent (80%) of the
franchise fees received from the Grantee to support the Access Channel.
The City shall indemnify and hold the Grantee harmless from any claims
by any Person that the Government and Educational Capital Support
Grant violates applicable law.
5. Additional Channels. Whenever the Access Channel as required
by this section is in use more than fifty percent (50%) of prime time (as
defined in Section 76.5(n) of the FCC Rules and Regulations) and more
than fifty percent (50%) outside of prime time over a three month period,
with at least fifty percent (50%) of the programming being original and

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not duplicated, and there is demand for use of additional channels for the
same purpose, the Grantee shall have six (6) months to make an
additional channel available for the same purpose, provided, however,
that the cable system has been rebuilt/upgraded to a capacity of seventy-
seven (77) channels and that said Access Channel does not interfere with
existing use of the channel capacity on the Cable System. In no event
shall the Grantee be required to provide more the three (3) access
channels on the cable system.
6. In the event that the ongoing capital support is not required by the
City for public, educational and/or governmental access facilities, then
the Grantee and the Franchising Authority agree to negotiate in good
faith the termination of Section 112.19(3 & 4).
112.20 FRANCHISE FEE.

1. The Grantee shall pay to the Franchise Authority a franchise fee
of five percent (5%) of annual gross revenues (as defined in Section
112.01 of this chapter). In accordance with the Cable Act, the twelve
(12) month period applicable under the franchise for the computation of
the franchise fee shall be a calendar year. The franchise fee payment
shall be due quarterly and payable within 90 days after the close of the
preceding quarter. Each payment shall be accompanied by a brief report
prepared by a representative of the Grantee showing the basis for the
computation.
2. Limitation on Franchise Fee Actions. The period of limitation for
recovery by the Franchising Authority of any franchise fee payable
hereunder shall be three (3) years from the date on which payment by the
Grantee is due to the Franchising Authority.
112.21 RATES AND CHARGES. The Franchising Authority may regulate

rates for the provision of basic cable and equipment as expressly permitted by
Federal or State law.
112.22 RENEWAL OF FRANCHISE.

1. The Franchising Authority and the Grantee agree that any
proceedings undertaken by the Franchising Authority that relate to the
renewal of the Grantee’s franchise shall be governed by and comply with
the renewal provisions of Federal law.
2. In addition to the procedures set forth in the Cable Act, the
Franchising Authority agrees to notify the Grantee of its assessments
regarding the identity of future cable-related community needs and
interests, as well as the past performance of the Grantee under the then

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current franchise term. The Franchising Authority further agrees that

such assessments shall be provided to the Grantee promptly so that the
Grantee has adequate time to submit a proposal pursuant to the Cable
Act and complete renewal of the franchise prior to expiration of its term.
3. Notwithstanding anything to the contrary set forth in this section,
the Grantee and the Franchising Authority agree that at any time during
the term of the then current franchise, while affording the public
appropriate notice and opportunity to comment in accordance with the
provisions of Federal law, the Franchising Authority and Grantee may
agree to undertake and finalize informal negotiations regarding renewal
of the then current franchise and the Franchising Authority may grant a
renewal thereof.
4. The Grantee and the Franchising Authority consider the terms set
forth in this section to be consistent with the express provisions of the
Cable Act.
112.23 CONDITIONS OF SALE. If a renewal or extension of Grantee’s

franchise is denied or the franchise is lawfully terminated, and the Franchising
Authority either lawfully acquires ownership of the cable system or by its
actions lawfully effects a transfer of ownership of the cable system to another
party, any such acquisition or transfer shall be at the price determined pursuant
to the provisions set forth in Section 627 of the Cable Act. The Grantee and the
Franchising Authority agree that in the case of a final determination of a lawful
revocation of the franchise, the Grantee shall be given at least twelve (12)
months to effectuate a transfer of its cable system to a qualified third party.
Furthermore, the Grantee shall be authorized to continue to operate pursuant to
the terms of its prior franchise during this period. If, at the end of that time, the
Grantee is unsuccessful in procuring a qualified transferee or assignee of its
cable system which is reasonably acceptable to the Franchising Authority, the
Grantee and Franchising Authority may avail themselves of any rights they may
have pursuant to Federal or State law. It is further agreed that the Grantee’s
continued operation of the cable system during the twelve-month period shall
not be deemed to be a waiver, nor an extinguishment of, any rights of either the
Franchising Authority or the Grantee.
112.24 TRANSFER OF FRANCHISE. The Grantee’s right, title or interest

in the franchise shall not be sold, transferred, assigned or otherwise
encumbered, other than to an entity controlling, controlled by or under common
control with the Grantee, without the prior written notice to the Franchising
Authority. No such consent shall be required, however, for a transfer in trust,
by mortgage, by other hypothecation, or by assignment of any rights, title or

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interest of the Grantee in the franchise or cable system in order to secure

indebtedness.
112.25 BOOKS AND RECORDS. The Grantee agrees that the Franchising
Authority, upon thirty (30) days written notice to the Grantee and no more than
once annually, may review such of its books and records at the Grantee’s
business office, during normal business hours and on a nondisruptive basis, as
is reasonably necessary to ensure compliance with the terms of this franchise.
Such notice shall specifically reference the section of the franchise which is
under review, so that the Grantee may organize the necessary books and records
for easy access by the Franchising Authority. Alternatively, if the books and
records are not easily accessible at the local office of the Grantee, the Grantee
may, at its sole option, choose to pay the reasonable travel costs of the
Franchising Authority’s representative to view the books and records at the
appropriate location. The Grantee shall not be required to maintain any books
and records for franchise compliance purposes longer than three (3) years.
Notwithstanding anything to the contrary set forth herein, the Grantee shall not
be required to disclose information which it reasonably deems to be proprietary
or confidential in nature, nor disclose books and records of any affiliate which
is not providing cable service in the service area. The Franchising Authority
agrees to treat any information disclosed by the Grantee as confidential and
only to disclose it to employees, representatives and agents thereof that have a
need to know, or in order to enforce the provisions hereof. The Grantee shall
not be required to provide subscriber information in violation of Section 631 of
the Cable Act.
112.26 INSURANCE REQUIREMENTS. The Grantee shall maintain in

full force and effect, at its own cost and expense, during the term of the
franchise, Commercial General Liability Insurance in the amount of $1,000,000
combined single limit for bodily injury and property damage. The Franchising
Authority shall be designated as an additional insured. Such insurance shall be
noncancellable except upon thirty (30) days’ prior written notice to the
Franchising Authority. Upon written request, the Grantee shall provide a
Certificate of Insurance showing evidence of the coverage required by this
section.
112.27 INDEMNIFICATION. The Grantee agrees to indemnify, save and

hold harmless and defend the Franchising Authority, its officers, boards and
employees, from and against any liability for damages and for any liability or
claims resulting from property damage or bodily injury (including accidental
death) which arise out of the Grantee’s construction, operation or maintenance
of its cable system in the service area, provided that the Franchising Authority
shall give the Grantee written notice of its obligation to indemnify the

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Franchising Authority within ten (10) days of receipt of a claim or action

pursuant to this section. Notwithstanding the foregoing, the Grantee shall not
indemnify the Franchising Authority for any damages, liability or claims
resulting from the willful misconduct or negligence of the Franchising
Authority.
112.28 NOTICE OF VIOLATION. In the event that the Franchising

Authority believes that the Grantee has not complied with the terms of the
franchise, the Franchising Authority shall informally discuss the matter with
Grantee. If these discussions do not lead to resolution of the problem, the
Franchising Authority shall notify the Grantee in writing of the exact nature of
the alleged noncompliance.
112.29 GRANTEE’S RIGHT TO CURE OR RESPOND. The Grantee

shall have thirty (30) days from receipt of the notice described in Section
112.28 to: (i) respond to the Franchising Authority contesting the assertion of
noncompliance; or (ii) to cure such default; or (iii) in the event that, by the
nature of the default, such default cannot be cured within the thirty-day period,
initiate reasonable steps to remedy such default and notify the Franchising
Authority of the steps being taken and the projected date that they will be
completed.
112.30 PUBLIC HEARING. In the event that the Grantee fails to respond
to the notice as described in Section 112.28 pursuant to the procedures set forth
in Section 112.29, or in the event that the alleged default is not remedied within
thirty (30) days or the date projected pursuant to Section 112.29(iii) above, if it
intends to continue its investigation into the default, then the Franchising
Authority shall schedule a public hearing. The Franchising Authority shall
provide the Grantee at least ten (10) days’ prior written notice of such hearing,
which specifies the time, place and purpose of such hearing and provide the
Grantee the opportunity to be heard.
112.31 ENFORCEMENT. Subject to applicable Federal and State law, in

the event the Franchising Authority, after the hearing set forth in 112.30,
determines that the Grantee is in default of any provision of the franchise, the
Franchising Authority may:
1. Seek specific performance of any provision which reasonably
lends itself to such remedy, as an alternative to damages; or
2. Commence an action at law for monetary damages or seek other
equitable relief; or

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3. In the case of a substantial default of a material provision of the

franchise, seek to revoke the franchise in accordance with Section
112.32.
112.32 REVOCATION. Should the Franchising Authority seek to revoke

the franchise after following the procedures set forth in Sections 112.28 –
112.31, the Franchising Authority shall give written notice to the Grantee of its
intent. The notice shall set forth the exact nature of the noncompliance. The
Grantee shall have ninety (90) days from such notice to object in writing and to
state its reasons for such objection. In the event the Franchising Authority has
not received a satisfactory response from the Grantee, it may then seek
termination of the franchise at a public meeting. The Franchising Authority
shall cause to be served upon the Grantee, at least thirty (30) days prior to such
public meeting, a written notice specifying the time and place of such meeting
and stating its intent to revoke the franchise. At the designated hearing,
Grantee shall be provided a fair opportunity for full participation, including the
right to be represented by legal counsel, to introduce relevant evidence, to
require the production of evidence, to compel the relevant testimony of the
officials, agents, employees or consultants of the Franchising Authority to
compel the testimony of other persons as permitted by law and to question
witnesses. A complete verbatim record and transcript shall be made of such
hearing. Following the hearing, the Franchising Authority shall determine
whether or not the franchise shall be revoked. If the Franchising Authority
determines that the franchise shall be revoked, the Franchising Authority shall
promptly provide Grantee with its decision in writing. The Grantee may appeal
such determination of the Franchising Authority to an appropriate court which
shall have the power to review the decision of the Franchising Authority de
novo. Grantee shall be entitled to such relief as the court finds appropriate.
Such appeal must be taken within sixty (60) days of Grantee’s receipt of the
determination of the Franchising Authority. The Franchising Authority may, at
its sole discretion, take any lawful action which it deems appropriate to enforce
the Franchising Authority’s rights under the franchise in lieu of revocation of
the franchise.
112.33 FORCE MAJEURE. The Grantee shall not be held in default under
or in noncompliance with the provisions of the franchise or suffer any
enforcement or penalty relating to noncompliance or default, where such
noncompliance or alleged defaults occurred or were caused by circumstances
reasonably beyond the ability of the Grantee to anticipate and control. This
provision includes work delays caused by waiting for utility providers to
service or monitor their utility poles to which Grantee’s cable system is
attached, as well as unavailability of materials and/or qualified labor to perform
the work necessary. Furthermore, the parties hereby agree that it is not the

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Franchising Authority’s intention to subject the Grantee to penalties, fines,

forfeitures or revocation of the franchise for violations of the franchise where
the violation was a good faith error that resulted in no or minimal negative
impact on the subscriber within the service area, or where strict performance
would result in practical difficulties and hardship to the Grantee which
outweigh the benefit to be derived by the Franchising Authority and/or
subscribers.
112.34 ACTIONS OF PARTIES. In any action by the Franchising

Authority or the Grantee that is mandated or permitted under the terms hereof,
such party shall act in a reasonable, expeditious and timely manner.
Furthermore, in any instance where approval or consent is required under the
terms hereof, such approval or consent shall not be unreasonably withheld.
112.35 ENTIRE AGREEMENT. This franchise constitutes the entire

agreement between the Grantee and the Franchising Authority and supersedes
all other prior understandings and agreements oral or written. Any amendments
to this franchise shall be mutually agreed to in writing by the parties.
112.36 NOTICE. Unless expressly otherwise agreed between the parties,

every notice or response required by this franchise to be served upon the
Franchising Authority or the Grantee shall be in writing, and shall be deemed to
have been duly given to the required party when placed in a properly sealed and
correctly addressed envelope: a) upon receipt when hand delivered with
receipt/acknowledgment, b) upon receipt when sent certified, registered mail, or
c) within five (5) business days after having been posted in the regular mail, or
d) the next business day if sent by express mail or overnight air courier.
The notices or responses to the Franchising Authority shall be addressed as

follows:
City of Perry
908 Willis Street
Perry, IA 50220
The notice of responses to the Grantee shall be addressed as follows:
Mediacom
2205 Ingersoll Avenue
Des Moines, IA 50312-5289
Attn: Government Relations

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With a copy to:
MCC Iowa, LLC

100 Crystal Run Road
Middletown, NY 10940
Attn: Legal Department
The Franchising Authority and the Grantee may designate such other address or
addresses from time to time by giving notice to the other in the manner
provided for in this section.

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CHAPTER 113
CABLE TELEVISION RATES AND CHARGES

113.01 Council Authority 113.03 Public Input
113.02 Delegation of Authority
113.01 COUNCIL AUTHORITY. The Council is authorized to engage in

the regulation of rates for cable service of a cable system operated within the
City, provided that such regulation shall only be conducted in a manner which
is consistent with 47 U.S.C. §543 and FCC Report and Order in Docket 92-266,
FCC 93-117, the terms of which, including all subsequent amendments, are
incorporated herein by reference.
113.02 DELEGATION OF AUTHORITY. The Council may, for purposes

of administration of such rates regulation, delegate the authority granted above
to any qualified and acting committee or commission created by the Mayor or
the Council.
113.03 PUBLIC INPUT. The Council, or its duly authorized delegate, shall,
in all rate regulation proceedings, provide a reasonable opportunity for
consideration of the views of interested parties.

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CHAPTER 113 CABLE TELEVISION RATES AND CHARGES
°°°°°°°°°°

- 622 -
CHAPTER 114
RIGHTS-OF-WAY
114.01 Purpose and Rule of Interpretation 114.09 City Construction and Paving
114.02 Franchise, License or Lease Required 114.10 Design Notice to City
114.03 Fees Required 114.11 Above-Ground Cables, Wires, Conduits and Poles
114.04 Limit on Term 114.12 Assignment
114.05 Placement of Facilities 114.13 Forfeiture
114.06 Indemnification and Bond 114.14 Application
114.07 Regulation by the City 114.15 Home Rule
114.08 Construction and Excavation by Holders 114.16 New Technologies
114.01 PURPOSE AND RULE OF INTERPRETATION. The purpose of

this chapter is to establish uniform rules and controls to ensure public safety
and provide efficient delivery of services by the City and others wishing to
utilize streets and other public property for the delivery of utility or other
services, in order to protect public and private investment, ensure orderly use of
public property and ensure the health, safety and welfare of the population, to
provide for the regulation and administration of the public streets and other
public property and secure the rights of the City to a return on its investment in
public property. This chapter is to be interpreted in light of these findings for
the benefit of the public and users of the streets and other public property.
114.02 FRANCHISE, LICENSE OR LEASE REQUIRED. No person or

other entity shall use the public right-of-way or other public property without
first obtaining a franchise, license or lease from the City. The City shall not
enter into or issue any franchise, license or lease that grants exclusive rights.
An application for a license or lease shall be filed with the Clerk on a form
provided by the City and shall include as a minimum the following information:
the name, address and telephone number of the applicant; the name, address and
telephone number of a person whom the City may notify or contact at any time
concerning the license or lease; an engineering site plan showing the proposed
location of the facilities including any manholes, the size, type and proposed
depth of any conduit or other enclosures; and any additional information the
City may require. All licenses or leases required by this section shall be
granted by the Council.
114.03 FEES REQUIRED. (REPEALED BY ORDINANCE NO. 819 –

JUL. 04 SUPP.)
114.04 LIMIT ON TERM. No franchise, license or lease for use of the

public right-of-way or other public property shall be granted for a term of more
than fifteen (15) years.

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CHAPTER 114 RIGHTS-OF-WAY
114.05 PLACEMENT OF FACILITIES. The facilities, fixtures and

equipment of the distribution, transmission or sale of any utility services, or
services provided under license or lease or easement, shall be placed and
maintained so as not to unnecessarily or unreasonably interfere with the travel
on the streets, highways, avenues, alleys, bridges and public places in the City,
nor shall such facilities, fixtures and equipment interfere with the proper use of
the same, including, but not limited to, ordinary drainage, or the functioning of
the sewers, underground pipe or other property of the City. In the event that
facilities, fixtures and equipment of any person or other entity located within a
public right-of-way must be relocated because of paving, road construction or
road reconstruction, sewer construction or sewer reconstruction or the
construction or reconstruction of public drainage systems or similar public
works or the construction or reconstruction of the facilities of any City-owned
utility, such relocation, at the written request of the City, shall be completed by
the owner of such facilities at the owner’s cost. The City shall upon request of
any person or other entity holding a franchise, license or lease, review any plans
for the construction of facilities, fixtures and equipment within the public right-
of-way and advise the person or other entity of any conflict such construction
may have with planned or anticipated public improvements, but failure of the
City to so advise such person or other entity will not relieve the owner of such
facilities of its obligations under this chapter. Notwithstanding the foregoing,
the City Administrator may require placement of equipment or facilities
belonging to any holder of a franchise, license or lease be limited to locations
designated by the City Administrator if such limitation is deemed by the City
Administrator to be necessary to protect the integrity of use of present and
future users of the public right-of-way or other public property.
114.06 INDEMNIFICATION AND BOND. The holder of any franchise,

license or lease shall indemnify and hold the City harmless at all times during
the term of the franchise, license or lease from and against all claims for injury
or damage to any person or property, including payments under worker’s
compensation laws, caused by the construction, erection, operation or
maintenance of its facilities, fixtures or equipment, or the negligence of its
contractors or its employees. In case of any suit or action at law being
commenced against the City, upon any claim for damage arising out of any
loss, injury or damage claimed to have been caused by any installation,
improvement, obstruction or excavation made or left in, under or upon such
street, sidewalk, alley or public place by the holder of a franchise, license or
lease, its agents, contractors or employees, upon being notified in writing by the
City of such action or proceeding, the holder of said franchise, license or lease
shall appear and make proper defense thereto at the expense of the holder of the
franchise, license or lease; and if any judgment or decree shall in any such case

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be rendered against the City therein, the holder of said franchise, license or
lease shall assume, pay and satisfy such judgment or decree, with the cost
thereof. Immediately upon issuance of the franchise, license or lease, the
holder of the franchise, license or lease shall purchase general liability
insurance. The amount of insurance shall be a minimum of $1,000,000 with a
maximum deductible of $5,000. The holder of the franchise, license or lease
shall file with the Clerk a certificate of insurance which clearly discloses on its
face coverage in conformity with these requirements. Upon request of the City,
the holder of the franchise, license or lease shall submit a certified copy of the
policy.
114.07 REGULATION BY THE CITY. The City reserves the right to

make reasonable general regulations for the use of streets and other public
property which unless otherwise specifically provided shall apply to any holder
of a franchise, license or lease.
114.08 CONSTRUCTION AND EXCAVATION BY HOLDERS. A

written permit will be obtained from the Clerk whenever it becomes necessary
for the holder of any franchise, license or lease to excavate in streets or public
grounds of the City. Such permits shall state a particular part or point of the
street where the excavation is to be made and the length of time in which such
permit shall authorize the work to be done. An exception to a requirement for a
permit shall be made in cases of emergency involving public safety, in which
case a permit will be obtained at the earliest opportunity after the work has
started. In making excavations in the streets, the holder of any franchise,
license or lease shall proceed with such work as to cause the least possible
inconvenience to the public. The holder of any franchise, license or lease shall
properly protect, according to safety standards generally accepted at the time of
placement as may be determined from time to time by the Public Works
Director, all excavations and obstructions by proper placement of shoring,
surface plates, barricades, warning lights and such other or additional devices as
circumstances may warrant. If in the opinion of the Public Works Director such
excavation or obstruction is not properly and safely protected, the Public Works
Director shall notify such holder of a franchise, license or lease, who shall
immediately comply with such reasonable instructions. Immediately after use,
any trenches for excavations which the holder of a franchise, license or lease
has opened shall be filled. However, no trench or excavation in the streets shall
be filled or covered without giving the City the right to inspect the same. All
backfilling in streets will be according to City specifications. Temporary street
surfacing will be placed in such excavations as soon as the same has been
backfilled. Pavements, sidewalks, curbs and gutters or other portions of streets
and public places opened, disturbed or damaged shall be promptly restored and
replaced with like materials at the expense of the holder of a franchise, license

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or lease and left in as good condition as before the opening, disturbance or

damage occurred. In the event like replacement materials are not available, the
holder of the franchise, license or lease shall notify the Public Works Director,
who must approve the use of any alternate materials. In the event that the
holder of a franchise, license or lease fails to comply with the provisions of this
section, after having been given reasonable notice, the City may do such work
as may be needed to properly repair such pavements, sidewalks, curbs and
gutters or other portions of streets and public places and the cost thereof shall
be repaid to the City by the holder of the franchise, license or lease. In cases
where a cut or disturbance is made in a section of street paving or sidewalks,
but causes greater disturbance than to just the area cut, rather than replace only
the area cut, the holder of a franchise, license or lease shall replace that area as
may be ordered by the Public Works Director, which in no event shall exceed
the panel or panels disturbed.
114.09 CITY CONSTRUCTION AND PAVING. Whenever the City shall

pave or repave any street or shall change the grade line of any street or public
place or shall construct or reconstruct any conduit, water main service or water
connection, sewer or other City-owned public works or City-owned utility, it
shall be the duty of the holder of any franchise, license or lease, when so
ordered by the City, to relocate its service lines and other property in the streets
or other public places at its own expense so as to conform to the established
grade or line of such street or public place and so as not to interfere with the
public improvements so constructed or reconstructed. In the case of other
public improvements, including but not limited to urban renewal projects, the
City may require the holder of a franchise, license or lease to relocate its poles,
service lines and appurtenances in the streets at the owner’s expense. The City
may at its discretion assign personnel for inspection of excavation and related
work being performed by the holder of a franchise, license or lease. Should the
holder of the franchise, license or lease fail or refuse to do and perform the
things provided in this section, the City may, after reasonable notice, perform
the work and charge the expense thereof to the holder of the franchise, license
or lease and the holder of the franchise, license or lease shall promptly pay said
charges.
114.10 DESIGN NOTICE TO CITY. The holder of a franchise, license or

lease shall promptly, upon request, furnish the Public Works Director a detailed
map or maps of its distribution system both within the City limits and the area
within two miles surrounding the City unless that area is within another City.
The holder of a franchise, license or lease shall thereafter update the map or
maps at least annually or upon request, showing all subsequent additions or
deletions to the distribution system. Prior to any excavation by the City or its
agents, a representative must contact the holder of any franchise, license or

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lease regarding current information on the location of underground lines or

facilities in the area concerned. The obligation to contact the holder of a
franchise, license or lease under this section shall be satisfied if contact is made
with the corporation organized pursuant Chapter 480 of Code of Iowa or an
entity with a similar function utilized by both the City and the Company,
currently the Iowa One Call System.
114.11 ABOVE-GROUND CABLES, WIRES, CONDUITS AND

POLES. All cables, wires, and conduits shall be placed underground except
where above-ground connection to buildings or other locations above ground is
reasonably necessary. Such above-ground connection shall be by means of
poles located, as far as reasonably practical, within alleys. No such poles shall
be installed or erected until the Public Works Director has approved the
proposed location, construction and pole heights.
114.12 ASSIGNMENT. No sale or assignment of any franchise, license or

lease of the use of the public right-of-way or other public property shall be
effective until it is approved by the Council and until the holder thereof has
filed in the office of the Clerk written notice of the proposed sale, transfer,
disposition or assignment, such notice to clearly summarize the proposed
procedure and the terms and conditions thereof. Such approval by the City
shall not be unreasonably withheld. The proposed vendee, assignee or lessee
shall similarly file an instrument, duly executed, reciting such proposal,
accepting the terms of the franchise, license or lease and agreeing to perform all
of the conditions thereof.
114.13 FORFEITURE. The violation of any material portion of a franchise,

license or lease by the holder thereof or its successors or assigns or its failure
promptly to perform any of the provisions of this chapter shall be cause for
forfeiture of said franchise, license or lease and the termination of all rights
thereunder. Such forfeiture shall be accomplished by ordinance of the City
after written notice to the holder thereof and a continuation of the violation,
failure or default specified on the notice for at least thirty (30) days from the
date the notice was served.
114.14 APPLICATION. This chapter shall apply to all franchises, licenses

or leases and easements granted by the City, including all existing franchises,
licenses or leases and easements.
114.15 HOME RULE. This chapter is intended to be and shall be construed

as consistent with the reservation of local authority contained in the 25th
Amendment to the Iowa Constitution granting cities Home Rule powers. To
such end, any limitation on the power of the City contained herein is to be

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strictly construed and the City reserves to itself the right to exercise all power
and authority to regulate and control its local affairs and all ordinances and
regulations of the City shall be enforceable against the holder of any franchise,
license or lease.
114.16 NEW TECHNOLOGIES. Should, within the term of any franchise,

license or lease, developments within the field for which the grant was made
offer to the holder thereof the opportunity to effectively, efficiently and
economically serve its customers through use of a substance or material other
than those for which the grant was originally made, then the holder of the
franchise, license or lease may petition the Council, which, with such
requirements or limitation as it deems necessary to protect public health, safety
and welfare, may allow the use of such substances under the terms and
conditions of the franchise, license or lease.

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CHAPTER 115
CEMETERY
115.01 Purpose 115.07 Payment for Operating Expenses
115.02 Definition 115.08 Investment of Perpetual Care Fund
115.03 Rules 115.09 Penalties for Failure to Pay Annual Charge
115.04 Sale of Lots 115.10 Execution of Deeds of Conveyance
115.05 Annual Charge on Lots Previously Sold for 115.11 Transfers or Assignments
Which Perpetual Care Has Not Been Provided 115.12 Records to be Kept by Clerk
115.06 Perpetual Care May Be Provided on
Lots Previously Sold
115.01 PURPOSE. For the purpose of regulating the City cemetery, for the
care and supervising of the same, a department of the City government shall be
known as the Cemetery Department.
115.02 DEFINITION. The term “cemetery” means the Violet Hill

Cemetery.
115.03 RULES. The following rules and regulations for the sale of lots and
care and maintenance of the cemetery are hereby adopted and established:
1. Sale of Lots. Lots shall be sold by the City Clerk or Deputy Clerk
at the established price set by the Council. No lot shall be used for any
purpose until purchase price is paid in cash.
2. Deeds Recorded. Every cemetery deed shall be recorded by the
Clerk in a book kept for that purpose in the Clerk’s office.
3. Plat. The Clerk shall have in the Clerk’s office a plat of the
cemetery, each lot being described and the purchase price named
thereon.
4. Lots Sold. Upon issuance of a deed to a cemetery lot, the Clerk
shall mark upon the plat on the proper lot “Sold to (naming the
purchaser, and giving the date).” At the issuance of the deed the Clerk
shall retain the purchaser’s contract of sale marked, “Deed issued,
(giving date).”
5. Sale Void. The contracts of sale shall recite that they will be void
after ten (10) days, and if at the expiration of this time no deed has been
issued, the Clerk may sell the lot to another purchaser.
6. Burial Information Form. A burial information form must be
filled out and presented to the Clerk the same day as burial.

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CHAPTER 115 CEMETERY
7. Plantings and Grading. In order to protect the rights of all and

secure the best general results, the Council requires that all grading,
planting of trees, shrubbery, flowers and other like permanent
improvements be done only in accordance with the direction of the
Clerk.
8. Decorations. From March 15 to November 15, decorations must
be contained in a vase, on the stone or on an ornamental lawn hook.
Ornamental lawn hooks may be a maximum of four (4) feet tall and
ornaments on the hook must be at least eighteen (18) inches off the
ground. Exceptions: Decorations are allowed ten (10) days before and
shall be removed seven (7) days following Memorial Day; decorations
are allowed five (5) days before and shall be removed five (5) days
following Mothers Day and Fathers Day. Decorations placed on graves
after November 15 may remain at least until March 1. Depending on
weather conditions, decorations placed after November 15 will be
removed during or after the time period from March 1 through March
15. Whenever reasonably possible, the City will provide a public service
announcement at least forty-eight (48) hours prior to removing
decorations. The announcement will be provided to the radio station, the
local TV station and the local newspaper. There is no restriction on
organization emblems currently placed beside the headstones of
deceased members for the Odd Fellow, Rebekahs, the American Legion
or the Perry Fire Department. Flags placed on the emblems will be
allowed consistent with Memorial Day regulations stated above.
9. Work To Be Approved. Lot owners may have planting or other
work done on their lots at their expense on application to the Clerk. No
workers other than employees of the cemetery shall be admitted to the
cemetery except with the consent of the Cemetery Supervisor.
10. Fences. No coping or fence or any kind of enclosure shall be
permitted.
11. Interment Limited. All interments in lots shall be restricted to the
family of the lot owner except by consent of lot owner.
12. Disinterment. No disinterment shall be allowed without the
permission of the lot owner or legal representative and certificate as by
law provided.
13. Burial Request. Prior to scheduled burial services, requests may
be made no less than twenty-four (24) hours in advance.
14. Sunday Interment Prohibited. No bodies shall be interred in the
cemetery on any Sunday.

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15. Foundations. As a guarantee of good work, and as a protection to

all lot holders, and for the general welfare of the cemetery, the Cemetery
Department reserves the right to regulate all work done in the cemetery,
under the following conditions:
A. All work on foundations or memorial work shall be done
within the working hours of 7:00 a.m. and 4:00 p.m., Monday
through Friday, except holidays. All work must be done only
with the Clerk’s knowledge. All work must be approved by the
Clerk. All unsatisfactory work will be required to be replaced.
B. The lot holder’s order, on a blank furnished by the
Cemetery Department, authorizing the work to be done, must be
deposited with the Clerk and full payment for said work ordered
done made to the Clerk before excavation is commenced. Said
payment shall be made at the rate of fifty-five cents ($.55) per
cubic foot.
C. Foundations for all monumental and super-structural work
must comply with all specifications on file in the Clerk’s office.
Variances may be made by the Clerk.
D. The bottom base of all monumental work must be squared
sufficiently to allow it to rest on the foundation in its proper
position, as no wedging or underpinning will be allowed.
E. Orders for memorial work of any kind will not be honored
on lots not paid for.
F. No person shall erect, have erected, or attempt to erect or
build any foundation or base for monumental or super-structural
work in the cemetery, except as provided herein.
G. Pre-cast tops on all foundations are required with a
minimum of 4-inch flange on all four (4) sides of the monument.
16. Vaults. No vaults shall be permitted to be built unless the designs
for the same are exceptionally good, and the construction is solid and
thorough, and the designs are submitted to and approved by the
Cemetery Committee.
17. Material Storage. Material for stone or marble work will not be
allowed to remain in the cemetery longer than shall be strictly necessary
and all unused material must be removed as soon as the work is
completed. In case of neglect, such removal shall be made by the City
and at the expense of the lot owner and contractor. No material of any
kind shall be received at the cemetery on Saturdays, Sundays or
holidays.

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18. Roads and Walks. It is the duty and right of the Cemetery
Department from time to time to lay out and alter roads, driveways,
walks and alleys, and to make such rules and regulations as they may
deem proper.
19. Enclosures. Stone or other enclosures around graves are
prohibited and the mounds over graves shall be regulated by the
Cemetery Department. No above ground vaults or mausoleums shall be
built or erected.
20. Use of Vehicles. No person shall operate an automobile or other
motor vehicle faster than ten (10) miles per hour within the limits of the
cemetery. Driving on the grass walks and alleys is prohibited.
21. Children. Children are not allowed in the cemetery except when
accompanied by an adult. Their admittance otherwise shall be at the
discretion of the Cemetery Supervisor.
22. Pets. All persons are prohibited from bringing pets to the
cemetery.
23. Enforcement. The Cemetery Supervisor is directed to enforce
these rules and regulations and exclude from the cemetery any persons
violating the same, and report the names of all persons violating the rules
and regulations to the Police Department.
24. Uniform Grade. No curbing or raising of roads or graves shall be
permitted except under such uniform specifications as are adopted and
approved by the Council. All monuments, grave stones and grave
markers shall be on uniform lines; no corner posts shall extend above the
ground more than one-half inch.
25. Cemetery Hours. All persons are prohibited from entering the
cemetery after the hours of nine o’clock (9:00) p.m. and before daylight
except when engaged in the burial of bodies or attending funerals.
26. Additional Rules. The Council may from time to time adopt
additional rules and regulations for the operation of the cemetery by
resolution. Any such additional rules and regulations so adopted shall be
posted in a conspicuous place at the cemetery or City Hall and shall be in
full force and effect thereafter.
115.04 SALE OF LOTS. The sale of any lot or fraction thereof shall be for
the value thereof as now or hereafter fixed by the Council plus an amount
necessary to the perpetual upkeep or maintenance thereof. Upon the receipt of
any money for the sale of any such lot, the money received shall be divided so
that the cost of the lots sold shall be placed in the General Cemetery Fund and

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the amount received for perpetual upkeep shall be placed in the Perpetual Care
Fund.
115.05 ANNUAL CHARGE ON LOTS PREVIOUSLY SOLD FOR

WHICH PERPETUAL CARE HAS NOT BEEN PROVIDED. As to any
lots or portions thereof heretofore sold and the perpetual care thereof has not
been paid, an annual charge shall be made in an amount as prescribed from time
to time by the Council, which annual charge shall be deposited in the General
Cemetery Fund.
115.06 PERPETUAL CARE MAY BE PROVIDED ON LOTS

PREVIOUSLY SOLD. The owner or owners of any lots heretofore sold may
deposit with the City such an amount that may from time to time be prescribed
by the Council for the perpetual care of said lots, which moneys when so
deposited shall be placed in the Perpetual Care Fund.
115.07 PAYMENT FOR OPERATING EXPENSES. From the General

Cemetery Fund there shall be paid the cost and expense of the general
maintenance and operation of the cemetery.
115.08 INVESTMENT OF PERPETUAL CARE FUND. The Perpetual

Care Fund shall be invested in accordance with the statutes of the State, and the
income from any investment made shall be deposited as received in the General
Cemetery Fund.
115.09 PENALTIES FOR FAILURE TO PAY ANNUAL CHARGE. A

failure of the owner of any lot or fraction thereof to pay the annual charge of
any property heretofore conveyed by deed shall subject the owner or owners to
such penalties as are now in force or otherwise as may be prescribed by the
Council from time to time.
115.10 EXECUTION OF DEEDS OF CONVEYANCE. Deeds of

conveyance to cemetery lots shall be executed by the Clerk in the name of and
accounting by and to the authority of the City. All deeds shall convey only a
right of interment and shall be subject to the provisions of this chapter and all
lawful regulations hereafter adopted.
115.11 TRANSFERS OR ASSIGNMENTS. No transfer or assignment of

any plot, lot or grave, or any interest therein, shall be valid until such
assignment or transfer shall have been recorded upon the books of the cemetery
in the office of the Clerk.
115.12 RECORDS TO BE KEPT BY CLERK. The Clerk shall keep a

permanent record showing the ownership of each and every lot sold, and a

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record showing the lots upon which a perpetual upkeep has been made, and
showing the record of payments for annual upkeep as herein provided.

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CHAPTER 120
LIQUOR LICENSES AND WINE AND BEER PERMITS

120.01 License or Permit Required 120.04 Action by Council
120.02 General Prohibition 120.05 Prohibited Sales and Acts
120.03 Investigation 120.06 Location in Relation to Churches and Schools
120.07 Amusement Devices
120.01 LICENSE OR PERMIT REQUIRED. No person shall manufacture

for sale, import, sell, or offer or keep for sale, alcoholic liquor, wine, or beer
without first securing a liquor control license, wine permit or beer permit in
accordance with the provisions of Chapter 123 of the Code of Iowa.
(Code of Iowa, Sec. 123.22, 123.122 & 123.171)
120.02 GENERAL PROHIBITION. It is unlawful to manufacture for sale,

sell, offer or keep for sale, possess or transport alcoholic liquor, wine or beer
except upon the terms, conditions, limitations and restrictions enumerated in
Chapter 123 of the Code of Iowa, and a license or permit may be suspended or
revoked or a civil penalty may be imposed for a violation thereof.
(Code of Iowa, Sec. 123.2, 123.39 & 123.50)
120.03 INVESTIGATION. Upon receipt of an application for a liquor

license, wine or beer permit, the Clerk may forward it to the Police Chief, who
shall then conduct an investigation and submit a written report as to the truth of
the facts averred in the application. The Fire Chief may also inspect the
premises to determine if they conform to the requirements of the City. The
Council shall not approve an application for a license or permit for any
premises which does not conform to the applicable law and ordinances,
resolutions and regulations of the City.
120.04 ACTION BY COUNCIL. The Council shall either approve or

disapprove the issuance of the liquor control license or retail wine or beer
permit and shall endorse its approval or disapproval on the application, and
thereafter the application, necessary fee and bond, if required, shall be
forwarded to the Alcoholic Beverages Division of the State Department of
Commerce for such further action as is provided by law.
120.05 PROHIBITED SALES AND ACTS. A person or club holding a

liquor license or retail wine or beer permit and the person’s or club’s agents or
employees shall not do any of the following:

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CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
1. Sell, dispense or give to any intoxicated person, or one simulating

intoxication, any alcoholic liquor, wine or beer.
2. Sell or dispense any alcoholic beverage, wine or beer on the
premises covered by the license or permit, or permit its consumption
thereon between the hours of two o’clock (2:00) a.m. and six o’clock
(6:00) a.m. on a weekday, and between the hours of two o’clock (2:00)
a.m. on Sunday and six o’clock (6:00) a.m. on the following Monday;
however, a holder of a license or permit granted the privilege of selling
alcoholic liquor, beer or wine on Sunday may sell or dispense alcoholic
liquor, beer or wine between the hours of eight o’clock (8:00) a.m. on
Sunday and two o’clock (2:00) a.m. of the following Monday, and
further provided that a holder of any class of liquor control license or the
holder of a class “B” beer permit may sell or dispense alcoholic liquor,
wine or beer for consumption on the premises between the hours of eight
o’clock (8:00) a.m. on Sunday and two o’clock (2:00) a.m. on Monday
when that Monday is New Year’s Day and beer for consumption off the
premises between the hours of eight o’clock (8:00) a.m. on Sunday and
two o’clock (2:00) a.m. on the following Monday when that Sunday is
the day before New Year’s Day.
(Code of Iowa, Sec. 123.49 [2b and 2k] & 123.150)
3. Sell alcoholic beverages, wine or beer to any person on credit,
except with a bona fide credit card. This provision does not apply to
sales by a club to its members, to sales by a hotel or motel to bona fide
registered guests or to retail sales by the managing entity of a convention
center, civic center or events center. (Ord. 826 – Oct. 04 Supp.)
4. Employ a person under eighteen (18) years of age in the sale or
serving of alcoholic liquor, wine or beer for consumption on the
premises where sold.
(Code of Iowa, Sec. 123.49 [2f])
5. In the case of a retail beer or wine permittee, knowingly allow the
mixing or adding of alcohol or any alcoholic beverage to beer, wine or
any other beverage in or about the permittee’s place of business.
(Code of Iowa, Sec. 123.49 [2i])
6. Knowingly permit any gambling, except in accordance with Iowa
law, or knowingly permit any solicitation for immoral purposes, or
immoral or disorderly conduct on the premises covered by the license or
permit.

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7. Knowingly permit or engage in any criminal activity on the

premises covered by the license or permit.
(Code of Iowa, Sec. 123.49 [2j])
8. Keep on premises covered by a liquor control license any
alcoholic liquor in any container except the original package purchased
from the Alcoholic Beverages Division of the State Department of
Commerce and except mixed drinks or cocktails mixed on the premises
for immediate consumption.
(Code of Iowa, Sec. 123.49 [2d])
9. Reuse for packaging alcoholic liquor or wine any container or
receptacle used originally for packaging alcoholic liquor or wine; or
adulterate, by the addition of any substance, the contents or remaining
contents of an original package of an alcoholic liquor or wine; or
knowingly possess any original package which has been reused or
adulterated.
(Code of Iowa, Sec. 123.49 [2e])
10. Allow any person other than the licensee, permittee or employees
of the licensee or permittee to use or keep on the licensed premises any
alcoholic liquor in any bottle or other container which is designed for the
transporting of such beverages, except as allowed by State law.
(Code of Iowa, Sec. 123.49 [2g])
120.06 LOCATION IN RELATION TO CHURCHES AND SCHOOLS.

No permit or license application shall be approved by the Council for any
premises which is located upon a lot which is less than five hundred (500) feet
(from lot line to lot line) from any church or school unless such premises is
operated so that at least one-half of the gross income of such establishment is
derived from sales other than alcohol. This restriction does not affect the right
of present permit or license holders or their successors or purchasers from
renewing permits or licenses in their present locations. For the purpose of this
section, “school” means any public or non-public school. A public school is
any school directly supported in whole or in part by taxation. A nonpublic
school is any school approved by the Department of Education as provided in
120.07 AMUSEMENT DEVICES.

(Code of Iowa, Sec. 99B.10C)
1. As used in this section an “electronic or mechanical amusement
device” means a device that awards a prize redeemable for merchandise
on the premises where the device is located and which is required to be
registered with the Iowa Department of Inspection and Appeals.

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2. It is unlawful for any person under the age of twenty-one (21) to

participate in the operation of an electrical or mechanical amusement
device.
3. It is unlawful for any person owning or leasing an electrical or
mechanical amusement device to knowingly allow a person under the
age of 21 to participate in the operation of an electrical or mechanical
amusement device.
4. It is unlawful for any person to knowingly participate in the
operation of an electrical or mechanical amusement device with a person
under the age of 21.
(Ord. 827 – Oct. 04 Supp.)

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CHAPTER 121
CIGARETTE PERMITS
121.01 Definitions 121.06 Refunds
121.02 Permit Required 121.07 Persons Under Legal Age
121.03 Application 121.08 Self-service Sales Prohibited
121.04 Fees 121.09 Permit Revocation
121.05 Issuance and Expiration
defined:
1. “Carton” means a box or container of any kind in which ten or
more packages or packs of cigarettes or tobacco products are offered for
sale, sold or otherwise distributed to consumers.
2. “Cigarette” means any roll for smoking made wholly or in part of
tobacco, or any substitute for tobacco, irrespective of size or shape and
irrespective of tobacco or any substitute for tobacco being flavored,
adulterated or mixed with any other ingredient, where such roll has a
wrapper or cover made of paper or any other material. However, this
definition is not to be construed to include cigars.
3. “Package” or “pack” means a container of any kind in which
cigarettes or tobacco products are offered for sale, sold or otherwise
distributed to consumers.
4. “Place of business” means any place where cigarettes are sold,
stored or kept for the purpose of sale or consumption by a retailer.
5. “Retailer” means every person who sells, distributes or offers for
sale for consumption, or possesses for the purpose of sale for
consumption, cigarettes, irrespective of the quantity or amount or the
number of sales.
6. “Self-service display” means any manner of product display,
placement or storage from which a person purchasing the product may
take possession of the product, prior to purchase, without assistance from
the retailer or employee of the retailer, in removing the product from a
restricted access location.
7. “Tobacco products” means the following: cigars; little cigars;
cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed
and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist
tobacco; fine-cut and other chewing tobaccos; shorts or refuse scraps,

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CHAPTER 121 CIGARETTE PERMITS
clippings, cuttings and sweepings of tobacco; and other kinds and forms
of tobacco prepared in such manner as to be suitable for chewing or
smoking in a pipe or otherwise, or for both chewing and smoking, but
does not mean cigarettes.
121.02 PERMIT REQUIRED. It is unlawful for any person, other than a

holder of a retail permit, to sell cigarettes at retail and no retailer shall
distribute, sell or solicit the sale of any cigarettes within the City without a valid
permit for each place of business. The permit shall be displayed publicly in the
place of business so that it can be seen easily by the public. No permit shall be
issued to a minor.
121.03 APPLICATION. A completed application on forms provided by the

State Department of Revenue and Finance and accompanied by the required fee
shall be filed with the Clerk. Renewal applications shall be filed at least five
(5) days prior to the last regular meeting of the Council in June. If a renewal
application is not timely filed, and a special Council meeting is called to act on
the application, the costs of such special meeting shall be paid by the applicant.
121.04 FEES. The fee for a retail cigarette permit shall be as follows:
FOR PERMITS GRANTED DURING: FEE:

July, August or September $ 75.00
October, November or December $ 56.25
January, February or March $ 37.50
April, May or June $ 18.75
121.05 ISSUANCE AND EXPIRATION. Upon proper application and

payment of the required fee, a permit shall be issued. Each permit issued shall
describe clearly the place of business for which it is issued and shall be
nonassignable. All permits expire on June 30 of each year. The Clerk shall
submit a duplicate of any application for a permit, and any permit issued, to the
Iowa Department of Public Health within thirty (30) days of issuance.
121.06 REFUNDS. A retailer may surrender an unrevoked permit and receive

a refund from the City, except during April, May or June, in accordance with the
schedule of refunds as provided in Section 453A.13 of the Code of Iowa.
(Code of Iowa, 453A.13)
121.07 PERSONS UNDER LEGAL AGE. No person shall sell, give or

otherwise supply any tobacco, tobacco products or cigarettes to any person

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under eighteen (18) years of age. The provision of this section includes
prohibiting a minor from purchasing cigarettes or tobacco products from a
vending machine. If a retailer or employee of a retailer violates the provisions
of this section, the Council shall, after written notice and hearing, and in
addition to the other penalties fixed for such violation, assess the following:
1. For a first violation, the retailer shall be assessed a civil penalty in
the amount of three hundred dollars ($300.00). Failure to pay the civil
penalty as ordered under this subsection shall result in automatic
suspension of the permit for a period of fourteen (14) days.
2. For a second violation within a period of two (2) years, the
retailer’s permit shall be suspended for a period of thirty (30) days.
3. For a third violation within a period of three (3) years, the
retailer’s permit shall be suspended for a period of sixty (60) days.
4. For a fourth violation within a period of three (3) years, the
retailer’s permit shall be revoked.
The Clerk shall give ten (10) days’ written notice to the retailer by mailing a
copy of the notice to the place of business as it appears on the application for a
permit. The notice shall state the reason for the contemplated action and the
time and place at which the retailer may appear and be heard.
(Code of Iowa, Sec. 453A.2, 453A.22 and 453A.36[6])
121.08 SELF-SERVICE SALES PROHIBITED. Beginning January 1,

1999, except for the sale of cigarettes through a cigarette vending machine as
provided in Section 453A.36 (6) of the Code of Iowa, a retailer shall not sell or
offer for sale cigarettes or tobacco products, in a quantity of less than a carton,
through the use of a self-service display.
(Code of Iowa, Sec. 453A.36A)
121.09 PERMIT REVOCATION. Following a written notice and an

opportunity for a hearing, as provided by the Code of Iowa, the Council may
also revoke a permit issued pursuant to this chapter for a violation of Division I
of Chapter 453A of the Code of Iowa or any rule adopted thereunder. If a
permit is revoked, a new permit shall not be issued to the permit holder for any
place of business, or to any other person for the place of business at which the
violation occurred, until one year has expired from the date of revocation,
unless good cause to the contrary is shown to the Council. The Clerk shall

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report the revocation or suspension of a retail permit to the Iowa Department of

Public Health within thirty (30) days of the revocation or suspension.

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CHAPTER 122
PEDDLERS, SOLICITORS AND TRANSIENT

MERCHANTS
122.01 Purpose 122.11 Time Restriction
122.02 Definitions 122.12 Revocation of License
122.03 License Required 122.13 Notice
122.04 Application for License 122.14 Hearing
122.05 License Fees 122.15 Record and Determination
122.06 Bond Required 122.16 Appeal
122.07 License Issued 122.17 Effect of Revocation
122.08 License Denied 122.18 License Exemptions
122.09 Display of License 122.19 Charitable and Nonprofit Organizations
122.10 License Not Transferable 122.20 Penalty
122.01 PURPOSE. The purpose of this chapter is to protect residents of the

City against fraud, unfair competition and intrusion into the privacy of their
homes by licensing and regulating peddlers, solicitors and transient merchants.
defined:
1. “Peddler” means any person carrying goods or merchandise who
sells or offers for sale for immediate delivery such goods or merchandise
from house to house or upon the public street.
2. “Solicitor” means any person who solicits or attempts to solicit
from house to house or upon the public street any contribution or
donation or any order for goods, services, subscriptions or merchandise
to be delivered at a future date.
3. “Transient merchant” means any person who engages in a
temporary or itinerant merchandising business and in the course of such
business hires, leases or occupies any building or structure whatsoever,
or who operates out of a vehicle which is parked anywhere within the
City limits. Temporary association with a local merchant, dealer, trader
or auctioneer, or conduct of such transient business in connection with,
as a part of, or in the name of any local merchant, dealer, trader or
auctioneer does not exempt any person from being considered a transient
merchant.
122.03 LICENSE REQUIRED. Any person engaging in peddling,

soliciting or in the business of a transient merchant in the City without first
obtaining a license as herein provided is in violation of this chapter.

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CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
122.04 APPLICATION FOR LICENSE. An application in writing shall be

filed with the City Clerk or Finance Officer for a license under this chapter.
Such application shall set forth the applicant’s name, social security number,
permanent and local address and business address if any. The application shall
also set forth the applicant’s employer, if any, and the employer’s address, the
nature of the applicant’s business, the last three places of such business, a list of
any vehicles used in the business and the license plate number of any such
vehicles and the length of time sought to be covered by the license. This
application shall be accompanied by a ten dollar nonrefundable application fee.
Each applicant shall undergo a background check by the Perry Police
Department. The Police Department shall respond to the City Clerk or Finance
Officer within ten days of submittal of the application by the City Clerk or
Finance Officer.
122.05 LICENSE FEES. The following license fees shall be paid to the City
Clerk or Finance Officer prior to the issuance of any license. Solicitors (for
each person actually soliciting—principal or agent), peddlers or transient
merchants.
1. For one day $100.00
2. For one week $200.00
3. For one month $500.00
4. For one month to six months $750.00
5. For one year or major part thereof $900.00
122.06 BOND REQUIRED. Before a license under this chapter is issued to

a transient merchant, an applicant shall provide to the City Clerk or Finance
Officer evidence that the applicant has filed a bond with the Secretary of State
in accordance with Chapter 9C of the Code of Iowa.
122.07 LICENSE ISSUED. If the City Clerk or Finance Officer finds the
application is completed in conformance with the requirements of this chapter,
the facts stated therein are found to be correct and the license fee is paid, a
license shall be issued immediately.
122.08 LICENSE DENIED. The license shall be denied if the City Clerk or
Finance Officer finds any of the following:
1. Applicant has been convicted of a felony, misdemeanor or other
crime involving force, violence, moral turpitude, deceit, fraud or the
violation of any law relating to the act of soliciting;
2. Applicant falsified information on the application;

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3. Applicant has been denied a license or had a license revoked

under this chapter within the last year, unless the applicant can show that
the reasons for denial no longer exist. Upon denial, the reason for denial
shall be noted on the application. The applicant shall be notified of
denial by mail to the applicant at the address set out on the application.
122.09 DISPLAY OF LICENSE. Each solicitor or peddler shall keep such

license in possession at all times while doing business in the City and shall,
upon the request of prospective customers, exhibit the license as evidence of
compliance with all requirements of this chapter. Each transient merchant shall
display publicly such merchant’s license in the merchant’s place of business.
122.10 LICENSE NOT TRANSFERABLE. Licenses issued under the

provisions of this chapter are not transferable in any situation and are to be
applicable only to the person filing the application.
122.11 TIME RESTRICTION. All peddler’s and solicitor’s licenses shall

provide that said licenses are in force and effect only between the hours of 9:00
a.m. and 6:00 p.m., Monday through Saturday, excluding national holidays.
122.12 REVOCATION OF LICENSE. After notice and hearing, the City

Clerk or Finance Officer may revoke any license issued under this chapter for
the following reasons:
1. Fraudulent Statements. The licensee has made fraudulent
statements in the application for the license or in the conduct of the
business.
2. Violation of Law. The licensee has violated this chapter or has
otherwise conducted the business in an unlawful manner.
3. Endangered Public Welfare, Health or Safety. The licensee has
conducted the business in such manner as to endanger the public welfare,
safety, order or morals.
122.13 NOTICE. The City Clerk shall send a notice to the licensee at the
licensee’s local address, not less than ten days before the date set for a hearing
on the possible revocation of a license. Such notice shall contain particulars of
the complaints against the licensee, the ordinance provisions or State statutes
allegedly violated, and the date, time and place for hearing on the matter.
122.14 HEARING. The City Clerk shall conduct a hearing at which both the
licensee and any complainants shall be present to determine the truth of the
facts alleged in the complaint and notice. Should the licensee, or authorized

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representative, fail to appear without good cause, the City Clerk may proceed to
a determination of the complaint.
122.15 RECORD AND DETERMINATION. The City Clerk shall make

and record findings of fact and conclusions of law, and shall revoke a license
only when upon review of the entire record the City Clerk finds clear and
convincing evidence of substantial violation of this chapter or State law.
122.16 APPEAL. If the City Clerk revokes or refuses to issue a license, the
City Clerk shall make as a part of the record the reasons therefor. The licensee,
or the applicant, shall have a right to a hearing before the Council at its next
regular meeting. The Council may reverse, modify or affirm the decision of the
City Clerk by a majority vote of the Council members present and the City
Clerk shall carry out the decision of the Council.
122.17 EFFECT OF REVOCATION. Revocation of any license shall bar

the licensee from being eligible for any license under this chapter for a period
of one year from the date of the revocation.
122.18 LICENSE EXEMPTIONS. The following are excluded from the

application of this chapter.
1. Newspapers. Persons delivering, collecting for or selling
subscriptions to newspapers.
2. Club Members. Members of civic and service clubs, Boy Scout,
Girl Scout, 4-H Clubs, Future Farmers of America and similar
organizations and youth groups from Perry, Rippey, Dawson, Bouton or
Minburn.
3. Local Residents and Farmers. Local residents and farmers who
offer for sale their own produce on private property.
4. Students. Students representing the Perry, East Green, ADM or
Woodward Granger School Districts conducting projects sponsored by
organizations recognized by the school.
5. Route Sales. Route delivery persons who only incidentally solicit
additional business or make special sales.
6. Resale or Institutional Use. Persons customarily calling on
businesses or institutions for the purposes of selling products for resale
or institutional use.
7. City Sponsored. City sponsored and/or community events held
on City property.

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122.19 CHARITABLE AND NONPROFIT ORGANIZATIONS.

Authorized representatives of charitable or nonprofit organizations operating
under the provisions of Chapter 504A of the Code of Iowa desiring to solicit
money or to distribute literature in the City are required to submit in writing to
the City Clerk the name and purpose of the cause for which such activities are
sought, the name and social security number of each representative of the
organization, names and addresses of the officers and directors of the
organization, a list of any vehicles used and the license plate number of any
such vehicles, the period during which such activities are to be carried on, and
whether any commissions, fees or wages are to be charged by the solicitor and
the amount thereof. If the City Clerk finds that the organization is a bona fide
charity or nonprofit organization the Clerk shall issue, free of charge, a license
containing the above information to the applicant. In the event the Clerk denies
the exemption, the authorized representatives of the organization may appeal
the decision to the Council, as provided in Section 122.16 of this chapter.
122.20 PENALTY. Anyone violating the provisions of this chapter shall,

upon lack of licensing proof, be subject to a Municipal Infraction fine not
exceeding one hundred and twenty-five dollars ($125.00) for the first offense.
Each sale or solicitation of a sale made without a license or bond in violation of
this chapter shall constitute a separate offense.
(Ch. 122 – Ord. 812 – Mar. 04 Supp.)

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°°°°°°°°°°

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CHAPTER 123
HOUSE MOVERS
123.01 House Mover Defined 123.07 Permit Issued
123.02 Permit Required 123.08 Public Safety
123.03 Application 123.09 Time Limit
123.04 Bond Required 123.10 Removal by City
123.05 Insurance Required 123.11 Protect Pavement
123.06 Permit Fee 123.12 Overhead Wires
123.01 HOUSE MOVER DEFINED. A “house mover” means any person

who undertakes to move a building or similar structure upon, over or across
public streets or property when the building or structure is of such size that it
requires the use of skids, jacks, dollies or any other specialized moving
equipment.
123.02 PERMIT REQUIRED. It is unlawful for any person to engage in

the activity of house mover as herein defined without a valid permit from the
City for each house, building or similar structure to be moved. Buildings of
less than one hundred (100) square feet are exempt from the provisions of this
chapter.
123.03 APPLICATION. Application for a house mover’s permit shall be

made in writing to the Building Official. The application shall include:
1. Name and Address. The applicant’s full name and address and if
a corporation the names and addresses of its principal officers.
2. Building Location. An accurate description of the present
location and future site of the building or similar structure to be moved.
3. Routing Plan. A routing plan approved by the Police Chief, street
superintendent, and public utility officials. The route approved shall be
the shortest route compatible with the greatest public convenience and
safety.
123.04 BOND REQUIRED. The applicant shall post with the Building
Official a penal bond in the minimum sum of five thousand dollars ($5,000.00)
issued by a surety company authorized to issue such bonds in the State. The
bond shall guarantee the permittee’s payment for any damage done to the City
or to public property, and payment of all costs incurred by the City in the
course of moving the building or structure.

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CHAPTER 123 HOUSE MOVERS
123.05 INSURANCE REQUIRED. Each applicant shall also file a

certificate of insurance indicating that the applicant is carrying public liability
insurance in effect for the duration of the permit covering the applicant and all
agents and employees for the following minimum amounts:
1. Bodily Injury - $50,000 per person; $100,000 per accident.
2. Property Damage - $50,000 per accident.
123.06 PERMIT FEE. No fee is required at the time of filing the application
with the Building Official. A separate permit shall be required for each house,
building or similar structure to be moved.
123.07 PERMIT ISSUED. Upon approval of the application and filing of

bond and insurance certificate, the Building Official shall issue a permit.
123.08 PUBLIC SAFETY. At all times when a building or similar structure

is in motion upon any street, alley, sidewalk or public property, the permittee
shall maintain flagmen at the closest intersections or other possible channels of
traffic to the sides, behind and ahead of the building or structure. At all times
when the building or structure is at rest upon any street, alley, sidewalk or
public property the permittee shall maintain adequate warning signs or lights at
the intersections or channels of traffic to the sides, behind and ahead of the
building or structure.
123.09 TIME LIMIT. No house mover shall permit or allow a building or

similar structure to remain upon any street or other public way for a period of
more than twelve (12) hours without having first secured the written approval
of the City.
123.10 REMOVAL BY CITY. In the event any building or similar structure

is found to be in violation of Section 123.09 the City is authorized to remove
such building or structure and assess the costs thereof against the permit holder
and the surety on the permit holder’s bond.
123.11 PROTECT PAVEMENT. It is unlawful to move any house or

building of any kind over any pavement, unless the wheels or rollers upon
which the house or building is moved are at least one (1) inch in width for each
one thousand (1,000) pounds of weight of such building. If there is any
question as to the weight of a house or building, the estimate of the City as to
such weight shall be final.
123.12 OVERHEAD WIRES. The holder of any permit to move a building

shall see that all telephone, cable television and electric wires and poles are

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removed when necessary and replaced in good order, and shall be liable for the
costs of the same.

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°°°°°°°°°°

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CHAPTER 124
JUNKYARDS AND JUNK DEALERS

124.01 Definitions 124.06 General Operating Requirements
124.02 License Required 124.07 Inspections
124.03 License Fee 124.08 License Renewal
124.04 License Terms 124.09 License Suspension or Revocation
124.05 Screening Requirements 124.10 Appeals
124.01 DEFINITIONS. Except where otherwise indicated by the context,

the following definitions apply in the interpretation and enforcement of this
chapter:
1. “Business premises” or “premises” means the area of a junkyard
as described in the junk dealer’s license issued by the City.
2. “Inoperable” means incapable of being put into use or operation.
3. “Inoperable vehicle” means any motor vehicle, recreational
vehicle, boat, trailer or semi-trailer which lacks (a) current registration or
(b) one or more wheels (exclusive of the spare) or an engine,
transmission, differential, drive shaft, axle or any other component part
thereof, the absence of which renders the vehicle inoperable by its own
power or unfit for legal use on the highways.
4. “Junk” means old or scrap copper; brass; rope; rags; batteries;
paper; trash; rubber; debris; waste; or junked, dismantled or wrecked
automobiles or parts of automobiles; or iron, steel or other old or scrap
ferrous or nonferrous material; old bottles or other glass; bones; tinware,
plastic or discarded household goods, or hardware; and other waste or
discarded material that might be prepared to be used again in some form;
but “junk” does not include materials or objects accumulated by a person
as by-products, waste, or scraps from the operation of the person’s own
business or materials or objects held and used by a manufacturer as an
integral part of its own manufacturing processes.
5. “Junk dealer” means any person who buys, sells, transfers,
delivers or stores junk, including all persons who carry on such business
at a junk shop or junkyard or as a peddler and any person who by
advertisement, sign or otherwise, holds himself or herself out as a junk
dealer, or dealer in the articles described in subsection 124.01(4) of this
chapter, including a person engaged in the activity known as “auto
salvage,” but “junk dealer” does not include businesses engaged in the
towing, repairing or storing of wrecked motor vehicles where sales of

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CHAPTER 124 JUNKYARDS AND JUNK DEALERS
such wrecked motor vehicles are only incidental to the collection of

repair and storage charges.
6. “Junkyard” means a yard, lot or place, covered or uncovered,
outdoors or in an enclosed building, containing junk as defined above,
upon which occur one or more acts of buying, keeping, dismantling,
processing, selling or offering for sale any such junk, in whole units or
by parts, for a business or commercial purpose, whether or not the
proceeds from such act or acts are to be used for charity, or any place
where more than one inoperable motor vehicle or used parts and
materials thereof, when taken together, equal the bulk of one motor
vehicle, are stored or deposited and the term includes garbage dumps,
sanitary fills and automobile graveyards.
124.02 LICENSE REQUIRED. It is unlawful for any person to act as a

junk dealer in the City, whether personally, by agents or employees, singly or in
connection with some other business or enterprise, without having a license
issued by the City. The provisions of this chapter apply to junkyards currently
in operation within the City. No new applications for junk dealers’ licenses
shall be accepted.
124.03 LICENSE FEE. The annual fee for a junk dealer’s license is fifty
dollars ($50.00), to be paid to the Clerk. All licenses are effective from the date
of issuance to and including the thirtieth day of June next succeeding the date
of issuance. The license fee set forth above shall be prorated on a quarterly
basis from the date of issuance to the time of expiration. If a renewal
application for license is denied, the license fee shall be refunded to the
applicant.
124.04 LICENSE TERMS.

1. The licensee shall post the license in a conspicuous place on the
licensed premises.
2. No junk dealer’s license shall be transferable, and a separate
license is required for each business premises.
124.05 SCREENING REQUIREMENTS. A junkyard, as defined in this

chapter, must be surrounded by a solid opaque fence or wall, of uniform design
and color, and not less than six (6) feet high, which substantially screens the
area in which junk is stored or deposited. The fence must be kept in good
repair and shall not be used for advertising displays or signs. Suitable gates,
likewise opaque, are required, which shall be closed and locked after business
hours or when the junkyard is unattended. A portion of any gate, not to exceed
ten (10) feet in length, may be constructed of a non-opaque material to permit

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observation of the fenced premises. No junk shall be permitted to be stored or

deposited outside of the fence, nor may junk be stacked higher than the fence
within thirty (30) feet of the fence. The Compliance Officer shall inspect the
fences and gates of all junkyards on an annual basis.
124.06 GENERAL OPERATING REQUIREMENTS. The following

general operating requirements shall apply to all junk dealers in the City:
1. The junkyard and all things kept therein shall be maintained in a
sanitary condition.
2. No water shall be allowed to stand in any place on the premises in
such manner as to afford a breeding place for mosquitoes.
3. No garbage or other waste liable to give off a foul odor or attract
vermin shall be kept on the premises, nor shall any refuse of any kind be
kept on the premises, unless such refuse is junk as defined herein and is
in use in the licensed business.
4. No junk shall be allowed to rest upon or protrude over any public
street, walkway or curb or become scattered or blown off the business
premises.
5. Junk shall be stored and arranged so as to permit easy access to all
such junk for fire fighting purposes.
6. No combustible material of any kind not necessary to the licensed
business shall be kept on the premises, nor shall the premises be allowed
to become a fire hazard.
7. Gasoline, oil and batteries shall be removed from any scrapped
engines or vehicles on the premises.
8. No noisy processing of junk or other noisy activity shall be
carried on in connection with the licensed business on a Sunday, any
legal holiday, or at any time between the hours of six o’clock (6:00) p.m.
and seven o’clock (7:00) a.m.
9. No automobile or part thereof shall be burned for wrecking or
salvage purposes in or on premises occupied as a junkyard unless the
same is burned in a manner that has been approved by the Compliance
Officer and all motor vehicle gasoline and fuel tanks shall be separated
and removed from motor vehicles intended for salvage purposes prior to
cutting, stacking or burning such vehicles.
10. Each junk dealer shall keep complete, accurate and legible
records of all purchases, in the English language. The records shall be
kept in a permanent register that shall be kept on the premises. The

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records shall be available for inspection by any sheriff, deputy sheriff,

police officer, Compliance Officer or authorized agent of the City for a
period of at least six (6) months. The records shall include:
A. The name and residence of the person from whom the junk
was received or purchased.
B. Reasonably accurate inventory and description of each
article.
C. The value or amount paid for each article.
11. No junk dealer shall purchase or receive any personal property
from any minor without first receiving the consent, in writing, of the
parent or guardian. Such written consent shall be included in the
permanent records as described in Section 124.06(10).
12. Upon written order of the Police Chief or the designated
representative, each junk dealer shall segregate specific items or
categories of items and hold such items until authorized to dispose of the
items by the Police Department. The holding period shall not exceed
forty-five (45) days.
13. No junk dealer shall conceal, secrete, or destroy for the purpose
of concealing, any article purchased or received by the dealer for the
purposes of preventing identification thereof by any officer or any
person claiming the same. No junk dealer shall sell, melt up, break up or
otherwise dispose of any article the dealer has reason to believe has been
stolen or which is adversely claimed by any person or which the dealer
has been notified not to sell or otherwise dispose of by any law
enforcement officer, without first obtaining a permit in writing from the
Police Chief.
124.07 INSPECTIONS. The Compliance Officer and Police Chief, during

the period a junk dealer’s license is in effect, may inspect all premises licensed
hereunder at such intervals as they shall deem reasonable to determine whether
or not the premises are being operated and maintained in compliance with all
applicable regulations, ordinances and laws. No person shall prevent, hinder or
obstruct or attempt to prevent, hinder or obstruct the inspector or peace officer
in the performance of their duties set forth in this chapter.
124.08 LICENSE RENEWAL.

1. Licenses may be renewed in the same manner and under the same
conditions as originally issued. Applications for renewal of junk
dealers’ licenses shall be submitted to the Clerk at least thirty (30) days
prior to the expiration of the licenses then in effect. Applications for

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renewal of junk dealers’ licenses shall be processed in accordance with

the following:
A. Upon receipt of a completed application for renewal of
license, the Clerk shall forward one copy to each of the following
City officials: Compliance Officer and Police Chief.
B. Upon receipt of said copy, the Compliance Officer shall
cause an inspection to be made of the premises described in the
application where the activities of the junk dealer are proposed to
be conducted to determine whether or not said premises meets the
requirements of all City and State fire regulations and whether or
not any conditions exist thereon that would constitute a fire
hazard or public nuisance.
C. Upon receipt of a copy of said renewal application, the
Compliance Officer shall cause an inspection to be made of the
premises described in the application to determine whether or not
the activities of the junk dealer are permitted by and are proposed
to be conducted in compliance with all zoning ordinances then in
effect and whether or not said premises meets all other
requirements of this chapter.
D. After each inspection of the premises, the Compliance
Officer shall submit an inspection report to the Clerk indicating
whether or not the premises inspected is approved. If the
premises is disapproved, the inspector shall set forth in the report
the reasons for the disapproval. If the premises is disapproved
and the unlawful conditions reported can be corrected, the
inspector shall so state in the report and grant the applicant a
reasonable but specific time to correct the condition. Final action
on the renewal application shall then be postponed until receipt of
a supplementary report from the inspector after the specified date.
2. When renewal of a license is denied, the junk dealer previously
licensed under the provisions of this chapter shall have a period of six
(6) months immediately after such denial in which to conclude the
business and dispose of the junk, during which time the junk dealer shall
be required to comply with all the terms and conditions of the ordinances
of the City, except the licensing requirements of this chapter. If
litigation is pending contesting the denial or revocation of a license, the
Clerk may grant an extension of time during which the junk dealer may
operate, pending the final outcome of such litigation.

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124.09 LICENSE SUSPENSION OR REVOCATION. The Clerk may

suspend or revoke any license issued hereunder for any of the following
reasons:
1. The licensee, any agent or employee has been convicted of a
violation of any of the provisions of this chapter.
2. The Compliance Officer or Police Chief has found that the
licensee has failed to comply with one or more of the provisions of this
chapter or the licensed premises fail to comply with one or more of the
provisions of this chapter or of some other regulation, ordinance or
statute, and the licensee has failed to correct such condition within the
reasonable time specified by the inspector in accordance with the report
the inspector has submitted under Section 124.08 of this chapter.
124.10 APPEALS. Any applicant who has been denied a license renewal
under this chapter or any licensee under this chapter whose license has been
suspended or revoked may appeal to the Council by filing with the Clerk,
within seven (7) days after the aggrieved party receives notice of the adverse
administrative decision, a written notice of appeal setting forth the grounds
upon which the appeal is based. The Council shall, within fifteen (15) days
after the filing of said notice of appeal, fix a time and place of hearing on the
appeal. The hearing shall be commenced within thirty (30) days of the filing of
the appeal. If the Council finds from the evidence presented at the hearing that
the appellant has been denied a license without just cause, or that the
appellant’s license has been suspended or revoked without just cause, it may
reverse or modify the administrative decision.

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CHAPTER 125
FIREWORKS PERMITS
125.01 FIREWORKS PERMIT. The Council may, upon application in

writing, grant a permit for the display of fireworks by a City agency, fair
association, amusement park or other organization or group of individuals
approved by the Council when such fireworks display will be handled by a
competent operator. No permit shall be granted hereunder unless the operator
or sponsoring organization has filed with the City evidence of insurance in the
following amounts:
Personal Injury: ................................ $ 250,000.00 per person

Property Damage: ............................. $ 50,000.00 per person
Total Exposure: ................................ $ 1,000,000.00

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CHAPTER 125 FIREWORKS PERMITS
°°°°°°°°°°

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CHAPTER 126
COIN-OPERATED AMUSEMENT DEVICES

126.01 Purpose 126.04 Proprietor’s License Fee
126.02 Definitions 126.05 Revocation of License
126.03 License Required
126.01 PURPOSE. The purpose of this chapter is to license and regulate

coin-operated amusement devices.
defined:
1. “Coin-operated amusement devices” means any amusement
machine or device operated by means of the insertion of a coin, token, or
similar object for the purpose of amusement or skill and for the playing
of which a fee is charged. The term does not include vending machines
in which amusement features are not incorporated, nor does the term
include any coin-operated mechanical musical device.
2. “Proprietor” means any person who, as the owner, lessee or
proprietor, has control over any establishment, place or premises, in or at
which a coin-operated amusement device is placed or kept for use or
play or on exhibit for the purpose of use or play.
126.03 LICENSE REQUIRED. No person shall engage in the business of

proprietor of coin-operated amusement devices as the terms are herein defined
without first having obtained the proper license therefor. All fees required by
this chapter shall be paid to the Clerk who shall give the applicant a written
receipt.
126.04 PROPRIETOR’S LICENSE FEE. The license fee for each

proprietor is ten dollars ($10.00) per year for each device used or played, or
exhibited for use or play. All proprietor’s license fees shall be payable annually
in advance on a calendar year basis. Adjustment may be made for the first
license fee on a proportionate basis, but the minimum fee for a partial year shall
not be less than five dollars ($5.00). In no case shall any portion of any license
fee be repaid to the licensee.
126.05 REVOCATION OF LICENSE. The Council shall have the right to

revoke any license issued hereunder for the violation of any of the provisions of
this chapter.

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CHAPTER 126 COIN-OPERATED AMUSEMENT DEVICES
°°°°°°°°°°

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CHAPTER 127
PUBLIC SALE OF FOOD, BEVERAGES AND

NON-FOOD ITEMS ON CITY PROPERTY
127.01 Purpose 127.04 Vendor Fees
127.02 Vendor 127.05 Nuisance
127.03 Vendor Application 127.06 Exception
127.01 PURPOSE. The purpose of this chapter is to provide rules,

regulations and restrictions concerning the sale of any consumable food,
beverage or non-food item upon any publicly-owned City property including
but not limited to streets, sidewalks, parks, rights-of-way, parking lots and other
public grounds owned by the City. The provisions of this chapter are enacted
for the protection of the health, safety and welfare of the citizens of the City.
127.02 VENDOR. No person shall provide or sell any consumable food,

beverage or non-food item upon any publicly-owned City property to the public
in the City unless the person first obtains a vendor’s permit from the City. An
exception to this requirement is provided in Section 127.06.
127.03 VENDOR APPLICATION. The vendor shall submit an application

for each day the vendor intends to operate and for each location if the vendor
intends to operate at more than one location per day. All food vendors shall
comply with the Iowa Department of Health rules and regulations governing the
sale of food for consumption on the premises.
127.04 VENDOR FEES. The fee for a vendor’s permit is twenty-five dollars
($25.00). A new permit is required for each day and for each location a vendor
will operate from.
127.05 NUISANCE. The sale of any consumable food, beverage or non-

food item upon any publicly-owned City property without a permit or in
violation of any of the provisions of this chapter is hereby declared to be a
nuisance. Any member of the Police Department is empowered to cause any
vendor in violation of this chapter to be immediately removed without notice.
127.06 EXCEPTION. It is not a violation of this chapter and no vendor

permit is required for a person to sell any consumable food, beverage or non-
food item under the following conditions: 1) the person is a vendor at an event
located on City-owned public property, 2) the sponsor of the event has had
prior approval of the Council or the City Administrator, 3) the sponsor of the

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CHAPTER 127 PUBLIC SALE OF FOOD, BEVERAGES AND
NON-FOOD ITEMS ON CITY PROPERTY
event has authorized and approved said vendor including the assessment of any
fee established by the sponsor, and 4) the vendor complies with the Iowa
Department of Health rules and regulations governing the sale of food for
consumption on the premises.
(Ch. 127 – Ord. 767 – Jul. 01 Supp.)

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CHAPTER 135
STREET USE AND MAINTENANCE

135.01 Removal of Warning Devices 135.09 Excavations
135.02 Obstructing or Defacing 135.10 Driveway Entrances, Driveways and Driveway
135.03 Placing Debris On Extensions
135.04 Playing In 135.11 Building Material in Streets
135.05 Traveling on Barricaded Street or Alley 135.12 Maintenance of Parking or Terrace
135.06 Use for Business Purposes 135.13 Failure to Maintain Parking or Terrace
135.07 Washing Vehicles 135.14 Dumping of Snow
135.08 Burning Prohibited 135.15 Driveway Culverts
135.01 REMOVAL OF WARNING DEVICES. It is unlawful for a person

to willfully remove, throw down, destroy or carry away from any street or alley
any lamp, obstruction, guard or other article or things, or extinguish any lamp
or other light, erected or placed thereupon for the purpose of guarding or
enclosing unsafe or dangerous places in said street or alley without the consent
of the person in control thereof.
135.02 OBSTRUCTING OR DEFACING. It is unlawful for any person to

obstruct, deface, or injure any street or alley in any manner.
135.03 PLACING DEBRIS ON. It is unlawful for any person to throw or

deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans,
trash, garbage, rubbish, litter, offal, leaves, grass, yard waste or any other
debris, or any other substance likely to injure any person, animal or vehicle, or
which, if washed into the storm sewer could clog the storm sewer. The Police
Department and Public Works Department will monitor and enforce this
regulation.
135.04 PLAYING IN. It is unlawful for any person to coast, sled or play
games on streets or alleys, except in the areas blocked off by the City for such
purposes.
135.05 TRAVELING ON BARRICADED STREET OR ALLEY. It is

unlawful for any person to travel or operate any vehicle on any street or alley
temporarily closed by barricades, lights, signs, or flares placed thereon by the
authority or permission of any City official, police officer or member of the fire
department.

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CHAPTER 135 STREET USE AND MAINTENANCE
135.06 USE FOR BUSINESS PURPOSES. It is unlawful to park, store or

place, temporarily or permanently, any machinery or junk or any other goods,
wares, and merchandise of any kind upon any street or alley for the purpose of
storage, exhibition, sale or offering same for sale, without permission of the
City Administrator. Permission will be granted or withheld based on
recommendations provided by the Police Chief and the Public Works Director.
(Ord. 778 – Jul. 02 Supp.)
135.07 WASHING VEHICLES. It is unlawful for any person to use any

public sidewalk, street or alley for the purpose of washing or cleaning any
automobile, truck equipment, or any vehicle of any kind when such work is
done for hire or as a business. This does not prevent any person from washing
or cleaning his or her own vehicle or equipment when it is lawfully parked in
the street or alley.
135.08 BURNING PROHIBITED. No person shall burn any trash, leaves,

rubbish or other combustible material in any curb and gutter or on any paved or
surfaced street or alley.
135.09 EXCAVATIONS. No person shall dig, excavate or in any manner

disturb any street, parking or alley except in accordance with the following:
1. Permit Required. No excavation shall be commenced without
first obtaining a permit therefor. A written application for such permit
shall be filed with the City and shall contain the following:
A. The location and extent of the proposed work;
B. The manner and method of doing the same and the time
during which the work will be in progress;
C. An indemnity agreement whereby the applicant agrees to
indemnify the City against any loss for damage or injury
occasioned by reason of the work being done by the applicant and
for which the application is made.
The application shall be made on a form to be provided by the City.
2. Issuance of Permits. The Clerk may, upon proper application,
issue a permit, specifying therein such regulations and restrictions as
may be deemed necessary to insure the safety and convenience of the
public and further specifying and requiring the restoration of the street
surfaces damaged by such work in the most satisfactory manner and in
that manner which will meet the specifications for the restoration of said
street surfaces as may be specified by the City Engineer and filed in the
office of the Clerk.

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3. Charges for Cuts in Pavement Surfaces. Before issuing a permit

for cutting into or through any paved or surfaced street or alley, the
Clerk shall require the person making application for such permit to
make a cash payment to the Clerk in sufficient amount to reimburse the
City for all costs and expenses for work done or to be done by the City
in connection with such permit and the increased maintenance cost of the
pavement surfaces or street surfaces due to such work. The payments
required shall be based on a schedule of charges adopted by resolution of
the Council.
4. Permits Granted to Plumbers and Utility Companies. No permit
for cuts in pavement surfaces or street surfaces shall be granted to any
person unless such person is a bonded plumber within the City, except
that such permits may be granted to public utility companies in the City
after the applicant has made satisfactory arrangements with the Clerk for
full and complete compliance with the terms and requirements of this
Code of Ordinances and any such agreement made by said utility
company with the Clerk shall be affirmed in writing by the manager or
proper executive of said utility company.
5. Right of City to Do Work. The City Engineer may reserve the
right for the City, through its proper department, to perform all, or such
portions of the work of cutting into or through, or excavating along or
under pavement surfaces, including the backfilling of trenches and
pavement surface repairs as the City Engineer may deem necessary to
protect the City from undue injury and excessive repair to such
pavement surface.
6. Liability of Permit Holder. The permit holder shall be liable for
all damage or injury to any property, person or persons caused by reason
of said pavement or street surface cut or excavation and for any of the
acts for which said permit holder may hold a permit until the permit
holder has notified the Clerk in writing, upon a form to be provided by
the Clerk, of the completion of the work, and for a period of twenty-four
(24) hours thereafter. If during the said twenty-four (24) hour period the
City, through its proper authorities, shall notify the permit holder in
writing of any act or omission which jeopardizes the interests of the
City, or the public using said street, then said liability shall continue until
the license holder has complied with the requirements of the City.
7. Notification. At least forty-eight (48) hours prior to the
commencement of the excavation, excluding Saturdays, Sundays and
legal holidays, the person performing the excavation shall contact the
Statewide Notification Center and provide the center with the
information required under Section 480.4 of the Code of Iowa.

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8. Permit Exemption. Local utility companies performing their own

work are exempt from the permit application requirement of this section.
They shall, however, comply with all other pertinent provisions and shall
post with the City a yearly bond in the amount of five thousand dollars
($5,000.00) to guarantee such compliance.
135.10 DRIVEWAY ENTRANCES, DRIVEWAYS AND DRIVEWAY

EXTENSIONS.
1. Driveway Entrance. “Driveway entrance” shall mean that portion
of street right-of-way between the curb line and the lot line providing
access to private property. It is unlawful for any person to construct a
driveway entrance across any parking or street area unless said driveway
entrance is of hard surface construction. “Hard surface construction”
shall be defined as concrete, asphalt or pavers. Driveway entrances that
do not conform to this section but are in existence as of the date of the
ordinance codified by this section (February 4, 2002) shall be treated as
a nonconforming use under Municipal Code Section 165.06(42) and
Municipal Code Sections 165.07 – 165.13.
2. Driveways. “Driveway” shall mean a continuation of a driveway
entrance located on private property for the purpose of parking or
enclosure of vehicles. Driveway surfaces shall consist of concrete,
asphalt, pavers or rock.
3. Driveway Extension. “Driveway extension” shall mean an
addition to a driveway, contiguous to the driveway, no wider than ten
(10) feet, and for the purpose of parking one additional vehicle. A
driveway extension surface shall consist of concrete, asphalt, pavers or
rock.
(Ord. 771 – Feb. 02 Supp.)
135.11 BUILDING MATERIAL IN STREETS. No person shall place or

deposit any building material in any street without a written permit from the
Mayor, subject to revocation by the Council, to use part of the street in front of
or adjacent to the lot whereon such building is being erected for depositing
therein the material for such building, but all material shall be placed in such a
manner as not to obstruct the gutters of the street. The person occupying a
portion of the street shall at all times enclose or guard the same in such manner
as to protect persons and animals from injury thereby and with red lights placed
and burning through the entire night.
135.12 MAINTENANCE OF PARKING OR TERRACE. It shall be the

responsibility of the abutting property owner to maintain all property outside
the lot and property lines and inside the curb lines upon the public streets,

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except that the abutting property owner shall not be required to remove
diseased trees or dead wood on the publicly owned property or right-of-way.
Maintenance includes timely mowing, trimming trees and shrubs and picking
up litter.
135.13 FAILURE TO MAINTAIN PARKING OR TERRACE. If the

abutting property owner does not perform an action required under the above
section within a reasonable time, the City may perform the required action and
assess the cost against the abutting property for collection in the same manner
as a property tax.
(Code of Iowa, Sec. 364.12[2e])
135.14 DUMPING OF SNOW. It is unlawful for any person to throw, push,

or place or cause to be thrown, pushed or placed, any ice or snow from private
property, sidewalks, or driveways onto the traveled way of a street or alley so as
to obstruct gutters, or impede the passage of vehicles upon the street or alley or
to create a hazardous condition therein; except where, in the cleaning of large
commercial drives in the business district it is absolutely necessary to move the
snow onto the street or alley temporarily, such accumulation shall be removed
promptly by the property owner or agent. Arrangements for the prompt
removal of such accumulations shall be made prior to moving the snow.
135.15 DRIVEWAY CULVERTS. The property owner shall, at the

owner’s expense, install any culvert deemed necessary under any driveway or
any other access to the owner’s property, and before installing a culvert,
permission must first be obtained from the City. In the event repairs are needed
at any time with respect to culverts, it shall be the responsibility of the property
owner to make such repairs, and, in the event the owner fails to do so, the City
shall have the right to make the repairs. If the property owner fails to reimburse
the City for the cost of said repairs, the cost shall be certified to the County
Treasurer and specially assessed against the property as by law provided.

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°°°°°°°°°°

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CHAPTER 136
SIDEWALK REGULATIONS
136.01 Purpose 136.12 Awnings
136.02 Definitions 136.13 Encroaching Steps
136.03 Removal of Snow, Ice and Accumulations 136.14 Openings and Enclosures
136.04 Responsibility for Maintenance 136.15 Fires or Fuel on Sidewalks
136.05 City May Order Repairs 136.16 Defacing
136.06 Sidewalk Construction Ordered 136.17 Debris on Sidewalks
136.07 Permit Required 136.18 Merchandise Display
136.08 Sidewalk Standards 136.19 Sales Stands
136.09 Barricades and Warning Lights 136.20 Water Spouts
136.10 Failure to Repair or Barricade 136.21 Motorcycles
136.11 Interference with Sidewalk Improvements
136.01 PURPOSE. The purpose of this chapter is to enhance safe passage by

citizens on sidewalks, to place the responsibility for the maintenance, repair,
replacement or reconstruction of sidewalks upon the abutting property owner
and to minimize the liability of the City.
defined:
1. “Broom finish” means a sidewalk finish that is made by sweeping
the sidewalk when it is hardening.
2. “Established grade” means that grade established by the City for
the particular area in which a sidewalk is to be constructed.
3. “One-course construction” means that the full thickness of the
concrete is placed at one time, using the same mixture throughout.
4. “Owner” means the person owning the fee title to property
abutting any sidewalk and includes any contract purchaser for purposes
of notification required herein. For all other purposes, “owner” includes
the lessee, if any.
5. “Portland cement” means any type of cement except bituminous
cement.
6. “Sidewalk” means all permanent public walks in business,
residential or suburban areas.
7. “Sidewalk improvements” means the construction, reconstruction,
repair, replacement or removal, of a public sidewalk and/or the
excavating, filling or depositing of material in the public right-of-way in
connection therewith.

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CHAPTER 136 SIDEWALK REGULATIONS
8. “Wood float finish” means a sidewalk finish that is made by

smoothing the surface of the sidewalk with a wooden trowel.
136.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the

responsibility of the abutting property owners to remove snow, ice and
accumulations promptly from sidewalks. If a property owner in the residential
district does not remove snow, ice or accumulations within forty-eight (48)
hours from when snow, ice or accumulation ceases to fall on the sidewalks, the
City may do so and assess the costs against the property owners for collection
in the same manner as a property tax. If a property owner in the business
district does not remove snow, ice or accumulations within twelve (12) hours
from when snow, ice or accumulation ceases to fall on the sidewalks, the City
may do so and assess the costs against the property owners for collection in the
same manner as property tax. (Ord. 810 – Feb. 04 Supp.)
(Code of Iowa, Sec. 364.12[2b & e])
136.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility

of the abutting property owners to maintain in a safe and hazard-free condition
any sidewalk outside the lot and property lines and inside the curb lines or
traveled portion of the public street.
136.05 CITY MAY ORDER REPAIRS. If the abutting property owner

does not maintain sidewalks as required, the Council may serve notice on such
owner, by certified mail, requiring the owner to repair, replace or reconstruct
sidewalks within a reasonable time and if such action is not completed within
the time stated in the notice, the Council may require the work to be done and
assess the costs against the abutting property for collection in the same manner
as a property tax.
(Code of Iowa, Sec. 364.12[2d & e])
136.06 SIDEWALK CONSTRUCTION ORDERED. The Council may

order the construction of permanent sidewalks upon any street or court in the
City and may specially assess the cost of such improvement to abutting
property owners in accordance with the provisions of Chapter 384 of the Code
of Iowa.
136.07 PERMIT REQUIRED. No person shall remove, reconstruct or

install a sidewalk unless such person has obtained a permit from the City and
has agreed in writing that said removal, reconstruction or installation will
comply with all ordinances and requirements of the City for such work. In an
effort to encourage and promote the repair, replacement or installation of

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sidewalks by the abutting property owner, the City will waive all applicable
permit fees for any voluntary sidewalk improvements.
136.08 SIDEWALK STANDARDS. Sidewalks repaired, replaced or

constructed under the provisions of this chapter shall be of the following
construction and meet the following standards:
1. Cement. Portland cement shall be the only cement used in the
construction and repair of sidewalks.
2. Construction. Sidewalks shall be of one-course construction.
3. Sidewalk Base. Concrete may be placed directly on compact and
well-drained soil. Where soil is not well drained, a three (3) inch sub-
base of compact, clean, coarse gravel or sand shall be laid. The
adequacy of the soil drainage is to be determined by the City.
4. Sidewalk Bed. The sidewalk bed shall be so graded that the
constructed sidewalk will be at established grade.
5. Length, Width and Depth. Length, width and depth requirements
are as follows:
A. Residential sidewalks shall be at least four (4) feet wide
and four (4) inches thick, and each section shall be no more than
six (6) feet in length.
B. Business District sidewalks shall extend from the property
line to the curb. Each section shall be four (4) inches thick and no
more than six (6) feet in length.
C. Driveway areas shall be not less than six (6) inches in
thickness.
6. Location. Residential sidewalks shall be located with the inner
edge (edge nearest the abutting private property) one foot from the
property line, unless the Council establishes a different distance due to
special circumstances.
7. Grade. Curb tops shall be on level with the centerline of the street
which shall be the established grade.
8. Elevations. The street edge of a sidewalk shall be at an elevation
even with the curb at the curb or not less than one-half (½) inch above
the curb for each foot between the curb and the sidewalk.
9. Slope. All sidewalks shall slope one-quarter (¼) inch per foot
toward the curb.

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10. Finish. All sidewalks shall be finished with a “broom” or “wood

float” finish.
11. Ramps for Persons with Disabilities. There shall be not less than
two (2) curb cuts or ramps per lineal block which shall be located on or
near the crosswalks at intersections. Each curb cut or ramp shall be at
least thirty (30) inches wide, shall be sloped at not greater than one inch
of rise per twelve (12) inches lineal distance, except that a slope no
greater than one inch of rise per eight (8) inches lineal distance may be
used where necessary, shall have a nonskid surface, and shall otherwise
be so constructed as to allow reasonable access to the crosswalk for
persons with disabilities using the sidewalk.
(Code of Iowa, Sec. 216C.9)
136.09 BARRICADES AND WARNING LIGHTS. Whenever any

material of any kind is deposited on any street, avenue, highway, passageway or
alley when sidewalk improvements are being made or when any sidewalk is in
a dangerous condition, it shall be the duty of all persons having an interest
therein, either as the contractor or the owner, agent, or lessee of the property in
front of or along which such material may be deposited, or such dangerous
condition exists, to put in conspicuous places at each end of such sidewalk and
at each end of any pile of material deposited in the street, a sufficient number of
approved warning lights or flares, and to keep them lighted during the entire
night and to erect sufficient barricades both at night and in the daytime to
secure the same. The party or parties using the street for any of the purposes
specified in this chapter shall be liable for all injuries or damage to persons or
property arising from any wrongful act or negligence of the party or parties, or
their agents or employees or for any misuse of the privileges conferred by this
chapter or of any failure to comply with provisions hereof.
136.10 FAILURE TO REPAIR OR BARRICADE. It is the duty of the

owner of the property abutting the sidewalk, or the owner’s contractor or agent,
to notify the City immediately in the event of failure or inability to make
necessary sidewalk improvements or to install or erect necessary barricades as
required by this chapter.
136.11 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No

person shall knowingly or willfully drive any vehicle upon any portion of any
sidewalk or approach thereto while in the process of being improved or upon
any portion of any completed sidewalk or approach thereto, or shall remove or
destroy any part or all of any sidewalk or approach thereto, or shall remove,
destroy, mar or deface any sidewalk at any time or destroy, mar, remove or
deface any notice provided by this chapter.

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136.12 AWNINGS. It is unlawful for a person to erect or maintain any

awning over any sidewalk unless all parts of the awning are elevated at least
eight (8) feet above the surface of the sidewalk and the roof or covering is made
of duck, canvas or other suitable material supported by iron frames or brackets
securely fastened to the building, without any posts or other device that will
obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.
136.13 ENCROACHING STEPS. It is unlawful for a person to erect or

maintain any stairs or steps to any building upon any part of any sidewalk
without permission by resolution of the Council.
136.14 OPENINGS AND ENCLOSURES. It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway
to any cellar or basement by occupying any part of the sidewalk, or to
enclose any portion of a sidewalk with a railing without permission by
2. Openings. Keep open any cellar door, grating or cover to any
vault on any sidewalk except while in actual use with adequate guards to
protect the public.
3. Protect Openings. Neglect to properly protect or barricade all
openings on or within six (6) feet of any sidewalk.
136.15 FIRES OR FUELS ON SIDEWALKS. It is unlawful for a person

to make a fire of any kind on any sidewalk or to place or allow any fuel to
remain upon any sidewalk.
136.16 DEFACING. It is unlawful for a person to scatter or place any paste,

paint or writing on any sidewalk.
136.17 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or

deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash,
garbage, rubbish, litter, offal, or any other debris, or any substance likely to
injure any person, animal or vehicle.
136.18 MERCHANDISE DISPLAY. It is unlawful for a person to place

upon or above any sidewalk, any goods or merchandise for sale or for display in
such a manner as to interfere with the free and uninterrupted passage of
pedestrians on the sidewalk; in no case shall more than three (3) feet of the
sidewalk next to the building be occupied for such purposes.

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136.19 SALES STANDS. It is unlawful for a person to erect or keep any

vending machine or stand for the sale of fruit, vegetables or other substances or
commodities on any sidewalk without first obtaining a written permit from the
Council.
136.20 WATER SPOUTS. It is unlawful to cause or permit any water spout,

trough, gutter or balcony extending from any building, owned or leased, to
discharge or conduct water upon the surface of any sidewalk, but all such water
shall be conducted under the sidewalk in accordance with City plans and
specifications and under the direction of the Mayor or Council.
136.21 MOTORCYCLES. No person shall ride any motorcycle on any

sidewalk.

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CHAPTER 137
VACATION AND DISPOSAL OF STREETS

137.01 Power to Vacate 137.04 Findings Required
137.02 Planning and Zoning Commission 137.05 Disposal of Vacated Streets or Alleys
137.03 Notice of Vacation Hearing 137.06 Disposal by Gift Limited
137.01 POWER TO VACATE. When, in the judgment of the Council, it

would be in the best interest of the City to vacate a street, alley, portion thereof
or any public grounds, the Council may do so by ordinance in accordance with
the provisions of this chapter.
137.02 PLANNING AND ZONING COMMISSION. Any proposal to

vacate a street, alley, portion thereof or any public grounds shall be referred by
the Council to the Planning and Zoning Commission for its study and
recommendation prior to further consideration by the Council. The
Commission shall submit a written report including recommendations to the
Council within thirty (30) days after the date the proposed vacation is referred
to the Commission.
137.03 NOTICE OF VACATION HEARING. The Council shall cause to

be published a notice of public hearing of the time at which the proposal to
vacate shall be considered.
137.04 FINDINGS REQUIRED. No street, alley, portion thereof or any

public grounds shall be vacated unless the Council finds that:
1. Public Use. The street, alley, portion thereof or any public
ground proposed to be vacated is not needed for the use of the public,
and therefore, its maintenance at public expense is no longer justified.
2. Abutting Property. The proposed vacation will not deny owners
of property abutting on the street or alley reasonable access to their
property.
137.05 DISPOSAL OF VACATED STREETS OR ALLEYS. When in the

judgment of the Council it would be in the best interest of the City to dispose of
a vacated street or alley, portion thereof or public ground, the Council may do
so in accordance with the provisions of Section 364.7, Code of Iowa.

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CHAPTER 137 VACATION AND DISPOSAL OF STREETS
137.06 DISPOSAL BY GIFT LIMITED. The City may not dispose of real
property by gift except to a governmental body for a public purpose.
EDITOR’S NOTE
The following ordinances, not codified herein and specifically saved from
repeal, have been adopted vacating certain streets, alleys and/or public grounds
and remain in full force and effect.
ORDINANCE NO. ADOPTED ORDINANCE NO. ADOPTED

389 July 10, 1962 813 April 5, 2004
400 May 14, 1963 818 June 1, 2004
404 August 13, 1963 828 November 1, 2004
416 February 9, 1965 829 November 15, 2004
417 February 9, 1965 830 November 15, 2004
421 June 22, 1965 831 February 7, 2005
432 January 10, 1967 838 July 18, 2005
456 December 28, 1970 852 September 9, 2006
457 June 21, 1971 860 July 2, 2007
466 December 4, 1972 877 December 15, 2008
470 May 21, 1973
473 August 3, 1973
485 June 9, 1975
495 June 20, 1977
515 June 29, 1981
519 January 18, 1982
532 May 16, 1983
610 June 17, 1991
691 January 2, 1996
714 July 9, 1997
718 September 8, 1997
719 October 20, 1997
739 November 15, 1999
740 December 6, 1999
755 May 15, 2000
786 October 7, 2002
800 November 3, 2003

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CHAPTER 138
STREET GRADES
138.01 Established Grades 138.02 Record Maintained
138.01 ESTABLISHED GRADES. The grades of all streets, alleys and

sidewalks, which have been heretofore established by ordinance are hereby
confirmed, ratified and established as official grades.
138.02 RECORD MAINTAINED. The Clerk shall maintain a record of all

established grades and furnish information concerning such grades upon
request.
EDITOR’S NOTE
The following ordinances not codified herein, and specifically saved from
repeal, have been adopted establishing street and/or sidewalk grades and remain
in full force and effect.
ORDINANCE NO. ADOPTED ORDINANCE NO. ADOPTED

385 --
452 --
482 --
511 July 21, 1980
514 March 16, 1981
533 June 20, 1983

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CHAPTER 138 STREET GRADES
°°°°°°°°°°

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CHAPTER 139
NAMING OF STREETS
139.01 Naming New Streets 139.04 Official Street Name Map
139.02 Changing Name of Street 139.05 Revision of Street Name Map
139.03 Recording Street Names
139.01 NAMING NEW STREETS. New streets shall be assigned names in

accordance with the following:
1. Extension of Existing Street. Streets added to the City that are
natural extensions of existing streets shall be assigned the name of the
existing street.
2. Resolution. All street names, except streets named as a part of a
subdivision or platting procedure, shall be named by resolution.
3. Planning and Zoning Commission. Proposed street names shall
be referred to the Planning and Zoning Commission for review and
recommendation.
139.02 CHANGING NAME OF STREET. The Council may, by

resolution, change the name of a street.
139.03 RECORDING STREET NAMES. Following official action naming

or changing the name of a street, the Clerk shall file a copy thereof with the
County Recorder, County Auditor and County Assessor.
139.04 OFFICIAL STREET NAME MAP. Streets within the City are
named as shown on the Official Street Name Map which is hereby adopted by
reference and declared to be a part of this chapter. The Official Street Name
Map shall be identified by the signature of the Mayor, and bearing the seal of
the City under the following words: “This is to certify that this is the Official
Street Name Map referred to in Section 139.04 of the Code of Ordinances of
Perry, Iowa.”
139.05 REVISION OF STREET NAME MAP. If in accordance with the

provisions of this chapter, changes are made in street names, such changes shall
be entered on the Official Street Name Map promptly after the change has been
approved by the Council with an entry on the Official Street Name Map as
follows: “On (date), by official action of the City Council, the following

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CHAPTER 139 NAMING OF STREETS
changes were made in the Official Street Name Map: (brief description),”
which entry shall be signed by the Mayor and attested by the Clerk.

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CHAPTER 140
CONTROLLED ACCESS FACILITIES

140.01 Exercise of Police Power 140.05 Unlawful Use of Controlled Access Facility
140.02 Definition 140.06 Speed Limits
140.03 Right of Access Limited 140.07 Parking Restricted
140.04 Access Controls Imposed
140.01 EXERCISE OF POLICE POWER. This chapter shall be deemed

an exercise of the police power of the City under Chapter 306A, Code of Iowa,
for the preservation of the public peace, health, safety and for the promotion of
the general welfare.
140.02 DEFINITION. The term “controlled access facility” means a

highway or street especially designed for through traffic, and over, from or to
which owners or occupants of abutting land or other persons have no right or
easement or only a controlled right or easement of access, light, air or view by
reason of the fact that their property abuts upon such controlled access facility
or for any other reason.
140.03 RIGHT OF ACCESS LIMITED. No person has any right of

ingress or egress to or from abutting lands onto or across any controlled access
facility, except at such designated points at which access is permitted.
140.04 ACCESS CONTROLS IMPOSED. There are hereby fixed and

established controlled access facilities within the City, described as follows:
1. Project No. U-557. On the Primary Road System extension
improvement, Project No. U-557, Primary Road No. Iowa 144, within
the City, described as follows:
From Willis Avenue (Sta. 500 + 28) northerly along First Avenue to the
north corporation line (Sta. 26 + 48.4)
regulating access to and from abutting properties along said highway all
in accordance with the plans for such improvement identified as Project
No. U-557, on file in the office of the Clerk.

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CHAPTER 140 CONTROLLED ACCESS FACILITIES
2. Project No. FN-12W. On the Primary Road System extension

improvement, Project No. FN-12W, Primary Road No. 141, within the
City, described as follows:
From Sta. 0 + 00 to Sta. 76 + 57 = Sta. 0 + 00 and from Sta. 0 + 00 to
Sta. 42 + 40
No. FN-12W, on file in the office of the Clerk.
3. Project No. F-141-6(2)—20-25 and U-144-1(1)—40-25. On the
Primary Road System extension improvement, Project No. F-141-6(2)—
20-25 and U-144-1(1)—40-25, Primary Road No. 144 and relocated
Iowa 141, within the City, described as follows:
Iowa 144 from Sta. 65 + 75 to Sta. 99 + 65 and from Relocated Iowa 141
from Sta. 1434 + 00 to Sta. 1439 + 00 from Sta. 1451 + 00 to Sta. 1462 +
00, from Sta. 1479 + 50 to Sta. 1519 + 50,
No. F-141-6(2)—20-25 and U-144-1(1)—40-25, on file in the office of
the Clerk.
140.05 UNLAWFUL USE OF CONTROLLED ACCESS FACILITY. It

is unlawful for any person to:
(Code of Iowa, Sec. 306A.3 and 321.366)
1. Cross Dividing Line. Drive a vehicle over, upon or across any
curb, central dividing section, or other separation or dividing line on
such controlled access facilities.
2. Turns. Make a left turn or a semicircular or U-turn except
through an opening provided for that purpose in the dividing curb
section, separation or line.
3. Use of Lanes. Drive any vehicle except in the proper lane
provided for that purpose and in the proper direction and to the right of
the central dividing curb, separation, section or line.
4. Enter Facility. Drive any vehicle into the controlled access
facility from a local service road except through an opening provided for
that purpose in the dividing curb or dividing section or dividing line
which separates such service road from the controlled access facility
property.

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140.06 SPEED LIMITS. The maximum speed limits on said projects are
hereby established as follows:
1. Project No. U-557. Speed limits on Project No. U-557 are as
follows:
A. 35 mph from Station 500 + 28 (Willis Avenue) to Station
539 + 72 (Park Street).
B. 35 mph from Station 0 + 00 to Station 3 + 50.
C. 45 mph from Station 3 + 50 to Station 26 + 48.4 (NCL).
2. Highway 141. Speed limits on Highway 141 are as follows:
A. 55 mph from 1,361 feet east of 16th Street to 115 feet west
of Tenth Street.
B. 50 mph from 115 feet west of Tenth Street to Highway
144.
140.07 PARKING RESTRICTED. The parking of vehicles on or along

controlled access facilities is restricted as follows:
1. Minor Street Approaches. Parking shall be prohibited on all
minor street approaches for a distance of thirty-five (35) feet in advance
of the stop sign.
2. Minor Street Exits. Parking shall be prohibited on the exit side of
a minor street for a distance of thirty-five (35) feet.
3. Diagonal Parking on Minor Street. Where diagonal parking is
permitted, on the minor street approach, parking shall be restricted so
that a fifty-five (55) foot stop sign distance is maintained.
4. Project No. U-557. Parking of any nature is prohibited on Project
No. U-557 from Sta. 500+28 to Sta. 539+72 = Sta. 0+00, from Sta. 0+00
to Sta. 26+48.4, except that at the completion of 10-foot portland cement
concrete parking lanes on each side outside of the center 45 feet from
Willis Avenue to Warford Street and from Lucinda Street to Pattee
Street a single line of parallel parking will be permitted on each side of
First Street outside of the center 45 feet from Willis Avenue to Warford
Street and from Lucinda Street to Pattee Street with the following
restrictions at the intersections: At un-signalized intersections, parking
is prohibited on the primary road extension for a distance of 55 feet in
advance of the near crosswalk and a distance of 22 feet beyond the far
crosswalk. At signalized intersections, parking is prohibited for a
distance of 10 feet in advance of the near crosswalk and a distance of 5

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feet beyond the far crosswalk. Distance of parking restrictions is

measured along the edge of the through lane.
5. Project No. FN-12W. Parking of any nature is prohibited on
Project No. FN-12W from the west corporation line to First Street, and
from East Fourth Street to the east corporation line. A single line of
parallel parking on each side is permitted from First Street to East Fourth
Street.
6. Project No. U-144-1(1)—40-25 and F-141-6(2)—20-25. Parking
of any nature is prohibited on Project Nos. U-144-1(1)—40-25 and F-
141-6(2)—20-25 on First Street from a point 740 feet south of South
Street (Sta. 65 + 75) to Willis Avenue (Sta. 99 + 65). Parking on
Relocated Iowa 141 is prohibited within the corporate limits.

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CHAPTER 145
DANGEROUS BUILDINGS
145.01 Enforcement Officer 145.09 Grading of Premises After Demolition
145.02 Definitions 145.10 Extermination Procedure Before Demolition
145.03 Procedure to Remedy 145.11 Bids for Demolition—Bid Opening—
145.04 Time for Compliance Award of Contract
145.05 Removal of Posted Notice 145.12 Stay of Demolition—Bond
145.06 Service by Public Utilities 145.13 Emergency Procedures
145.07 Demolition 145.14 Assessment of Costs
145.08 Access for Demolition—Penalties
145.01 ENFORCEMENT OFFICER. The Building Official or his designee

is responsible for the enforcement of this chapter.
145.02 DEFINITIONS. The following words when used in this chapter shall
have the meanings:
1. “Dangerous or dilapidated structure” means: (a) any building,
shed, fence or other man-made structure which is dangerous to the public
health because of its condition. A dangerous condition shall include but
not be limited to one which may cause or aid in the spread of disease; or
which may cause injury to the health of the occupants of it or
neighboring structures; (b) any building, shed, fence or other man-made
structure which, because of faulty construction, age, lack of proper repair
or any other cause, constitutes or creates a fire hazard; (c) any building,
shed, fence or other man-made structure which, by reason of faulty
construction or any other cause, is liable to cause injury or damage by its
collapsing or by the collapse or fall of all or any part of such structure;
(d) any building, shed, fence or other man-made structure which,
because of its condition or because of lack of operable doors or windows
which can be securely locked, is available to or frequented by persons
who are not lawful occupants of such structure.
2. “Imminently dangerous structure” is any building, shed, fence or
other man-made structure which, is in danger of imminent collapse of all
or any part of such structure and is thereby an imminent danger to the
health and safety of the general public or adjacent property.
3. “Owner” means the contract purchaser if there is one of record,
otherwise the record title holder.
4. “Commercial structure” means any structure not used exclusively
as a dwelling unit.

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CHAPTER 145 DANGEROUS BUILDINGS
145.03 PROCEDURE TO REMEDY. Whenever the Inspecting Official

determines that any structure is a dangerous or dilapidated structure, the
inspecting official shall:
1. Cause to be posted in a conspicuous place on the structure a
notice which shall substantially as follows: “Danger - Unsafe or Unfit
Structure.” Such notice shall remain posted until the required repairs,
removal or demolition is completed. Such notice shall not be removed
except by the Inspecting Official or by the Inspecting Official’s written
permission and no persons shall enter a building except for the purpose
of making the required repairs, removal or demolition.
2. Cause to be served upon the owner thereof and the occupants, if
any, a written notice shall contain:
A. The street address and a legal description sufficient for
identification of the premises upon which the structure is located.
B. A statement that the Inspecting Official has found the
structure to be a dangerous or dilapidated structure with a
description of the conditions found to render the structure
dangerous under the provisions of Section 145.02.
C. That the structure must be vacated by all occupants within
a specified time, which shall be reasonable under the
circumstances.
D. A statement of the corrective action to be taken as
determined by the Inspecting Official including a time for
commencing and completing such corrective action. All repair or
modification or demolition work ordered shall be commenced
within a reasonable time not to exceed thirty (30) days from the
date of the notice and to be completed within a reasonable time
not to exceed six (6) months from the date of notice. Corrective
action may include repair, removal or demolition, as determined
by the Inspecting Official.
E. A statement that if the required repair, modification or
demolition work is not commenced within the time specified, the
City will cause the structure to be demolished and will assess all
costs thereof in accordance with State law. A statement that the
Inspecting Official will report the failure of the owner to repair,
modify or demolish the structure to the City Council; that the City
Council will conduct a public hearing on the report and may order
the City building official to proceed with demolition of the
structure and thereafter assess all the costs of the demolition

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against the property and to the owner; that the owner may file
written objections with the City Clerk or appear at the public
hearing and be heard orally in relation to the matter; and the date,
time and place of the public hearing before the City Council.
F. A statement of the right to appeal the notice in writing to
the Building Official within fifteen (15) days of the date of notice.
However, a notice to demolish a structure shall not be subject to
an appeal when said notice is given subsequent to a notice to
repair or modify and such repairs or modifications have not been
completed.
G. A copy of the ordinance codified by this chapter will be
given along with the notification that a structure is dangerous or
dilapidated.
3. Such notice may be in the form of an ordinance or by certified
mail to the property owner as shown by the records of the County
Auditor and to the occupants, if any, and shall state the time within
which action is required. However, in an emergency, the City may
perform any action which may be required under this section without
prior notice and assess the costs as provided by law, after notice to the
property owner and hearing.
4. The Inspecting Official shall file a copy of such written notice to
the County Recorder.
145.04 TIME FOR COMPLIANCE. Any structure which shall have been
posted with a notice that it is unsafe or unfit shall immediately be made as safe,
secure and free from dangers to others as is possible pending repair or
demolition. When the corrective action required is repair or modification, the
owner of the premises shall, within thirty days of the date of notice, file a sworn
statement of intention, with plans and financial reports as may be requested by
the Inspecting Official to assure such intention, to repair, or modify the
structure as required for compliance within the provisions of this title. The
owner shall within sixty days of the date of notice, commence actual repairs or
modifications as required and as stated in the sworn statement of intention. The
owner shall, within a reasonable time determined by the Inspecting Official but
not to exceed six months from the date of notice, complete such repairs or
modifications as stated and required. When the corrective action required is the
demolition of the structure, the owner of the premises shall, within fifteen days
of the date of notice commence said demolition; and shall, within reasonable
time determined by the Inspecting Official but not to exceed sixty days from the
date of notice, complete such demolition as stated and required. The City
Council may grant one extension of time to comply with an order to repair or

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modify or demolish a structure when the owner affirmatively shows the

financial ability to perform the work; and the work, through no fault of the
owner, cannot be completed within the time provided. Such extension shall be
for a reasonable period of time not to exceed ninety days for repairs or
modifications and not to exceed sixty days for demolition.
145.05 REMOVAL OF POSTED NOTICE. No person shall deface, cover,

obliterate or remove the notice posted pursuant to Section 145.03 from any
structure which has been so posted by the Inspecting Official as unsafe or unfit,
except as provided in this section. No such structure shall again be occupied or
used until such posted notice is removed by the Inspecting Official. The
Inspecting Official shall remove such posted notice when the defect or defects
which caused the posted notice have been eliminated or when the demolition or
removal of the structure is commenced.
145.06 SERVICE BY PUBLIC UTILITIES. After the date for the vacation
of the structure, it is unlawful for any public utilities corporation or company to
furnish gas or electrical service to any structure which has been posted with
notice by the Inspecting Official as unsafe or unfit, when the Inspecting Official
in his discretion has notified the public utilities corporation or company in
writing of his action in posting the structure as of the date and services shall be
discontinued. The utility service shall not be restored to a posted structure until
notice in writing is received from the Inspecting Official authorizing the
restoration of such service by the utilities corporation or company. The
Inspecting Official may authorize restoration of service to be used in
connection with the renovation, repair or remodeling of the structure to comply
with the provisions of this title. The Inspecting Official shall give such written
authorization for the restoration of service when the posted notice is removed
pursuant to the provisions of this chapter.
145.07 DEMOLITION. When the owner falls to commence or complete the

required repairs, removal or demolition within the specified time period, the
Inspecting Official shall report the owner’s failure to the City Council.
1. The City Council shall then hold a hearing and may, by resolution
authorize the Inspecting Official to demolish the structure or take such
other action it deems appropriate, including the granting of a stay
pursuant to Section 145.04.
2. Upon passage of such resolution the Inspecting Official shall file
a certified copy of such resolution with the County Recorder.
145.08 ACCESS FOR DEMOLITION—PENALTIES. The owner of the

structure who has received the report of the intent of the Inspecting Official to

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demolish shall give entry and free access to the agent and Inspecting Official
for the purpose of demolition. Any owner who refuses, impedes, interferes
with or hinders or obstructs entry by such agent pursuant to a notice of intention
to demolish shall be subject to the municipal infraction penalties of this code in
Section 4.03 of the City of Perry Code of Ordinances, 2001.
145.09 GRADING OF PREMISES AFTER DEMOLITION. Whenever

the premises is demolished, whether carried out by the owner or by the
Inspecting Official, such demolition shall include the filing of the excavation on
which the demolished premises was located in such manner as to eliminate all
potential danger to the public health, safety, or welfare arising from such
excavation.
145.10 EXTERMINATION PROCEDURE BEFORE DEMOLITION.

All demolition shall be preceded by an inspection of the premises by the
Inspecting Official to determine whether or not extermination procedures are
necessary. If the premises are found to be infested, appropriate rat, pests and
insects extermination to prevent the spread of rats, pests and insects to
adjoining or other areas shall be instituted before, during and after demolition.
145.11 BIDS FOR DEMOLITION—BID OPENING—AWARD OF

CONTRACT. The Inspecting Official shall commence demolition as follows:
1. When the estimated cost of demolition, in the opinion of the
appropriate authority, is five thousand dollars or more, the work shall be
done under contract and the Inspecting Official shall seek sealed bids as
near in form and manner as those used in contracts for street
improvements. If no bids are received, the Inspecting Official may
negotiate a contract with a qualified contractor. Bids, if any, shall be
opened in the office of the Building Official.
2. When the estimated cost of demolition, in the opinion of the
Inspecting Official, is less than five thousand dollars, the work shall be
done under contract and the Inspecting Official shall seek sealed bids in
a manner he deems appropriate or shall negotiate a contract with a
qualified contractor. Bids, if any, shall be opened in the office of the
Building Official.
3. A contract for demolition pursuant to subsection 1 of this section
shall be awarded by resolution of the City Council.
4. A contract for demolition pursuant to subsection 2 of this section
shall be awarded by the City Administrator.

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145.12 STAY OF DEMOLITION—BOND. The owner, or any interested

person may request a delay in the demolition of a structure at the time of the
hearing on resolution authorizing demolition. Such request shall be made in
writing. The City Council may grant such request properly before it when in its
opinion it is practical, economical and structurally possible to rehabilitate the
structure to comply with this code.
1. No stay granted shall be effective, however, unless and until such
person signs a written agreement with the City wherein the person
agrees:
A. To make all of the necessary repairs to bring the structure
to current code standards within a time not to exceed ninety days
of the date the stay is granted;
B. To grant the City the right to award a contract and to enter
in and upon such premises for the purposes of demolishing same
upon the failure of the person to make such necessary repairs
within the agreed upon time period; and
C. Agrees to pay the City a per diem, in an agreed upon
amount, which shall serve as reimbursement to the City of
administrative and monitoring expenses for each day such person
requests a delay in City demolition beyond the period of time
established for the repair of the structure under the agreement;
and such person files with the City a corporate surety
performance bond, a cashier’s or certified check drawn on a Perry
bank or credit union or a letter of credit from such an institution
in the estimated cost of demolition, as determined by the
Inspecting Official, and in an amount sufficient to assure payment
of the per diem reimbursement to the City. In no event shall the
portion of the bond attributable to the cost of demolition be less
than one thousand dollars, nor shall the portion of the bond
attributable to the per diem reimbursement be less than one
thousand dollars. The bond shall be conditioned upon the person
performing the repairs within the agreed upon time period,
together with written extensions thereto, and conditioned upon
payment of the per diem reimbursement as same shall become
due. Upon such person’s failure to make all of the repairs in a
manner acceptable to the City within the agreed upon time period,
together with written extensions thereto, the Inspecting Official
may proceed to demolish the structure without further notice.

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2. The proceeds of the bond given pursuant to Section 145.12, if

any, shall be applied by the City Finance Officer first against any unpaid
per diem reimbursement and then against the assessment for demolition.
145.13 EMERGENCY PROCEDURES. Whenever the Inspecting Official

determines that any structure in the City is an imminently dangerous structure,
he shall notify the owner of said structure by any reasonable means, including
telephonic means, and allow the owner a reasonable period of time, as
determined by the Inspecting Official, in which to make the structure safe or to
commence and complete demolition of the structure. Upon the failure or
refusal of the owner to make the structure safe or to commence or complete
demolition within the time period provided, the Inspecting Official shall
proceed at once to make safe the structure or to demolish the structure. In the
event the work is performed by the City, the costs of the same shall be assessed
against the property.
145.14 ASSESSMENT OF COSTS. Upon completion of demolition the

Inspecting Official shall report to the City Council the actual cost of demolition,
grading, extermination, serving of notices, plus twenty percent of the total of
said amounts to compensate for the cost of supervision and administration by
the City. The City Council may then proceed to assess said costs against the
property pursuant to the provisions of Section 364.12 of the Code of the State
of Iowa.
(Ch. 145 – Ord. 846 – May 06 Supp.)

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- 796 -
CHAPTER 146
MANUFACTURED AND MOBILE HOMES

146.01 Definitions 146.05 Limitation on Length of Stay
146.02 Location of Mobile Homes 146.06 Special Permits
146.03 Permanent Occupancy 146.07 Emergency and Temporary Parking
146.04 Permanent Additions or Attachments 146.08 Restriction of Location for Manufactured
and Mobile Homes
defined:
1. “Manufactured home” (modular home) means a factory built
structure, which is manufactured or constructed under the authority of 42
U.S.C. Sec. 5403 and is to be used as a place for human habitation, but
which is not constructed or equipped with a permanent hitch or other
device allowing it to be moved other than for the purpose of moving to a
permanent site, and which does not have permanently attached to its
body or frame any wheels or axles.
2. “Mobile home” or “house trailer” means any vehicle without
motive power used or so manufactured or constructed as to permit its
being used as a conveyance upon the public streets and highways and so
designed, constructed or reconstructed as will permit the vehicle to be
used as a place for human habitation by one or more persons; but also
includes any such vehicle with motive power not registered as a motor
vehicle in Iowa.
3. “Mobile home park” or “trailer camp” means any site, lot, field or
tract of land upon which two (2) or more occupied mobile homes are
harbored, either free of charge or for revenue purposes, and includes any
building, structure, tent, vehicle or enclosure used or intended for use as
part of the equipment of such mobile home park. The term “mobile
home park” shall not be construed to include mobile homes, buildings,
tents or other structures temporarily maintained by any individual,
educational institution or company on such entity’s own premises and
used exclusively to house said entity’s own labor or students. The
mobile home park shall meet the requirements of any zoning regulations
that are in effect.

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CHAPTER 146 MANUFACTURED AND MOBILE HOMES
146.02 LOCATION OF MOBILE HOMES. It is unlawful for any person

to park or place any mobile home on the streets, alleys or highways, any public
place, or on any private land within the City, except as is provided by State law
and this chapter. This section does not apply to:
1. Mobile Home Parks. Mobile homes parked or placed within
mobile home parks.
2. Dealer’s Stock. Mobile homes parked upon private property as
part of a dealer’s or a manufacturer’s stock not used as a place for human
habitation.
3. Manufactured Homes. Manufactured homes, or mobile homes
meeting the manufacturing requirements of the State Building Code and
which are converted to real property in accordance with Section 435.26
of the Code of Iowa, providing that the location of such manufactured
home or mobile home meets all other requirements imposed by this
Code of Ordinances.
146.03 PERMANENT OCCUPANCY. Mobile homes shall not be used as

a permanent dwelling place or for indefinite periods of time, provided that any
mobile home connected with the City’s sewer and water system may be
permitted, on premises other than a mobile home park, on a permanent basis, if
the mobile home meets with all the requirements of the building, plumbing,
health, sanitary, electrical and zoning ordinances of the City.
146.04 PERMANENT ADDITIONS OR ATTACHMENTS. No

permanent additions or attachments of any kind shall be built onto or become a
part of any mobile home, nor shall any mobile home be attached to the ground
by means of posts, piers or foundations. However, if sixty percent (60%) of the
residents within a three hundred (300) foot radius agree and consent to the
installation of permanent additions or attachments by filing such agreement and
consent in writing with the Clerk, then the Council may issue a special permit
for the installation of such a mobile home.
146.05 LIMITATION ON LENGTH OF STAY. Thirty (30) days is the

maximum period of time any person may occupy a mobile home in any twelve-
month period within the City, except as provided in Section 146.02 of this
chapter, and except upon showing proof that a housing shortage exists in the
community, in which case an additional thirty-day period may be granted. The
limitations imposed in this section shall not apply to the operator of the mobile
home park or employees.
146.06 SPECIAL PERMITS. The Council, after reviewing the application

of a mobile home owner, may issue special permits allowing the location of

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mobile homes outside mobile home parks for a period of time not exceeding
three (3) months. Not more than one (1) mobile home shall be permitted to
locate on the same premises outside of mobile home parks.
146.07 EMERGENCY AND TEMPORARY PARKING. Emergency or

temporary parking of mobile homes upon the streets, alleys or highways or any
other public or private place for a period not in excess of twenty (20) hours
shall not constitute a violation of Section 146.02, but such parking shall be
subject to any prohibitions or regulations contained in other ordinances of the
City.
146.08 RESTRICTION OF LOCATION FOR MANUFACTURED AND

MOBILE HOMES. The construction and/or location of manufactured homes
are only restricted outside the areas of the City known as Mobile Home Parks
or Manufactured Home Communities. (Ord. 844 – May 06 Supp.)

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CHAPTER 147
WATER WELL PROTECTION

147.01 Purpose 147.04 Separation Distances Table
147.02 Establishment of Separation Distances 147.05 Mandatory Connection to Public Water System
147.03 Definitions and Use of Private Wells
147.01 PURPOSE. The purpose of this chapter is to establish separation

distances from wells from all structures and uses, to protect the public, and to
preserve the health and welfare of the community by protecting water purity.
147.02 ESTABLISHMENT OF SEPARATION DISTANCES. The

distances for separating uses and construction around all wells within the City,
including old wells as well as new wells, have been established by State
requirements relative to possible pollutants and their distances from wells, and
the Council has found that the said State requirements shall be adopted as the
minimum acceptable requirements for separation distances from wells, and no
construction or use shall be allowed within said minimum distances to City
wells as set forth herein.
defined. Use of the word “building” includes the word “structure.”
1. “Animal enclosure” means a lot, yard, corral or similar structure
in which the concentration of livestock or poultry is such that a
vegetative cover is not maintained.
2. “Animal pasturage” means a fenced area where vegetative cover
is maintained and in which the animals are enclosed.
3. “Animal waste” means animal waste consisting of excreta,
leachings, feed losses, litter, wash water or other associated waste.
4. “Animal waste stockpiles” means stacking, composting or
containment of animal wastes.
5. “Animal waste storage basin or lagoon” means fully or partially
excavated or diked earthen structure including earthen side slopes or
floor.
6. “Animal waste storage tank” means a completely fabricated
structure, with or without a cover, either formed in place or transported
to the site, used for containing animal waste.

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CHAPTER 147 WATER WELL PROTECTION
7. “Cistern” means a covered tank in which rain water from roof

drains is stored.
8. “Deep well” means a well located and constructed in such a
manner that there is a continuous layer of low permeability soil or rock
at least five feet thick located at a depth of at least 25 feet below the
normal ground surface and above the aquifer from which the water is to
be drawn.
9. “Low permeability” means an unconsolidated soil layer of well
sorted fine grain-sized sediments that under normal hydrostatic pressures
would not be significantly permeable. Low permeability soils may
include homogeneous clays below the zone of weathering, mudstone,
claystone and some glacial till.
10. “Privy” means a structure used for the deposition of human body
wastes.
11. “Sanitary sewer pipe” means a sewer pipe complying with the
standards of sewer construction of the Department of Natural Resources.
12. “Septic tank” means a watertight tank which receives sewage.
13. “Shallow well” means a well located and constructed in such a
manner that there is not a continuous five-foot layer of low permeability
soil or rock between the aquifer from which the water supply is drawn
and a point 25 feet below the normal ground surface.
14. “Water main pipe” means a water main complying with the
Department of Natural Resources standards for water main construction.
147.04 SEPARATION DISTANCES TABLE. No building or use shall be

allowed within the separation distances from City wells as set out in Table A at
the end of this chapter. A building permit is required for all construction within
1,000 feet of municipal wells. No building permit shall be issued which is in
violation of the separation distances from municipal wells if in violation of this
chapter or a source of contamination for said well. Any use or construction in
violation of this chapter is a nuisance as defined in Chapter 50 of this Code of
Ordinances and prohibited pursuant to Section 50.04; and the notice
requirements regarding abatement of nuisances and prohibited conditions and
all provisions of this Code of Ordinances in regard to abatement, costs of
collection, hearings and penalties for maintaining a nuisance or prohibited
condition as set forth herein are applicable. Specifically, and in addition to any
other remedies allowed by ordinance or at law, the City shall recover any costs
for water treatment which are created by any source of contamination which is
identified, where said source is in violation of this chapter.

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147.05 MANDATORY CONNECTION TO PUBLIC WATER SYSTEM

AND USE OF PRIVATE WELLS.
1. Connections to the Public Water System. Except as otherwise
provided herein, all residences and business establishments within the
City using water for human habitation or occupancy shall connect to the
public water system. Water is used for human habitation or occupancy if
it is used in the plumbing system of a residence or a business occupied
by humans.
2. Exceptions. A residence or business establishment within the
City using water for human habitation or occupancy may obtain its water
from a private well as follows:
A. Existing Wells. A well in existence on the effective date
of the ordinance codified by this section may continue to obtain
water from a private well as follows:
(1) For irrigation of grass and landscape planting upon
the property for so long as desired;
(2) For human habitation or occupancy until the date
established at Section 147.05(2) herein.
B. New Wells. A well may be drilled only upon property that
does not have access to the City water system within 200 feet of
the property, and use of the well for human habitation or
occupancy may continue until the date established at Section
147.05(2) herein.
(1) Permit. No person shall install or maintain a private
well after the date of enactment of the ordinance codified
by this section, or own or use a private well within the City
after such date, unless the person has registered such well
and obtained a permit for same from the City. The
registration and permit process shall be completed on
forms provided by the City.
(2) Contaminated Area, Notwithstanding anything to
the contrary which permits a private well to remain in
existence within the City, neither shall a new private well
be drilled nor shall repairs to an existing private well be
made after the date of enactment of the ordinance codified
by this section, if the well is located within a contaminated
area.

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(3) Variance. The City Council, upon recommendation

of the Superintendent of the City Water System or the
Superintendent’s designated assistant or agent, may
consider a variance or exception to this section on
application to the City.
(4) Termination of Use of Existing Wells. The use of
any private well not permitted to continue under this
section shall cease and the well shall be plugged in
accordance with rules of the Iowa Department of Natural
Resources on July 1, 2005, or 90 days after the date the
public water system is extended to within 200 feet of the
affected property, whichever is later.
(5) Definitions. For use in this section the following
terms are defined:
a. “Private well” means any groundwater well,
except a monitoring well used as a part of a
remediation system, used both for drinking water
and for non-drinking water purposes, including a
groundwater well which is not properly plugged in
accordance with rules of the Iowa Department of
Natural Resources.
b. “Contaminated area: means a point within an
area that has groundwater contamination or that in
accordance with design models of the Iowa
Department of Natural Resources may become
contaminated due to percolation of groundwater
contamination in the vicinity of the well site.
c. “Human habitation or occupancy” means use
of water in the plumbing system of a residence or
business used or occupied by humans.
(Ord. 817 – Jun. 04 Supp.)

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TABLE A
Distances (Feet)
Source of Contamination 5 10 25 50 75 100 200 400 1000
POINT DISCHARGE Well house floor drains A

TO GROUND Water treatment plant wastes A
SURFACE Sanitary and industrial discharge A
WASTEWATER STRUCTURES
ENC WM
Well house floor drains to surface A A A SP A ---------------Unknown-------
SEWERS Well house floor drains to sewers A WM A SP A --Unknown--
AND DRAINS Water plant wastes A WM A SP A --Unknown--
Sanitary and storm sewers, drains A WM A SP A --Unknown--
Sewer force mains A WM WM A SP
Land application of solid waste D S
Irrigation of wastewater D S
LAND DISPOSAL Concrete vaults and septic tanks D S
OF WASTES Mechanical wastewater treatment
plants D S
Cesspools and earth pit privies D S
Soil absorption fields D S
Lagoons D S
CHEMICALS
CHEMICAL AND Chemical application to ground

MINERAL STORAGE surface D S
Above ground D S
On or under ground D S
Animal pasturage A
Animal enclosure D S
Land application of solids D S
ANIMALS
ANIMAL WASTES Land application of liquid or

slurry D S
Storage tank D S
Solids stockpile D S
Storage basin or lagoon D S

Earthen silage storage trench
MISCELLANEOUS
or pit D S
Basements, pits, sumps A
Flowing streams or other surface
water bodies A
Cisterns D S
Cemeteries A
Private wells D S
Solid waste disposal sites A
KEY
D Deep Well
S Shallow Well
A All Wells
WM Pipe of Water Main Specifications
SP Pipe of Sewer Pipe Specifications
ENCWM Encased in 4 inches of Concrete

- 815 -

- 816 -
CHAPTER 150
BUILDING NUMBERING
150.01 Definitions 150.03 Building Numbering Map
150.02 Owner Requirements
defined:
1. “Owner” means the owner of the principal building.
2. “Principal building” means the main building on any lot or
subdivision thereof.
150.02 OWNER REQUIREMENTS. Every owner shall comply with the

following numbering requirements:
1. Obtain Building Number. The owner shall obtain the assigned
number to the principal building from the Clerk.
(Code of Iowa, Sec. 364.12[3d])
2. Display Building Number. The owner shall place or cause to be
installed and maintained on the principal building the assigned number
in a conspicuous place to the street in figures not less than two and one-
half (2½) inches in height and of a contrasting color with their
background.
(Code of Iowa, Sec. 364.12[3d])
3. Failure to Comply. If an owner refuses to number a building as
herein provided, or fails to do so for a period of thirty (30) days after
being notified in writing by the City to do so, the City may proceed to
place the assigned number on the principal building and assess the costs
against the property for collection in the same manner as a property tax.
150.03 BUILDING NUMBERING MAP. The Clerk shall be responsible

for preparing and maintaining a building numbering map.

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CHAPTER 150 BUILDING NUMBERING
°°°°°°°°°°

- 832 -
CHAPTER 151
TREES
151.01 Definition 151.06 Inspection and Removal
151.02 Planting Restrictions 151.07 Felling of Trees on Streets
151.03 Duty to Trim Trees 151.08 Insurance
151.04 Trimming Trees to be Supervised 151.09 Abuse or Mutilation of Trees on Public Property
151.05 Disease Control
151.01 DEFINITION. For use in this chapter, “parking” means that part of
the street, avenue or highway in the City not covered by sidewalk and lying
between the lot line and the curb line; or, on unpaved streets, that part of the
street, avenue or highway lying between the lot line and that portion of the
street usually traveled by vehicular traffic.
151.02 PLANTING RESTRICTIONS. No tree shall be planted in any

parking or street except in accordance with the following:
1. Alignment. All trees planted in any street shall be planted in the
parking midway between the outer line of the sidewalk and the curb. In
the event a curb line is not established, trees shall be planted on a line ten
(10) feet from the property line.
2. Spacing. Trees shall not be planted on any parking which is less
than nine (9) feet in width, or contains less than eighty-one (81) square
feet of exposed soil surface per tree. Trees shall not be planted closer
than twenty (20) feet from street intersections (property lines extended)
and ten (10) feet from driveways. If it is at all possible trees should be
planted inside the property lines and not between the sidewalk and the
curb.
3. Prohibited Trees. No person shall plant in any street any fruit-
bearing tree or any tree of the kinds commonly known as cottonwood,
poplar, box elder, Chinese elm, evergreen, willow or black walnut.
151.03 DUTY TO TRIM TREES. The owner or agent of the abutting

property shall keep the trees on, or overhanging the street, trimmed so as to
allow free passage of pedestrians and vehicular travel, and so they will not
obstruct or shade the street lights, the vision of traffic signs or the view of any
street intersection. All branches will be at least thirteen (13) feet above the
surface of the street and nine (9) feet above the sidewalks. If the abutting
property owner fails to trim the trees, the City may serve notice on the abutting
property owner requiring that such action be taken within twenty (20) days. If
such action is not taken within that time, the City may perform the required

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CHAPTER 151 TREES
action and assess the costs against the abutting property for collection in the
same manner as a property tax. Said property owner may request a hearing
before the Council by a written request within twenty (20) days after service of
notice.
(Code of Iowa, Sec. 364.12[2c, d & e])
151.04 TRIMMING TREES TO BE SUPERVISED. Except as allowed in

Section 151.03, it is unlawful for any person to trim or cut any tree in a street or
public place unless the work is done under the supervision of the City.
151.05 DISEASE CONTROL. Any dead, diseased or damaged tree or

shrub which may harbor serious insect or disease pests or disease injurious to
other trees is hereby declared to be a nuisance.
151.06 INSPECTION AND REMOVAL. The Council shall inspect or

cause to be inspected any trees or shrubs in the City reported or suspected to be
dead, diseased or damaged, and such trees and shrubs shall be subject to the
following:
1. City Property. If it is determined that any such condition exists
on any public property, including the strip between the curb and the lot
line of private property, the Council may cause such condition to be
corrected by treatment or removal. The Council may also order the
removal of any trees on the streets of the City which interfere with the
making of improvements or with travel thereon.
2. Private Property. If it is determined with reasonable certainty that
any such condition exists on private property and that danger to other
trees or to adjoining property or passing motorists or pedestrians is
imminent, the Council shall notify by certified mail the owner, occupant
or person in charge of such property to correct such condition by
treatment or removal within fourteen (14) days of said notification. If
such owner, occupant or person in charge of said property fails to
comply within fourteen (14) days of receipt of notice, the Council may
cause the condition to be corrected and the cost assessed against the
property.
(Code of Iowa, Sec. 364.12[3b & h])
151.07 FELLING OF TREES ON STREETS. The City shall be notified

prior to the time that any tree or shrub is to be trimmed, if said tree or shrub or
any portion thereof will fall on a street, sidewalk or alley. The following safety
measures shall be required during such felling:
1. Warning Device. The person to whom the permit is issued shall
be responsible for placing such signs, flags, flares and barricades as are

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CHAPTER 151 TREES
needed to warn persons of the danger of using the street, sidewalk or

alley.
2. Traffic Control. No tree shall be felled onto any street without
having persons stationed in the streets to stop traffic from both directions
at the time the tree is being dropped, unless the street has been duly
barricaded.
3. Cleanup. Trees or branches which are felled or trimmed on
public property must be removed immediately unless an extension of
time is granted by the City in writing.
151.08 INSURANCE. Before any tree over fourteen (14) inches in diameter
or any branches over ten (10) inches in diameter is felled onto public property,
the applicant must deposit with the Clerk a certificate of liability insurance in
the amount of $50,000.00 per person, $100,000.00 per accident for bodily
injury liability and $25,000.00 aggregate for property damage liability.
151.09 ABUSE OR MUTILATION OF TREES ON PUBLIC PROPERTY.

No person shall willfully damage, cut, carve, transplant or remove any tree or
shrub on public property; attach any rope, wire, nails or other contrivance to
any such tree; cause or permit any wire charged with electricity to come in
contact with any tree or shrub unless protected by approved methods; attach
any electrical insulation to any public tree or shrub; allow any gaseous, liquid
or solid substance which is harmful to a tree or shrub to come in contact with it;
or set fire or permit any fire to burn when such fire or heat thereof will injure
any portion of any public tree or shrub, without first obtaining a written permit
to do so from the City.

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CHAPTER 151 TREES

- 836 -
CHAPTER 155
UNIFORM CONSTRUCTION CODES

155.01 Title 155.09 Accessibility for Persons with Disabilities
155.02 Scope 155.10 Thermal and Lighting Efficiency Standards
155.03 Limitations 155.11 Violations Under Prior Code
155.04 Uniform Building Code 155.12 No Wholesale Adoption of the State Building Code
155.05 Uniform Electrical Code 155.13 Municipal Infraction
155.06 Uniform Mechanical Code 155.14 Powers and Duties of Building Official
155.07 Uniform Plumbing Code 155.15 Contractor Registration and Insurance
155.08 Factory Built Structures Requirements
155.01 TITLE. This chapter shall be known and may be referred to as the
Perry Uniform Construction Codes. Section 155.04 shall be known and may
be referred to as the Perry Uniform Building Code. Section 155.05 shall be
known and may be referred to as the Perry Uniform Electrical Code. Section
155.06 shall be known and may be referred to as the Perry Uniform Mechanical
Code. Section 155.07 shall be known and may be referred to as the Perry
Uniform Plumbing Code. The above section titles shall supersede the
applicable title sections respectively of Sections 155.04 through 155.07.
155.02 SCOPE. No building or structure shall be used, erected, constructed,

repaired, altered, moved or demolished unless it fully complies with the
standards of this chapter. Notwithstanding the foregoing, buildings and
structures in existence at the time of adoption of this chapter may have their
existing use or occupancy continued, if such use or occupancy complies with
the predecessor ordinance then in effect, provided however that such continued
use is not dangerous to health, life and safety.
155.03 LIMITATIONS. This chapter shall apply to all structures on

property within the corporate boundaries of the City. This chapter may not
apply in whole or in part to some structures in certain situations according to
applicable Federal, State or local law that may restrict or prohibit the regulation
of certain construction activities. In this event, these situations will be
addressed on a case-by-case basis. These limitations are in addition to those
expressed in applicable scope sections respectively of Sections 155.04 through
155.07.
155.04 UNIFORM BUILDING CODE. The Uniform Building Code, 1994

Edition, as published by the International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California, 90601-2298, and as
adopted by the State of Iowa, is hereby adopted by reference.
(Ord. 833 – Mar. 05 Supp.)

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CHAPTER 155 UNIFORM CONSTRUCTION CODES
155.05 UNIFORM ELECTRICAL CODE. Chapters 1 through 9 of the

National Electrical Code, 1999 Edition, as published by the National Fire
Protection Association, Batterymarch Park, Quincy, Massachusetts, 02269, is
hereby adopted by reference.
155.06 UNIFORM MECHANICAL CODE. Chapters 1 though 16, and

Appendixes A, B, C and D of the Uniform Mechanical Code, 1997 Edition, as
published by the International Conference of Building Officials, 5360 South
Workman Mill Road, Whittier, California, 90601-2298, is hereby adopted by
reference. Division III, Section 661-16.300 (103A) of the Iowa State Building
Code Administrative Rules dated March 3, 1999, is hereby adopted by
reference.
155.07 UNIFORM PLUMBING CODE. Chapters 1 through 14, and

Appendixes A through J of the Uniform Plumbing Code, 1999 Edition, as
published by the International Association of Plumbing and Mechanical
Officials, 20001 South Walnut Drive, Walnut, California, 91789-2825, is
hereby adopted by reference. Division IV of the Iowa State Building Code
Administrative Rules dated March 3, 1999, Chapters 1 through 13, is hereby
adopted by reference.
155.08 FACTORY BUILT STRUCTURES. Division VI, Sections 661-

16.600 (103A) through 661-16.629 (103A) of the Iowa State Building Code
Administrative Rules dated March 3, 1999, is hereby adopted by reference as
standards and regulation for factory built structures.
155.09 ACCESSIBILITY FOR PERSONS WITH DISABILITIES.

Division VII, Sections 661-16.700(103A) through 661-16.706(103A) of the
Iowa State Building Code Administrative Rules dated March 3, 1999, is hereby
adopted by reference as standards and regulations for the accessibility of
persons with disabilities in public buildings.
155.10 THERMAL AND LIGHTING EFFICIENCY STANDARDS.

Division VIII, Section 661-16.800 (103A) of the Iowa State Building Code
Administrative Rules dated March 3, 1999, is hereby adopted by reference as
standards and regulations for thermal and lighting efficiency.
155.11 VIOLATIONS UNDER PRIOR CODE. Any building or structure

in violation of predecessor Perry Construction Codes remains in violation
unless the successor construction codes eliminate the violation by a change of
standards or rules.

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155.12 NO WHOLESALE ADOPTION OF THE STATE BUILDING

CODE. Although the Perry Uniform Construction Code contains several
sections of the Iowa State Building Code Administrative Rules dated March 3,
1999, there is no intention of wholesale adopting of the State Building Code
within the meaning of Section 103A.12 of the Code of Iowa.
155.13 MUNICIPAL INFRACTION. Any person, whether acting alone or

in concert with any others, who violates this chapter shall be guilty of a
municipal infraction and shall be penalized as set forth in Chapter 4 of this
Code of Ordinances.
155.14 POWERS AND DUTIES OF BUILDING OFFICIAL. The

Building Official for the City is responsible for the enforcement of this chapter.
1. General Powers. The Building Official is hereby authorized and
directed to enforce all the provisions of this code. For such purposes, the
Building Official shall have the powers of a law enforcement officer.
2. Designees. In accordance with prescribed procedures and with
the approval of the appointing authority, the Building Official may
appoint such number of technical officers and inspectors and other
employees as shall be authorized from time to time. The Building
Official may designate such inspectors or employees as may be
necessary to carry out the functions of the code enforcement agency.
3. Right of Entry. When it is necessary to make an inspection to
enforce the provisions of this code, or when the Building Official or
designee has reasonable cause to believe that there exists in a building or
upon a premises a condition which is contrary to or in violation of this
code which makes the building or premises unsafe, dangerous or
hazardous, the Building Official may enter the building or premises at
reasonable times to inspect or to perform the duties imposed by this
code, provided that if such building or premises is occupied that
credentials be presented to the occupant and entry requested. If such
building or premises is unoccupied, the Building Official shall first make
a reasonable effort to locate the owner or other person having charge or
control of the building or premises and request entry. If entry is refused,
the Building Official shall have recourse to the remedies provided by
law to secure entry.
4. Stop Orders. Whenever any work is being done contrary to the
provisions of this code, or other pertinent laws or ordinances
implemented through the enforcement of this code, the Building Official
or designee may order the work stopped by notice in writing served on

- 853 -
any persons engaged in the doing or causing such work to be done, and
any such persons shall forthwith stop such work to be done, and any
such persons shall forthwith stop such work until authorized by the
Building Official to proceed with the work.
5. Liability. The Building Official or designee charged with the
enforcement of this code, acting in good faith and without malice in the
discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered personally liable for damages
that may accrue to persons or property as a result of an act or by reason
of an act or omission in the discharge of such duties. A suit brought
against the Building Official or designee because of such act or omission
performed by the Building Official or designee in the enforcement of
any provision of such codes or other pertinent laws or ordinances
implemented through the enforcement of this code or enforced by the
code enforcement agency shall be defended by this jurisdiction until
final termination of such proceedings, and any judgment resulting
therefrom shall be assumed by this jurisdiction. This code shall not be
construed to relieve from or lessen the responsibility of any person
owning, operating or controlling any building or structure for any
damage to persons or property caused by defects, nor shall the code
enforcement agency or its parent jurisdiction be held as assuming any
such liability by reason of the inspection authorized by this code or any
permits or certificates issued under this code.
155.15 CONTRACTOR REGISTRATION AND INSURANCE

REQUIREMENTS. Contractors are required to register with the City on
forms provided by the Building Official. There is a one-time fee for
registration set by resolution of the Council. Contractors are defined as
individuals or entities whose primary source of income is derived through the
trades of building construction, remodel and/or demolition contractors. All
contractors shall have and maintain commercial general liability insurance in an
amount required by their insurance carrier. Contractors shall annually provide
to the City a certificate of applicable insurance. (Ord. 837 – May 06 Supp.)

- 854 -
CHAPTER 156
RENTAL CODE
156.01 Purpose 156.06 Order to Correct, Repair and Comply
156.02 Scope 156.07 Failure to Correct, Repair and Comply
156.03 Definitions 156.08 Emergency Orders
156.04 Inspections 156.09 Violation
156.05 Minimum Standards for Rental Units
156.01 PURPOSE. The purpose of this chapter is to protect and promote the
health, safety and welfare of those persons renting residential property as well
as the general public. This will be accomplished by establishing reasonable
minimum requirements for rental property within the City limits.
156.02 SCOPE. The provisions of this chapter apply to all residential rental
property within the City limits, used or intended to be used for human
occupancy.
156.03 DEFINITIONS. The following definitions apply to the interpretation

and enforcement of this chapter:
1. “Acceptable” or “approved” means substantial compliance with
the provisions of this chapter.
2. “Accessory structure” means a detached structure which is not
used or intended to be used for living or sleeping by human occupants.
3. “Basement” means a story having a part but not more than one-
half (½) of its height below grade, which may or may not be considered
habitable space.
4. “Cellar” means a story having more than one-half (½) of its
height below grade. Cellar means a space below the first or main floor
used or intended to be used for storage or a location for heating
equipment and is not considered habitable space.
5. “Dwelling” means any building, structure or mobile home, except
temporary housing, which is wholly or partly used or intended to be used
for living or sleeping by human occupants and includes any
appurtenances attached thereto.
6. “Dwelling unit” means any building or portion thereof which is
designed or used exclusively for residential purposes, but not including a
tent, cabin, trailer or mobile home.

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CHAPTER 156 RENTAL CODE
7. “Egress” means an arrangement of exit routes to provide a means

of exit from buildings and/or premises.
8. “Extermination” means the control and elimination of insects,
rodents or other pests by eliminating their harboring places; by removing
or making inaccessible materials that may serve as their food; by
poisoning, spraying, fumigating, trapping or by any other recognized and
legal pest elimination method approved by the Compliance Officer.
9. “Garbage” means the animal or vegetable waste resulting from
the handling, preparation, cooking and consumption of food and also
means combustible waste material. Garbage also includes paper, rags,
cartons, boxes, wood, excelsior, rubber, ether and other combustible
materials.
10. “Habitable room” means a room or enclosed floor space within a
dwelling unit used or intended to be used for living, sleeping, cooking or
eating purposes, excluding bathrooms, toilet rooms, pantries, laundries,
foyers, communicating corridors, closets, storage spaces, stairways and
cellars.
11. “Infestation” means the presence within or around a dwelling of
any insects, rodents or other pests in such quantities as would be
considered unsanitary.
12. “Kitchen” means a habitable room used or intended to be used for
cooking or the preparation of meals.
13. “Kitchen sink” means a basin for washing utensils used for
cooking, eating and drinking, located in a kitchen and connected to both
hot and cold water lines and properly connected to a drainage system.
14. “Lavatory” means a hand washing basin which is connected to
both hot and cold water lines and properly connected to a drainage
system which is separate and distinct from a kitchen sink.
15. “Mobile home” means any vehicle without motive power used or
so manufactured or constructed as to permit its being used as a
conveyance upon the public streets and highways and so designed,
constructed or reconstructed as will permit the vehicle to be used as a
place for human habitation by one or more persons.
16. “Occupant” means any person, including owner or operator,
living in, sleeping in, and/or cooking in or having actual possession of a
dwelling unit.

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17. “Owner” means any person who has custody and/or control of
any dwelling or dwelling unit by virtue of a contractual interest in or
legal or equitable title to the dwelling or dwelling unit. Owner also
means any person who has custody and/or control of any dwelling or
dwelling unit as a guardian.
18. “Placard” means a display document showing that the unit for
which it is issued has been determined to be unfit for human habitation.
19. “Plumbing” means and includes any and all of the following
supplied facilities and equipment: water pipes; garbage disposal units;
waste pipes; toilets; sinks; lavatories; bathtubs; shower baths; water
heating devices; catch basins; drains; vents and any other similar
supplied fixtures, together with all connections to water and sewer lines.
20. “Privacy” means the existence of conditions which will permit a
person or persons to carry out an activity commenced without
interruption or interference by unwanted persons.
21. “Temporary housing” means any tent, trailer, motor home or
other structure used for human shelter which is designed to be
transportable and which is not attached to the ground, to other structures
or to any utility system on the same premises for more than thirty (30)
days.
22. “Toilet” means a water closet with a bowl and trap made in one
piece, which is of such shape and form and which holds a sufficient
quantity of water so that no fecal matter will collect on the surface of the
bowl and which is equipped with a flushing rim or flushing rims.
156.04 INSPECTIONS. The Compliance Officer is authorized to administer

and enforce the provisions of this chapter and to make inspections to determine
the condition of all residential rental properties within the City. This will
enable the Compliance Officer to perform the duty of safeguarding the health,
safety and welfare of said occupants and the general public.
156.05 MINIMUM STANDARDS FOR RENTAL UNITS.

1. Every dwelling unit shall have a kitchen room or kitchenette
equipped with a working and functioning kitchen sink, containing space
capable of properly accommodating a refrigerator and a stove or range
with proper access terminals to utilities necessary to operate a
refrigerator and a stove or range, and shall include adequate space for the
storage and preparation of food.

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2. Every dwelling unit shall contain the following working and

functioning facilities:
A. Toilet.
B. Bathtub or shower.
C. Lavatory basin within or adjacent to the room containing
the toilet.
3. Every dwelling unit shall be served by a properly working and
functioning water heater. Said water heater shall be capable of heating
water to a temperature of 100 degrees Fahrenheit so as to permit an
adequate amount of water to be drawn at every kitchen sink, lavatory
basin and bathtub or shower in the dwelling unit.
4. Every kitchen sink, toilet, lavatory basin and bathtub or shower
shall be properly connected to the City water and sewer systems.
5. Every dwelling unit shall have access directly to the outside or to
a public corridor.
6. Every dwelling unit shall have at least one (1) operable window
or exterior door approved for emergency egress or rescue, in addition to
the main outside access door. Said windows or exterior door shall be
operable from the inside to provide a full, clear opening without the use
of separate tools.
7. Every dwelling unit shall have heating facilities which are
properly installed and are capable of safely and adequately heating all
habitable rooms, bathrooms and toilet rooms located therein, to a
temperature of at least 68 degrees Fahrenheit.
8. Every habitable room shall contain at least two (2) separate floor
or wall type electrical double convenience outlets which shall be situated
a distance apart equivalent to at least twenty-five percent (25%) of the
perimeter of the room. Every such outlet and fixture shall be properly
and safely installed. Every habitable room, toilet room, laundry room,
furnace room, basement and cellar shall contain at least one (1) supplied
ceiling or wall type electric light fixture or switch outlet. Every such
outlet and fixture shall be properly and safely installed. Temporary
wiring or extension cords shall not be used as permanent wiring.
9. In the case of a mobile home, the home shall be securely anchored
by a tie-down device which distributes and transfers the load posed by
the unit to appropriate ground anchors so as to resist wind overturning
and sliding.

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10. Each rental dwelling unit shall have a 2½-pound type “ABC” fire
extinguisher or have access to a fire extinguisher within seventy-five
(75) feet of any unit, which is approved by the Compliance Officer. Fire
extinguishers shall be properly hung in an area of easy access.
11. All dwelling units shall be provided with properly working smoke
detectors as approved by the Compliance Officer. The detector shall be
mounted on the ceiling or wall at a point centrally located in the corridor
or area giving access to rooms used for sleeping purposes. Smoke
detectors installed in areas where sleeping rooms are on an upper level
shall be located above the stairway. All detectors shall be located
according to the manufacturer’s directions. Care shall be exercised to
ensure that the installation will not interfere with the operating
characteristics of the detector. When actuated, the detector shall provide
an alarm for the dwelling unit.
12. Every foundation, roof, floor, wall, ceiling, stair, step, elevator,
handrail, guardrail, porch, sidewalk and appurtenances thereto shall be
maintained in safe and sound condition and shall be capable of
supporting the loads that normal use may cause to be placed thereon.
Every door, door hinge, door latch and door lock shall be maintained in
good and functional condition and every door, when closed, shall fit
reasonably well within its frame. Every window, existing storm
window, window screen, window latch, window lock and other aperture
covering, including its hardware, shall be maintained in good and
functional condition and shall fit reasonably well within its frame. Every
interior partition, wall, floor, ceiling and other interior surface shall be
maintained so as to permit it to be kept in clean and sanitary condition
and where appropriate shall be capable of affording privacy.
13. All eaves, downspouts and other roof drainage equipment on the
premises shall be maintained in a good state of repair and installed so as
to direct rainwater away from the structure.
14. Every chimney and every supplied smoke pipe shall be
adequately supported, reasonably clean and maintained in a reasonably
good state of repair.
15. Every means of egress shall be maintained in good condition and
shall be free of obstruction at all times.
16. The electrical system of every dwelling or accessory structure
shall not by reason of overloading, dilapidation, lack of insulation,
improper fusing or for any other cause expose the occupants to hazards
of electrical shock or fire, and every electrical outlet, switch and fixture
shall be maintained in good and safe working condition. The owner or

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operator shall supply properly sized fuses or equivalent at the beginning

of each tenant’s occupancy.
17. Every supplied plumbing fixture and water and waste pipe shall
be maintained in good and sanitary working condition.
18. Whenever infestation is caused by the failure of the owner to
maintain a dwelling in a reasonably rodent-proof or reasonably insect-
proof condition, extermination shall be the responsibility of the owner.
19. No owner shall permit occupancy of the vacant dwelling unit
unless it is clean, sanitary and fit for human occupancy.
20. Every owner of a dwelling shall supply adequate facilities for the
disposal of garbage which are weather-tight, watertight, rodent proof and
insect proof.
156.06 ORDER TO CORRECT, REPAIR AND COMPLY.

1. Whenever the Compliance Officer determines that the premises
has one (1) or more violations of this chapter, the Compliance Officer
shall give the owner or operator written notice explaining each and every
violation. Such notice may require corrections, repairs and/or
compliance with standards to be completed by the owner or the tenant or
both.
2. The owner and/or in some cases the tenant has seven (7) days to
repair, correct and comply with the requirements of this chapter.
3. Failure to comply with the notice to repair, correct and comply
will result in a civil infraction with citation issued. Such failure will also
result in an order to vacate the premises if deemed necessary by the
Compliance Officer.
156.07 FAILURE TO CORRECT, REPAIR AND COMPLY. Whenever

an owner or tenant fails to comply with the Compliance Officer’s notice to
correct, repair and comply, the Compliance Officer shall, if deemed necessary,
order the premises vacated. This denial order shall be personally served upon
the owner and tenant or mailed to them by certified mail, restricted delivery,
with return receipt requested. The denial or revocation order shall be effective
seven (7) days after receipt of the notice by the owner and tenant.
156.08 EMERGENCY ORDERS. Whenever the Compliance Officer, in

the enforcement of this chapter, finds in or about a dwelling conditions that
pose an immediate and serious threat to the health, welfare or safety of the
occupants or the general public, the Compliance Officer shall give to the owner
and occupants of the premises a written order to vacate. This order shall be

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served personally upon the owner and tenant or by certified mail, restricted
delivery, with return receipt requested to the owner and tenant. This notice
shall explain each and every violation of this chapter that exists. The
Compliance Officer shall post upon the dwelling a placard designating the
dwelling has been determined unfit for human habitation. No dwelling which
has been placarded shall be again used for human habitation until written
approval is secured from the Compliance Officer and such placard has been
removed by the Compliance Officer. The Compliance Officer shall remove
such placard whenever the violation upon which the placarding act was based
has been eliminated.
156.09 VIOLATION. Any violation of or failure to comply with the

provisions of this chapter shall be a violation of this Code of Ordinances. Each
violation of or failure to comply with the provisions of this chapter shall be
deemed a separate offense.

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CHAPTER 157
COMMUNICATION TOWERS AND ANTENNAS

157.01 Purpose and General Policy 157.08 Application Process
157.02 Definitions 157.09 Noise and Emission Standards
157.03 Local Regulation and Compliance with the 157.10 Placement of Facilities and Related Lease Fees
Telecommunications Act of 1996 157.11 Abandonment
157.04 Lease Required 157.12 Termination
157.05 Fee Required 157.13 Home Rule
157.06 Limit on Term 157.14 New Technologies
157.07 Priorities and Placement Requirements
157.01 PURPOSE AND GENERAL POLICY. The Council finds that in

order to ensure public safety and provide efficient delivery of services by the
City and others wishing to utilize wireless communication technologies, in
order to protect public and private investments, ensure the health, safety and
welfare of the population, to provide for the regulation and administration of
the orderly location of antenna arrays and towers and to secure the rights of the
City to a return on its investment on public property, it is necessary for the City
to establish uniform rules and policies. This chapter is to be interpreted in light
of these findings for the benefit of the citizens of the City.
defined:
1. “Antenna” means a device, dish or array used to transmit or
receive telecommunications signals.
2. “Communications tower” means a tower, pole, or similar
structure which supports a telecommunications antenna operated for
commercial purposes above ground in a fixed location, free standing,
guyed or on a building.
3. “Height” of a communications tower is the distance from the base
of the tower to the top of the structure.
4. “Telecommunications” means the transmission, between or
among points specified by the user, of information of the user’s
choosing, without change in the form or content of the information as
sent and received.
157.03 LOCAL REGULATION AND COMPLIANCE WITH THE

TELECOMMUNICATIONS ACT OF 1996. The Telecommunications Act
of 1996 prohibits the City from establishing policies that discriminate against
one or a group of providers in favor of another or another group of providers or

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CHAPTER 157 COMMUNICATION TOWERS AND ANTENNAS
potential providers. The following objectives shall be applied consistently to

all telecommunications providers that request a location on City property for
their communications towers and antennas.
1. To minimize the overall number of towers located in the City,
providers may be required to participate in collocation agreements.
2. To ensure that new towers will be safe and blend into their
environment, providers will propose designs consistent with site
characteristics.
3. To minimize placement of wireless equipment in highly
populated areas, residential locations will be considered as a last resort.
4. To assure revenues from site leases of City-owned and City-
controlled land and structures reflect fair compensation for use of City
property and administration of this chapter.
157.04 LEASE REQUIRED. No person or other entity shall use any public
property without first obtaining a lease from the City.
157.05 FEE REQUIRED. No lease for the use of public property shall be
granted without requiring the lessee thereof to pay a reasonable and
competitively neutral fee for the use of that public property.
157.06 LIMIT ON TERM. No lease for the use of public property shall be
granted for a term of more than 25 years.
157.07 PRIORITIES AND PLACEMENT REQUIREMENTS.

1. Priority. Priority of the use of City-owned land for
communications antennas and towers will be given to the following
entities in descending order of priority:
A. All functions of the City.
B. Public safety agencies that are not a part of the City,
including law enforcement, fire and ambulance services, and
private entities with a public safety agreement with the City.
C. Other governmental agencies for uses which are not related
to public safety.
D. Entities providing licensed commercial communications
services, including cellular, personal communications services
(PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging and similar services that are
marketed to the general public for business and/or personal use.

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2. Placement. The placement of communications antennas or towers

on City-owned property must comply with the following requirements:
A. The antenna or tower will not interfere with the purpose
for which the City-owned property is intended.
B. The antenna or tower will have no adverse impact on
surrounding private property.
C. The applicant will produce proof of adequate liability
insurance for potential damage antennas or towers could
reasonably cause to City property and facilities and commit to a
lease agreement which includes equitable compensation for the
use of public land and other necessary provisions and safeguards.
The fee shall be established by the Council (Section 157.10) and
shall reflect potential expenses and risks to the City and other
appropriate factors.
D. The applicant will submit a letter of credit, performance
bond, or other security acceptable to the City to cover the cost of
antenna or tower removal.
E. The antennas or towers will not interfere with other uses
which have a higher priority as discussed in the paragraphs above.
F. Upon reasonable notice, the antennas or towers may be
required to be removed at the user’s expense.
G. The applicant must reimburse the City for any costs which
it incurs because of the presence of the applicant’s antenna or
tower.
H. The user must obtain all necessary land use approval.
I. The applicant will cooperate with the City’s objective to
promote collocations and thus limit the number of separate
antenna sites requested.
157.08 APPLICATION PROCESS.

1. All applicants who wish to locate a communications antenna or
tower on City-owned or private property must submit to the City
Administrator a completed application accompanied by a fee of one
hundred dollars ($100.00) and the following documents, if applicable:
A. One copy of typical specifications for proposed structures
and antennas, including description of design characteristics and
material.

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B. A site plan drawn to scale showing property lines, tower

location, tower height, guy wires and anchors, existing structures,
photographs or elevation drawings depicting typical design of
proposed structures, parking, fences, landscape plan, and existing
land uses on adjacent property. A site plan is not required if the
antenna is to be mounted on an approved existing structure.
C. A current map or update for an existing map on file
showing locations of applicant’s antennas, facilities, existing
towers and proposed towers which are reflected in public records,
serving any property within the City.
D. A report from a structural engineer showing the tower
antenna capacity by type and number, and a certification that the
tower is designed to withstand winds in accordance with
ANS/EIA/TIA 222, latest revision, standards.
E. Identification of the owners of all antennas and equipment
to be located on the site.
F. Written authorization from the site owner for the
application.
G. Evidence that a valid FCC license for the proposed activity
has been issued.
H. A line of sight analysis showing the potential visual and
aesthetic impacts on adjacent residential districts.
I. A written agreement to remove the tower and/or antenna
within 180 days after cessation of use.
J. Additional information, as required, to determine that all
applicable zoning regulations are met.
K. Any communications facilities located on the roof of an
antenna support structure must be set back at least one foot from
the edge of the roof of the structure. This set back requirement
shall not apply to (1) communications facilities located above the
roof of the structure if the facilities are appropriately screened
from view through the use of panels, walls, fences or other
screening techniques approved by the City, or (2) camouflage
antennas that are mounted to the exterior of the antenna support
structures below the roof, but do not protrude more than 24 inches
from the side of such an antenna support structure.
2. Applicant must also show evidence that all of the following
conditions which are applicable are met:

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A. Applicant must show that the proposed communications

tower, antenna or accessory structure will be placed in a
reasonably available location that will minimize the visual impact
on the surrounding area and allow the facility to function in
accordance with minimum standards imposed by applicable
communications regulations and applicant’s technical design
requirements.
B. Applicant must show that a proposed antenna and
equipment cannot be accommodated and function as required by
applicable regulations and applicant’s technical design
requirement without unreasonable modifications on any existing
structure or tower under the control of the applicant.
C. Applicant for a permit in a residential district must show
that the area cannot be adequately served by a facility placed in a
nonresidential district for valid technical reasons.
D. Prior to consideration of a permit for location on private
property which must be acquired, applicant must show that
available publicly owned sites, and available privately owned
sites occupied by a compatible use, are unsuitable for operation of
the facility under applicable communications regulations and
applicant’s technical design requirements.
E. Applicant must provide the names, addresses and
telephone numbers of all owners of other towers or useable
antenna support structures within a one-half mile radius of the
proposed new tower site, including City-owned property, and
written documentation that the applicant (1) made diligent but
unsuccessful efforts for a minimum of forty (40) days prior to the
submission of the application to install or collocate the applicant’s
telecommunications facilities on towers or useable antenna
support structures owned by the City and other persons located
within a one-half mile radius of the proposed tower site, or (2)
written technical evidence from an engineer that the proposed
tower or facilities cannot be installed or collocated on another
person’s tower or support structure within a one-half mile radius
of the proposed tower and must be located at the proposed site in
order to meet the coverage requirements of the applicant’s
wireless communications system.
F. Applicants must show that a new tower is designed to
accommodate additional antenna equal in number to applicant’s
present and future requirements.

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G. Applicant must show that all applicable health, nuisance,

noise, fire, building and safety code requirements are met.
H. All towers and communications facilities shall be of
camouflage design standards. Examples of camouflage facilities
include, but are not limited to, architecturally screened roof, roof-
mounted antennas, antennas integrated into architectural
elements, telecommunications towers designed to blend into the
surrounding environment or to look other than a tower, such as
light poles, power poles and trees. At a minimum, all towers not
requiring FAA painting or markings shall have an exterior finish
which is galvanized or painted dull blue, gray or black.
I. Applicant must show by certificate from a registered
engineer that the proposed facility will contain only equipment
meeting FCC rules, and must file with the Clerk a written
indemnification of the municipality and proof of liability
insurance or financial ability to respond to claims up to
$1,000,000.00 in the aggregate which may arise from operation of
the facility during its life, at no cost to the municipality, in form
approved by the City Attorney.
J. Land use regulations, visibility, fencing, screening,
landscaping, parking access, lot size, exterior illumination, sign,
storage, and all other general zoning district regulations except
setback and height, shall apply to the use. Setbacks on all sides
shall be a distance equal to the height of the tower. The following
height conditions apply:
Residential (RS, RD, RM, MH) - Free-standing tower with
height not exceeding 100 feet is a permitted conditional
use; height exceeding 100 feet requires special exception.
Commercial (AC, BC) - Free-standing or guyed tower with
Industrial (LI, HI) - Free-standing or guyed tower with
Other (AG) - Free-standing or guyed tower with height not
exceeding 500 feet is a permitted conditional use; height
exceeding 500 feet requires special exception.
K. A tower must be a minimum distance equal to one and
one-half the height of the tower from property designated historic

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or architecturally significant, and must be set back from all lot

lines distances equal to the district setback requirements or 25%
of the tower height, whichever is greater.
All responses to applications for siting of telecommunications towers
and facilities shall be in writing and shall be made within thirty (30) days
after all application materials are received.
157.09 NOISE AND EMISSION STANDARDS.

1. Noise. No equipment shall be operated at towers and
telecommunications facilities so as to produce noise in excess of
applicable noise standards under WAC 173-60, except during
emergencies or periodic routine maintenance which requires the use of a
back-up generator, where the noise standards may be exceeded
temporarily.
2. Emissions. The Federal Telecommunications Act of 1996 gives
the FCC sole jurisdiction to regulate radio frequency emissions.
Facilities that meet the FCC standards shall not be conditioned or denied
on the basis of emissions impacts. Applicants for tower sites shall be
required to provide information on the projected power density of the
facility and how this meets the FCC standards.
157.10 PLACEMENT OF FACILITIES AND RELATED LEASE FEES.

The placement and maintenance of communications antennas or towers on
City-owned sites, such as water towers and parks, will be allowed when the
following additional requirements are met.
1. Water Tower or Reservoir Sites. The City’s water tower and
reservoir represent a large public investment in water pressure
stabilization and peak capacity reserves. Therefore, its protection is of
prime importance. As access to the City’s water storage system
increases, so does the potential for contamination of the public water
supply. For these reasons, the placement of communications towers or
antennas on water towers or reservoir sites will be allowed only when
the following requirements are met:
A. The applicant must have written approval from the Public
Works Director each time access to the facility is desired. This
will minimize the risk of contamination to the water supply.
B. There is sufficient room on the structure and/or the
grounds to accommodate the applicant’s facility.
C. The presence of the facility will not increase the water
tower or reservoir maintenance cost to the City.

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D. The presence of the facility will not be harmful to the

health or safety of the workers maintaining the water tower or
reservoir.
The fees assessed for placing facilities on a City water tower shall be
determined by the Water Board of Trustees.
2. Parks. The presence of certain communications antennas or
towers represents a potential conflict with the purpose of certain City-
owned parks and recreational facilities. Towers shall be prohibited in
designated conservation areas. Communications antennas or towers will
be considered only in the following parks after the recommendation of
the Parks and Recreation Advisory Commission and approval of the
Council.
A. Public parks of a sufficient scale and character that are
adjacent to an existing commercial or industrial use.
B. Commercial recreational areas and major ball fields.
C. Park maintenance facilities.
The fee for placing facilities on park property shall be based on market
value for the property and inconvenience to the public.
157.11 ABANDONMENT. In the event the use of any communication

tower has been discontinued for a period of 180 consecutive days, the tower
shall be deemed to be abandoned. Determination of the date of abandonment
shall be made by the City Administrator, who shall have the right to request
documentation and/or affidavits from the communications tower
owner/operator regarding the issue of tower usage. Upon such abandonment,
the owner/operator of the tower shall have an additional 180 days within which
to: (1) reactivate the use of the tower or transfer the tower to another
owner/operator who makes actual use of the tower, or (2) dismantle and remove
the tower. At the earliest, 181 days from the date of abandonment, without
reactivating or upon completion of dismantling and removal, any special
exception and/or variance approval for the tower shall automatically expire.
157.12 TERMINATION. The Council may terminate any lease if it is

determined that any one of the following conditions exist.
1. A potential user with a higher priority cannot find another
adequate location and the potential use would be incompatible with the
existing use.

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2. A user’s frequency broadcast unreasonably interferes with other

users of higher priority, regardless of whether or not this interference
was adequately predicted in the technical analysis.
3. A user violates any of the standards in this chapter or the
conditions attached to the City’s lease agreement.
Before taking action, the City will provide notice to the user of the intended
termination and the reasons for it, and provide an opportunity for a hearing
before the Council regarding the proposed action. This procedure need not be
followed in emergency situations.
157.13 HOME RULE. This chapter is intended to be and shall be construed

as consistent with the reservation of local authority contained in the 25th
Amendment to the Iowa Constitution granting cities Home Rule powers. To
such end, any limitation on the power of the City contained herein is to be
strictly construed and the City reserves to itself the right to exercise all power
and authority to regulate and control its local affairs and all ordinances and
regulations of the City shall be enforced against the holders of any lease.
157.14 NEW TECHNOLOGIES. Should, within the term of any lease,

developments within the field for which the grant was made to the holder of the
lease present the opportunity to the holder of the lease to be more effective,
efficient and economical through the use of a substance or material other than
those for which the lease was originally made, the holder of the lease may
petition the Council which, with such requirements or limitations as it deems
necessary to protect public health, safety and welfare, may allow the use of
such substances under the terms and conditions of the lease.

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CHAPTER 158
LEAD HAZARDS IN DWELLINGS

158.01 Definitions 158.08 Retaliatory Actions
158.02 Scope and Applicability 158.09 Hearings
158.03 Use or Sale of Lead-Based Paint 158.10 Jurisdiction
158.04 Disposal of Lead-Based Paint 158.11 Enforcement
158.05 Inspections 158.12 Injunction
158.06 Refusal of Admittance 158.13 Penalty
158.07 Hazard Reduction 158.14 Variances
158.01 DEFINITIONS. The following words have the following meanings

for the purpose of this chapter:
1. “Accessible,” “impact” or “friction surfaces” include, but are not
limited to, such surfaces as windowsills, doors and door frames,
protruding corners, stair treads and lips, floors, and any other areas
offering accessible, impact or friction surfaces.
A. “Accessible” means any surface at a level or height which
is easily accessible for children to bite, chew, or mouth (e.g.,
windowsills).
B. “Impact” means any surface where hard objects often hit or
run into the surface and cause the paint to be knocked off (e.g.,
protruding corners).
C. “Friction” means any surface where there is any rubbing
movement that creates dust (e.g., floors).
2. “Board of Health” means the (City or County) Board of Health
pursuant to Chapter 137 of the Code of Iowa.
3. “Child-occupied facility” means a building, or portion of a
building, visited by the same child, six years of age or under, for a period
that exceeds six (6) hours within any week (Sunday through Saturday
period). Child-occupied facilities may include, but are not limited to,
day-care centers, preschools and kindergarten classrooms.
4. “Deteriorated lead-based paint” means any lead-based paint that
is loose, chipping, peeling, cracking, flaking, chalking, or otherwise
coming off a surface.
5. “Dwelling” means a building or structure occupied or designed or
intended to be occupied as a place for human habitation and use,
including any accessory building, structure, or yard area belonging
thereto.

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CHAPTER 158 LEAD HAZARDS IN DWELLINGS
6. “Dwelling unit” means any room or group of rooms located

within a dwelling and forming a single habitable unit, with facilities
which are used or intended to be used for any of the following: living,
sleeping, cooking, and/or eating.
7. “EBL (Elevated Blood Lead) child” means any child who has had
one venous blood lead level of ≥ 20 micrograms per deciliter or at least
two venous blood lead levels of 15 to 19 micrograms per deciliter.
8. “Health Department” means the (City or County) Health
Department.
9. “Health Officer” means the Environmental Officer or authorized
representative of the (City or County) Board of Health.
10. “Lead-based paint” means any paint or other surface coating
already applied which contains a quantity of lead equal to or in excess of
1.0 milligrams of lead per square centimeter (1.0 mg/cm) when tested by
a radioisotope X-ray fluorescence analyzer (XRF) or more than five-
tenths of one percent (0.5%) lead by weight.
11. “Lead hazard” means any lead-based paint if:
A. The paint exists in or about a dwelling or other child-
occupied facility in which children under age six (6) commonly
reside or visit, and
B. The paint is determined to be on any accessible, impact or
friction surface or on any other surface where the paint is
determined to be deteriorating in any manner. This also includes
areas of bare soil which contain lead-based paint chips. In
addition, this includes surfaces which contain lead dust that
exceeds the EPA/HUD guidelines (bare floors – 100 milligrams
per square foot; interior window sills – 500 milligrams per square
foot; window wells – 800 milligrams per square foot).
12. “Occupant” means any person living, sleeping, cooking, eating in
or having any actual possession of a dwelling or dwelling unit.
13. “Owner” means any person who, alone or jointly with others: (1)
has legal title to any dwelling, with or without accompanying actual
possession thereof, or (2) has charge, care or control of any dwelling, by
acting as the executor, administrator, trustee or guardian of the estate of
the owner.
14. “Premises” means a lot, plot or parcel of land including all
facilities and improvements thereon.

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158.02 SCOPE AND APPLICABILITY. This chapter shall affect only

those dwellings or dwelling units in which an EBL child resides or commonly
visits. All owners shall comply with the provisions of this chapter and of the
rules, resolutions and orders adopted pursuant to this chapter.
158.03 USE OR SALE OF LEAD-BASED PAINT. No person shall

possess, sell, expose for sale, deliver, or give away any lead-based paint
intended for painting or covering any surface on the interior or exterior of a
residential dwelling.
158.04 DISPOSAL OF LEAD-BASED PAINT.

1. Lead-based paint shall be disposed of in accordance with local,
State and Federal regulations for disposing of hazardous waste.
2. All repair, renovation or remodeling waste which contains lead-
based paint shall be disposed of according to local waste disposal
regulations. No person shall re-use or recycle such waste for residential
purposes.
158.05 INSPECTIONS.
1. The Health Officer and/or Building Official may cause to have
inspected the dwelling or child-occupied facility of an EBL child for
lead hazards. The inspection shall consist of a visual assessment of the
condition of all interior and exterior surfaces and a determination of the
lead content of the paint on these surfaces. The lead content of the paint
shall be determined only through the use of an X-ray fluorescence (XRF)
analyzer or laboratory chemical analysis. Methods such as swabs shall
not be considered an acceptable means of testing of lead-based paint.
Tests which show the presence of lead-based paint on a surface may be
extrapolated to similar surfaces in the same room that would be expected
to be finished with the same type of paint. A determination of the lead
hazards will be made from lead content of the paint and the conditions
observed. The findings of such inspection will be recorded and
documented by the Health Officer.
2. When a lead hazard is found in a dwelling or dwelling unit
inspected pursuant to this section or otherwise, the Health Officer shall
recommend to have examined all children under six (6) years of age,
such other children said officer may find advisable to recommend to be
examined, or other persons residing or who have recently resided or
frequently visit in said dwelling or dwelling unit, for undue lead
exposure. The results of such examination shall be reported to the

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Health Officer, the affected individual, and when applicable, said

individual’s parent or legal guardian.
3. The results of an investigation for lead hazards, including the
presence or absence of lead-based paint which are not considered to be
lead hazards, shall be reported in a written notice, with suggested
remedial or maintenance actions, within one (1) week, to the owner. The
Health Officer shall inform such other persons or agencies as the Health
Officer deems advisable.
158.06 REFUSAL OF ADMITTANCE. In the event the Health Officer, in

proceeding to enter any premises for the purpose of making an inspection to
carry out the provisions of this chapter, is refused entry, a complaint may be
made under oath to any magistrate of the County, who shall issue a warrant to a
peace officer of the County, directing such officer, between the hours of sunrise
and sunset, to accompany the Health Officer, when entering said premises to
make such inspection, and to obtain such samples as may be required to carry
out the provisions of this chapter.
158.07 HAZARD REDUCTION.

1. When the Health Officer determines that a lead hazard is present
in a dwelling or dwelling unit where an EBL child lives, frequently visits
or has recently resided, he/she shall, in accordance with Section
158.05(3), issue a written notice within one (1) week to the owner to
eliminate the hazard with suggested remedial/maintenance actions to be
completed in a time period not to exceed thirty (30) days. However, at
the discretion of the Health Officer, additional time may be granted to
eliminate said hazard. Methods for compliance shall be in accordance
with this section. In the event the dwelling is vacated by the occupant
who occupied same at the time of the issuance of corrective notice
referred to in this section, such dwelling shall not be let or occupied by
any other person until such corrective notice is complied with.
2. The owner of any dwelling or dwelling unit which has been
determined to contain lead hazards shall correct these lead hazards by
methods approved by the Health Officer within the time period allowed
by the Health Officer in a written notice. Failure to correct the lead
hazard(s) within the allotted time period shall result in the appropriate
legal action against the owner for noncompliance, pursuant to Section
158.13.
3. Lead hazards on surfaces other than accessible, impact, or friction
surfaces, shall be corrected through one of the three (3) following
methods:

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A. All areas of deteriorating lead-based paint on both interior

and exterior surfaces and any other appurtenances shall be
entirely removed and the surface(s) shall be properly prepared
before repainting with lead-free paint or refinishing so that the
surface does not begin to deteriorate again. Repainting with lead-
free paint without prior removal of all deteriorating lead-based
paint shall not be considered an approved method of correcting
lead hazards.
B. The interior or exterior surface or appurtenance which has
areas of deteriorating lead-based paint shall be removed from the
dwelling and replaced with a surface free of a lead-based paint.
C. The interior or exterior surface or appurtenance which has
areas of deteriorating lead-based paint shall be covered with a
permanently affixed lead-free covering. The permanently affixed
covering shall be incapable of being readily chewed through, torn
from the surface, pierced or otherwise removed so as to expose
the hazardous surface.
4. Lead hazards on surfaces which are accessible, impact or friction
surfaces shall be corrected through one of the three (3) following
methods:
A. All lead-based paint on both interior and exterior surfaces
and appurtenances which are on accessible, impact or friction
surfaces shall be entirely removed to the substrate. The surface(s)
must be properly prepared and repainted with lead-free paint or
refinished. Repainting with lead-free paint without prior removal
of all lead-based paint down to the substrate shall not be
considered an approved method of correcting lead hazards on
accessible, impact or friction surfaces.
B. The interior or exterior surface or appurtenance, which is
or contains an accessible, impact or friction surface shall be
removed from the dwelling and replaced with a surface or
appurtenance that is finished with a lead-free coating.
C. The interior or exterior surface or appurtenance which is an
accessible, impact or friction surface shall be covered with a
permanently affixed lead-free covering. The permanently affixed
covering shall be incapable of being readily chewed through, torn
from the surface, pierced or otherwise removed so as to expose
the hazardous surface.

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5. The Health Officer shall inspect all areas cited as lead hazards
after remediation is complete and approved them as “lead-safe.” A
written notice shall be issued to all affected parties and retained by the
Health Officer, stating that the property is “lead-safe” and that proper
maintenance must occur to ensure the property remains “lead-safe.”
158.08 RETALIATORY ACTIONS.

1. It is unlawful for the lessor of a dwelling, or his/her employees,
agents or persons acting in his/her behalf, to retaliate against lessees of
dwellings whose occupants have been tested for lead poisoning.
2. It is unlawful for the lessor of a dwelling, or his/her employees,
agents or persons acting in his/her behalf, to prohibit or discourage the
occupants of the dwelling from participating in the lead poisoning
screening program.
3. “Retaliation” includes harassment, termination of the tenancy,
discontinuation of utilities or other services, and any other action taken
against the lessee.
4. “Occupants” includes visitors in the dwelling.
5. An action taken against the tenant shall not be considered
retaliation if:
A. It is supported by reasonable cause unrelated to the
occupant’s participation in the lead poisoning screening program,
OR
B. It is shown to have occurred as a result of accident or
mistake and not the intentional act of the lessor or his/her
employees, agents or persons acting in his/her behalf.
158.09 HEARINGS. In the event any person is aggrieved by any order of

the Health Officer, he/she may, within ten (10) days of the date of such order,
appeal to the Board of Health and in writing state his/her reasons for requesting
such order be rescinded or modified. The Board of Health shall review the
action of the Health Officer and shall modify, withdraw or order compliance
with said order. Appeal from any order of the Board of Health may be taken
within ten (10) days to the District Court.
158.10 JURISDICTION. The provisions of this chapter shall apply

throughout the City.

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158.11 ENFORCEMENT. The Health Officer shall have the duty and
responsibility of enforcing this chapter with the assistance of the Building
Official for the City.
158.12 INJUNCTION. Nothing in this chapter shall be construed to prohibit

the (City or County) Board of Health from injunctive relief or other relief as
allowed by law.
158.13 PENALTY. Any person violating this chapter shall be in violation of

this Code of Ordinances. Each day that a violation of this chapter occurs
constitutes a separate offense. Upon failure of any person to correct a lead
hazard found on his/her property, the Board of Health may direct or cause the
correction of said lead hazards. All expenses incurred thereby may be
recovered by suit in the name of the Board of Health, or the Board of Health
may certify the amount of said expenses, together with a description of the
property, to the County Treasurer who shall enter the same upon the tax books
as costs for removing a lead hazard, and said amounts shall be collected as
other taxes.
158.14 VARIANCES.
1. The Health Officer shall have the authority to determine a surface,
that may otherwise be identified as a lead hazard, lead safe. If the Health
Officer is able to determine a surface (that fits the description of a lead
hazard) is not causing or does not have reasonable potential to cause lead
exposure, the Health Officer may, with written notice, deem that surface
as lead safe. This may be done only after a thorough investigation of the
entire premises is complete, and careful evaluation of the source(s)
identified as the cause or potential cause of lead poisoning are identified.
Detailed documentation of such surfaces shall be included in the final
report of the premises and be provided to the owner, tenant, and Health
Officer.
2. Any surface with deteriorating lead-based paint will not, under
any circumstances, be allowed to be identified as lead safe.

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- 908 -
CHAPTER 160
FLOOD PLAIN REGULATIONS

160.01 Purpose 160.11 Flood Plain Development Permit Required
160.02 Definitions 160.12 Application for Permit
160.03 Lands to Which Chapter Applies 160.13 Action on Application
160.04 Rules for Interpretation of Flood Plain 160.14 Construction and Use to be as Provided in
(Overlay) District Application and Plans
160.05 Compliance 160.15 Variances
160.06 Abrogation and Greater Restrictions 160.16 Factors Upon Which the Decision to Grant Variances
160.07 Interpretation Shall be Based
160.08 Warning and Disclaimer of Liability 160.17 Conditions Attached to Variances
160.09 Flood Plain (Overlay) District Standards 160.18 Nonconforming Uses
160.10 Administration 160.19 Amendments
160.01 PURPOSE. It is the purpose of this chapter to protect and preserve

the rights, privileges and property of the City and its residents and to preserve
and improve the peace, safety, health, welfare and comfort and convenience of
its residents by minimizing flood losses with provisions designed to:
1. Restrict Use. Restrict or prohibit uses which are dangerous to
health, safety, or property in times of flood or which cause excessive
increases in flood heights or velocities.
2. Vulnerable Uses Protected. Require that uses vulnerable to
floods, including public facilities which serve such uses, be protected
against flood damage at the time of initial construction or substantial
improvement.
3. Unsuitable Land Purchases. Protect individuals from buying
lands which may not be suited for intended purposes because of flood
hazard.
4. Flood Insurance. Assure that eligibility is maintained for property
owners in the community to purchase flood insurance through the
National Flood Insurance Program.
160.02 DEFINITIONS. Unless specifically defined below, words or

phrases used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
1. “Base flood” means the flood having one (1) percent chance of
being equaled or exceeded in any given year. (See 100-year flood.)

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CHAPTER 160 FLOOD PLAIN REGULATIONS
2. “Basement” means any enclosed area of a building which has its

floor or lowest level below ground level (subgrade) on all sides. Also
see “lowest floor.”
3. “Development” means any manmade change to improved or
unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation or
drilling operations.
4. “Existing construction” means any structure for which the “start
of construction” commenced before the effective date of the
community’s Flood Insurance Rate Map. May also be referred to as
“existing structure.”
5. “Existing factory-built home park or subdivision” means a
factory-built home park or subdivision for which the construction of
facilities for servicing the lots on which the factory-built homes are to be
affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) was completed before the effective date of the flood
plain management regulations adopted by the community.
6. “Expansion of existing factory-built home park or subdivision”
means the preparation of additional sites by the construction of facilities
for servicing the lots on which the factory-built homes are to be affixed
(including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
7. “Factory-built home” means any structure designed for residential
use which is wholly or in substantial part made, fabricated, formed or
assembled in manufacturing facilities for installation or assembly and
installation on a building site. For the purpose of this chapter, factory-
built homes include mobile homes, manufactured homes and modular
homes and also includes “recreational vehicles” which are placed on a
site for greater than 180 consecutive days and not fully licensed for and
ready for highway use.
8. “Factory-built home park” means a parcel or contiguous parcels
of land divided into two or more factory-built home lots for sale or lease.
9. “Flood” means a general and temporary condition of partial or
complete inundation of normally dry land areas resulting from the
overflow of streams or rivers or from the unusual and rapid runoff of
surface waters from any source.
10. “Flood elevation” means the elevation floodwaters would reach at
a particular site during the occurrence of a specific flood. For instance,

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the 100-year flood elevation is the elevation of floodwaters related to the

occurrence of the 100-year flood.
11. “Flood Insurance Rate Map (FIRM)” means the official map
prepared as part of (but published separately from) the Flood Insurance
Study which delineates both the flood hazard areas and the risk premium
zones applicable to the community.
12. “Flood plain” means any land area susceptible to being inundated
by water as a result of a flood.
13. “Flood plain management” means an overall program of
corrective and preventive measures for reducing flood damages and
promoting the wise use of flood plains, including but not limited to
emergency preparedness plans, flood control works, floodproofing and
flood plain management regulations.
14. “Floodproofing” means any combination of structural and
nonstructural additions, changes, or adjustments to structures, including
utility and sanitary facilities which will reduce or eliminate flood
damage to such structures.
15. “Floodway” means the channel of a river or stream and those
portions of the flood plains adjoining the channel, which are reasonably
required to carry and discharge flood waters or flood flows so that
confinement of flood flows to the floodway area will not cumulatively
increase the water surface elevation of the base flood by more than one
(1) foot.
16. “Floodway fringe” means those portions of the flood plain, other
than the floodway, which can be filled, leveed, or otherwise obstructed
without causing substantially higher flood levels or flow velocities.
17. “Historic structure” means any structure that is:
A. Listed individually in the National Register of Historic
Places, maintained by the Department of Interior, or preliminarily
determined by the Secretary of the Interior as meeting the
requirements for individual listing in the National Register;
B. Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in
states with historic preservation programs which have been
approved by the Secretary of the Interior; or,

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D. Individually listed on a local inventory of historic places in

communities with historic preservation programs that have been
certified by either (i) an approved state program as determined by
the Secretary of the Interior or (ii) directly by the Secretary of the
Interior in states without approved programs.
18. “Lowest floor” means the floor of the lowest enclosed area in a
building including a basement except when all the following criteria are
met:
A. The enclosed area is designed to flood to equalize
hydrostatic pressure during floods with walls or openings that
satisfy the provisions of Section 160.09(4)(A); and
B. The enclosed area is unfinished (not carpeted, drywalled,
etc.) and used solely for low damage potential uses such as
building access, parking or storage; and
C. Machinery and service facilities (e.g., hot water heater,
furnace, electrical service) contained in the enclosed area are
located at least one (1) foot above the 100-year flood level; and
D. The enclosed area is not a “basement” as defined in this
section.
In cases where the lowest enclosed area satisfies criteria A, B, C and D
above, the lowest floor is the floor of the next highest enclosed area that
does not satisfy the criteria above.
19. “New construction” (new buildings, factory-built home parks)
means those structures or development for which the start of
construction commenced on or after the effective date of the Flood
Insurance Rate Map.
20. “New factory-built home park or subdivision” means a factory-
built home park or subdivision for which the construction of facilities for
servicing the lots on which the factory-built homes are to be affixed
(including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of the flood plain management
regulations adopted by the community.
21. “100-Year Flood” means a flood, the magnitude of which has a
one percent (1%) chance of being equaled or exceeded in any given year
or which, on the average, will be equaled or exceeded at least once every
one hundred (100) years.

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22. “Recreational vehicle” means a vehicle which is:

A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at
the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a
light duty truck; and
D. Designed primarily not for use as a permanent dwelling
but as a temporary living quarters for recreational, camping,
travel, or seasonal use.
23. “Special flood hazard area” means the land within a community
subject to the “100-year flood.” This land is identified as Zone A on the
community’s Flood Insurance Rate Map.
24. “Start of construction” includes substantial improvement, and
means the date the development permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement or permanent
construction of a structure on a site, such as pouring of a slab or footings,
the installation of pile, the construction of columns, or any work beyond
the stage of excavation; or the placement of a factory-built home on a
foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory
buildings such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor,
or other structural part of the building, whether or not that alteration
affects the external dimensions of the building.
25. “Structure” means anything constructed or erected on the ground
or attached to the ground, including, but not limited to, buildings,
factories, sheds, cabins, factory-built homes, storage tanks and other
similar uses.
26. “Substantial damage” means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before damage
condition would equal or exceed fifty (50) percent of the market value of
the structure before the damage occurred.

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27. “Substantial improvement” means any improvement to a structure

which satisfies either of the following criteria:
A. Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the
market value of the structure either (i) before the “start of
construction” of the improvement, or (ii) if the structure has been
“substantially damaged” and is being restored, before the damage
occurred. The term does not, however, include any project for
improvement of a structure to comply with existing State or local
health, sanitary, or safety code specifications which are solely
necessary to assure safe conditions for the existing use. The term
also does not include any alteration of an “historic structure,”
provided the alteration will not preclude the structure’s
designation as an “historic structure.”
B. Any addition which increases the original floor area of a
building by twenty-five percent (25%) or more. All additions
constructed after the effective date of the Flood Insurance Rate
Map shall be added to any proposed addition in determining
whether the total increase in original floor space would exceed
twenty-five percent.
28. “Variance” means a grant of relief by a community from the
terms of the flood plain management regulations.
29. “Violation” means the failure of a structure or other development
to be fully compliant with the community’s flood plain management
regulations.
160.03 LANDS TO WHICH CHAPTER APPLIES. The provisions of this

chapter shall apply to all lands within the jurisdiction of the City which are
located within the boundaries of the Flood Plain (Overlay) District. The areas
within the jurisdiction of the City having special flood hazards are hereby
designated as a Flood Plain (Overlay) District and shall be subject to the
standards of the Flood Plain (Overlay) District (as well as those for the
underlying zoning district). The Flood Plain (Overlay) District boundaries are
shown on the Dallas County and Incorporated Areas Flood Insurance Rate Map
(FIRM) City of Perry Panels 050 and 075, dated December 4, 2007.
(Ord. 861 – Oct. 07 Supp.)
160.04 RULES FOR INTERPRETATION OF FLOOD PLAIN

(OVERLAY) DISTRICT. The boundaries of the Flood Plain (Overlay)
District areas shall be determined by scaling distances on the official Flood
Insurance Rate Map. When an interpretation is needed as to the exact location

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of a boundary, the Building Official shall make the necessary interpretation.

The Zoning Board of Adjustment shall hear and decide appeals when it is
alleged that there is an error in any requirement, decision, or determination
made by the Building Official in the enforcement or administration of this
chapter.
160.05 COMPLIANCE. No structure or land shall hereafter be used

and no structure shall be located, extended, converted or structurally altered
without full compliance with the terms of this chapter and other applicable
regulations which apply to uses within the jurisdiction of this chapter.
160.06 ABROGATION AND GREATER RESTRICTIONS. It is

not intended by this chapter to repeal, abrogate or impair any existing
easements, covenants, or deed restrictions. However, where this chapter
imposes greater restrictions, the provision of this chapter shall prevail. Any
ordinances inconsistent with this chapter are hereby repealed to the extent of the
inconsistency only.
160.07 INTERPRETATION. In their interpretation and application, the

provisions of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by State statutes.
160.08 WARNING AND DISCLAIMER OF LIABILITY. The standards

required by this chapter are considered reasonable for regulatory purposes.
This chapter does not imply that areas outside the designated Flood Plain
(Overlay) District will be free from flooding or flood damages. This chapter
shall not create liability on the part of the City or any officer or employee
thereof for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
160.09 FLOOD PLAIN (OVERLAY) DISTRICT STANDARDS. All uses

must be consistent with the need to minimize flood damage and shall meet the
following applicable performance standards. Where 100-year flood data has
not been provided on the Flood Insurance Rate Map, the Department of
Natural Resources shall be contacted to compute such data. The applicant will
be responsible for providing the Department of Natural Resources with
sufficient technical information to make such determination.
1. All development within the Flood Plain (Overlay) District shall:
A. Be consistent with the need to minimize flood damage.
B. Use construction methods and practices that will minimize
flood damage.

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C. Use construction materials and utility equipment that are

resistant to flood damage.
D. Obtain all other necessary permits from Federal, State and
local governmental agencies including approval when required
from the Iowa Department of Natural Resources.
2. Residential buildings. All new or substantially improved
residential structures shall have the lowest floor, including basement,
elevated a minimum of one (1) foot above the 100-year flood level.
Construction shall be upon compacted fill which shall, at all points, be
no lower than one (1) foot above the 100-year flood level and extend at
such elevation at least 18 feet beyond the limits of any structure erected
thereon. Alternate methods of elevating (such as piers) may be allowed,
subject to favorable consideration by the Zoning Board of Adjustment,
where existing topography, street grades, or other factors preclude
elevating by fill. In such cases, the methods used must be adequate to
support the structure as well as withstand the various forces and hazards
associated with flooding. All new residential structures shall be
provided with a means of access which will be passable by wheeled
vehicles during the 100-year flood.
3. Nonresidential buildings. All new or substantially improved
nonresidential buildings shall have the lowest floor (including basement)
elevated a minimum of one (1) foot above the 100-year flood level, or
together with attendant utility and sanitary systems, be floodproofed to
such a level. When floodproofing is utilized, a professional engineer
registered in the State shall certify that the floodproofing methods used
are adequate to withstand the flood depths, pressures, velocities, impact
and uplift forces and other factors associated with the 100-year flood;
and that the structure, below the 100-year flood level, is watertight with
walls substantially impermeable to the passage of water. A record of the
certification indicating the specific elevation (in relation to National
Geodetic Vertical Datum) to which any structures are floodproofed shall
be maintained by the Administrator.
4. All new and substantially improved structures:
A. Fully enclosed areas below the “lowest floor” (not
including basements) that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following
minimum criteria:

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(1) A minimum of two openings having a total net area

of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than
one foot above grade.
(3) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
Such areas shall be used solely for parking of vehicles, building
access and low damage potential storage.
B. New and substantially improved structures must be
designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
C. New and substantially improved structures must be
constructed with electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of
flooding.
5. Factory-built Homes.
A. All factory-built homes, including those placed in existing
factory-built home parks or subdivisions, shall be elevated on a
permanent foundation such that the lowest floor of the structure is
a minimum of one (1) foot above the 100-year flood level.
B. All factory-built homes, including those placed in existing
factory-built home parks or subdivisions, shall be anchored to
resist flotation, collapse or lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors.
6. Utility and Sanitary Systems.
A. On-site waste disposal and water supply systems shall be
located or designed to avoid impairment to the system or
contamination from the system during flooding.
B. All new and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into
the system as well as the discharge of effluent into flood waters.

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Wastewater treatment facilities (other than on-site systems) shall

be provided with a level of flood protection equal to or greater
than one (1) foot above the 100-year flood elevation.
C. New or replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters into
the system. Water supply treatment facilities (other than on-site
systems) shall be provided with a level of protection equal to or
greater than one (1) foot above the 100-year flood elevation.
D. Utilities such as gas or electrical systems shall be located
and constructed to minimize or eliminate flood damage to the
system and the risk associated with such flood damaged or
impaired systems.
7. Storage of materials and equipment that are flammable, explosive
or injurious to human, animal or plant life is prohibited unless elevated a
minimum of one (1) foot above the 100-year flood level. Other material
and equipment must either be similarly elevated or (i) not be subject to
major flood damage and be anchored to prevent movement due to flood
waters or (ii) be readily removable from the area within the time
available after flood warning.
8. Flood control structural works such as levees, flood-walls, etc.
shall provide, at a minimum, protection from a 100-year flood with a
minimum of 3 feet of design freeboard and shall provide for adequate
interior drainage. In addition, structural flood control works shall be
approved by the Department of Natural Resources.
9. Watercourse alterations or relocations must be designed to
maintain the flood carrying capacity within the altered or relocated
portion. In addition, such alterations or relocations must be approved by
the Department of Natural Resources.
10. Subdivisions (including factory-built home parks and
subdivisions) shall be consistent with the need to minimize flood
damages and shall have adequate drainage provided to reduce exposure
to flood damage. Development associated with subdivision proposals
(including the installation of public utilities) shall meet the applicable
performance standards of this chapter. Subdivision proposals intended
for residential use shall provide all lots with a means of access which
will be passable by wheeled vehicles during the 100-year flood.
Proposals for subdivisions greater than five (5) acres or fifty (50) lots
(whichever is less) shall include 100-year flood elevation data for those
areas located within the Flood Plain (Overlay) District.

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11. Accessory Structures.

A. Detached garages, sheds, and similar structures accessory
to a residential use are exempt from the 100-year flood elevation
requirements where the following criteria are satisfied:
(1) The structure shall not be used for human
habitation.
(2) The structure shall be designed to have low flood
damage potential.
(3) The structure shall be constructed and placed on the
building site so as to offer minimum resistance to the flow
of floodwaters.
(4) The structure shall be firmly anchored to prevent
flotation which may result in damage to other structures.
(5) The structure’s service facilities such as electrical
and heating equipment shall be elevated or floodproofed to
at least one (1) foot above the 100-year flood level.
B. Exemption from the 100-year flood elevation requirements
for such a structure may result in increased premium rates for
flood insurance coverage of the structure and its contents.
12. Recreational Vehicles.
A. Recreational vehicles are exempt from the requirements of
Section 160.09(5) of this chapter regarding anchoring and
elevation of factory-built homes when the following criteria are
satisfied.
(1) The recreational vehicle shall be located on the site
for less than 180 consecutive days, and
(2) The recreational vehicle must be fully licensed and
ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system and is
attached to the site only by quick disconnect type utilities
and security devices and has no permanently attached
additions.
B. Recreational vehicles that are located on the site for more
than 180 consecutive days or are not ready for highway use must
satisfy requirements of Section 160.09 (5) of this chapter
regarding anchoring and elevation of factory-built homes.

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13. Pipeline river and stream crossings shall be buried in the

streambed and banks, or otherwise sufficiently protected to prevent
rupture due to channel degradation and meandering.
160.10 ADMINISTRATION. The Building Official shall implement and

administer the provisions of this chapter and will herein be referred to as the
Administrator. Duties and responsibilities of the Administrator shall include,
but not necessarily be limited to, the following:
1. Review all flood plain development permit applications to assure
that the provisions of this chapter will be satisfied.
2. Review all flood plain development permit applications to assure
that all necessary permits have been obtained from Federal, State and
local governmental agencies including approval when required from the
Department of Natural Resources for flood plain construction.
3. Record and maintain a record of the elevation (in relation to
National Geodetic Vertical Datum) of the lowest floor (including
basement) of all new or substantially improved structures in the Flood
Plain (Overlay) District.
4. Record and maintain a record of the elevation (in relation to
National Geodetic Vertical Datum) to which all new or substantially
improved structures have been floodproofed.
5. Notify adjacent communities and/or counties and the Department
of Natural Resources prior to any proposed alteration or relocation of a
watercourse and submit evidence of such notifications to the Federal
Emergency Management Agency.
6. Keep a record of all permits, appeals and such other transactions
and correspondence pertaining to the administration of this chapter.
160.11 FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED. A

Flood Plain Development Permit issued by the Administrator shall be secured
prior to any flood plain development (any manmade change to improved and
unimproved real estate, including but not limited to buildings or other
structures, mining, filling, grading, paving, excavation or drilling operations)
including the placement of factory-built homes.
160.12 APPLICATION FOR PERMIT. Application for a Flood Plain

Development Permit shall be made on forms supplied by the Administrator and
shall include the following information:
1. Work To Be Done. Description of the work to be covered by the
permit for which application is to be made.

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2. Location. Description of the land on which the proposed work is

to be done (i.e., lot, block, tract, street address or similar description) that
will readily identify and locate the work to be done.
3. Use or Occupancy. Indication of the use or occupancy for which
the proposed work is intended.
4. Flood Elevation. Elevation of the 100-year flood.
5. Floor Elevation. Elevation (in relation to National Geodetic
Vertical Datum) of the lowest floor (including basement) of buildings or
of the level to which a building is to be floodproofed.
6. Cost of Improvement. For buildings being improved or rebuilt,
the estimated cost of improvements and market value of the building
prior to the improvements.
7. Other. Such other information as the Administrator deems
reasonably necessary (e.g., drawings or a site plan) for the purpose of
this chapter.
160.13 ACTION ON APPLICATION. The Administrator shall, within a

reasonable time, make a determination as to whether the proposed flood plain
development meets the applicable standards of this chapter and shall approve or
disapprove the application. For disapprovals, the applicant shall be informed,
in writing, of the specific reasons therefor. The Administrator shall not issue
permits for variances except as directed by the Zoning Board of Adjustment.
160.14 CONSTRUCTION AND USE TO BE AS PROVIDED IN

APPLICATION AND PLANS. Flood Plain Development Permits, issued on
the basis of approved plans and applications, authorize only the use,
arrangement, and construction set forth in such approved plans and applications
and no other use, arrangement or construction. Any use, arrangement, or
construction at variance with that authorized shall be deemed a violation of this
chapter. The applicant shall be required to submit certification by a
professional engineer or land surveyor, as appropriate, registered in the State,
that the finished fill, building floor elevations, floodproofing, or other flood
protection measures were accomplished in compliance with the provisions of
this chapter, prior to the use or occupancy of any structure.
160.15 VARIANCES. The Zoning Board of Adjustment may authorize upon

request in specific cases such variances from the terms of this chapter that will
not be contrary to the public interest, where owing to special conditions, a
literal enforcement of the provisions of this chapter will result in unnecessary
hardship. Variances granted must meet the following applicable standards:

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1. Cause. Variances shall only be granted upon (i) a showing of

good and sufficient cause, (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of the variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the
public or conflict with existing local codes or ordinances.
2. Required To Afford Relief. Variances shall only be granted upon
a determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
3. Notice To Applicant. In cases where the variance involves a
lower level of flood protection for buildings than what is ordinarily
required by this chapter, the applicant shall be notified in writing over
the signature of the Administrator that (i) the issuance of a variance will
result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and (ii) such construction
increases risks to life and property.
160.16 FACTORS UPON WHICH THE DECISION TO GRANT

VARIANCES SHALL BE BASED. In passing upon applications for
variances, the Zoning Board of Adjustment shall consider all relevant factors
specified in other sections of this chapter and:
1. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
2. The danger that materials may be swept on to other land or
downstream to the injury of others.

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3. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
4. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility
to the City.
6. The requirements of the facility for a flood plain location.
7. The availability of alternative locations not subject to flooding for
the proposed use.
8. The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area.
10. The safety of access to the property in times of flood for ordinary
and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise and sediment
transport of the flood water expected at the site.
12. The cost of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
(sewer, gas, electrical and water systems), facilities, streets and bridges.
13. Such other factors which are relevant to the purpose of this
chapter.
160.17 CONDITIONS ATTACHED TO VARIANCES. Upon

consideration of the factors listed in Section 160.16, the Zoning Board of
Adjustment may attach such conditions to the granting of variances as it deems
necessary to further the purpose of this chapter. Such conditions may include,
but not necessarily be limited to:
1. Modification of waste disposal and water supply facilities.
2. Limitation of periods of use and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modifications, dikes,
levees, and other protective measures, provided such are approved by the
Department of Natural Resources and are deemed the only practical
alternative to achieving the purposes of this chapter.

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5. Floodproofing measures.
160.18 NONCONFORMING USES.

1. A structure or the use of a structure or premises which was lawful
before the passage or amendment of this chapter, but which is not in
conformity with the provisions of this chapter, may be continued subject
to the following conditions:
A. If such use is discontinued for six (6) consecutive months,
any future use of the building premises shall conform to this
chapter.
B. Uses or adjuncts thereof that are or become nuisances shall
not be entitled to continue as nonconforming uses.
2. If any nonconforming use or structure is destroyed by any means,
including flood, it shall not be reconstructed if the cost is more than fifty
(50) percent of the market value of the structure before the damage
occurred, except unless it is reconstructed in conformity with the
provisions of this chapter. This limitation does not include the cost of
any alteration to comply with existing State or local health, sanitary,
building or safety codes or regulations or the cost of any alteration of a
structure listed on the National Register of Historic Places, provided that
the alteration shall not preclude its continued designation.
160.19 AMENDMENTS. The regulations and standards set forth in this

chapter may from time to time be amended, supplemented, changed, or
repealed. No amendment, supplement, change, or modification shall be
undertaken without prior approval from the Department of Natural Resources.

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CHAPTER 161
SAFEGUARDING OF HISTORIC, AESTHETIC

AND CULTURAL HERITAGE
161.01 Purpose and Intent 161.04 Designation of Historic Districts
161.02 Definitions 161.05 Amending and Repealing Historic Landmark and
161.03 Designation of Historic Landmarks Historic District Designations
161.01 PURPOSE AND INTENT. The purpose of this chapter is to:

1. Promote the educational, economic and general welfare of the public
through the recognition, enhancement and perpetuation of sites and districts of
historical and cultural significance.
2. Foster pride in the legacy of beauty and achievement of the past.
3. Enhance the City’s attractions to tourists and visitors and the support
and stimulus to business thereby provided.
4. Promote the use of sites and districts of historic and cultural
significance as places for the education, pleasure and welfare of the people of
the City.
161.02 DEFINITIONS. Where words and phrases used in this chapter have the
following meanings unless the context clearly indicates otherwise:
1. “Abutting property” means any property within one hundred feet of the
subject, or applicant’s property.
2. “Historic district” means a significant concentration, linkage or
continuity of sites, buildings, structures or objects united historically by plan
or physical development. This area must contain contiguous pieces of
property under diverse ownership which meets one or more of the historic
significance criteria and has been officially designated by the City through the
passage of an ordinance.
3. “Historic landmark” is a building, structure, site or object that meets
one or more of the Historic Significance Criteria and has been officially
designated through passage of an ordinance.
4. “Historic Significance Criteria” applies to the quality of significance in
American history, architecture, archeology, engineering, and culture that is
present in districts, sites, buildings, structures, and objects that possess
integrity of location, design, setting, materials, workmanship, feeling, and
association, and:
A. That are associated with events that have made a significant
contribution to the broad patterns of our history;

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CHAPTER 161 SAFEGUARDING OF HISTORIC, AESTHETIC
B. That are associated with the lives of significant persons in the

past;
C. That embody the distinctive characteristics of a type, period, or
method of construction, or that represent the work of a master, or that
possess high artistic values, or that represent a significant and
distinction;
D. That have yielded, or may be likely to yield, information
important in history or prehistory.
5. “Preservation Commission” means the Perry Historic Preservation
Commission, as established by Chapter 27 of the City of Perry Code of
Ordinances, 2001.
161.03 DESIGNATION OF HISTORIC LANDMARKS.

1. A property owner, the Preservation Commission, or an interested party,
agency, or organization may request designation of a historic landmark or
district.
2. Nominations to designate historic districts will be submitted to the
Preservation Commission and must contain the following:
A. A completed Iowa site inventory form with all attachments or
National Register of Historic Places Nomination Form for a listed
property;
B. Photo-documentation of the property at the time of designation;
C. A scale map showing the location of the property within the
City at the time of designation;
D. A scale map of the property showing the proposed boundaries,
extant buildings, structures, objects, and sites within the tract at the
time of designation;
E. Statement of, and documentation that the property meets one or
more of the designation/significance criteria.
3. Nominations must be submitted thirty days in advance of the regularly
scheduled meeting of the Historic Preservation Commission.
4. Nominations must be complete when submitted to the Historic
Preservation Commission; if the nomination is not complete the nomination
will be returned to the applicant.
5. Nominations will be considered at the next meeting of the Historic
Preservation Commission following the submission of the nominations.
6. Nominations will be made available for public review at City Hall.

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7. The City Clerk will notify all owners of abutting properties by mail of
the proposed nomination, the date, time, and location of the Commission
meeting at which the nomination will be considered.
8. The nomination will be sent to the State Historic Preservation Office
for review and comment within twenty-one working days of receipt.
9. The Historic Preservation Commission during their meeting will
determine if the property meets the significance criteria. If the property meets
the criteria, they will recommend designation. If the property does not meet
the criteria, they will not recommend designation.
10. If the Historic Preservation Commission recommends designation, the
Historic Preservation Commission will prepare an ordinance designating the
property as a historic landmark. The ordinance:
A. Will include the legal description of the property;
B. Will specify the applicable significance criteria and provide an
explanation of significance, and;
C. Will contain a statement that the proposed alterations to the
property as described in the nomination on file in the property
inventory will require issuance of a Certificate of Appropriateness
(Chapter 162) before they are initiated.
11. The proposed ordinance will be submitted to the State Preservation
Office for review and comment within twenty-one working days of receipt.
12. The Historic Preservation Commission will submit their
recommendation, the nomination, and the ordinance designating the property
to the Perry City Council.
13. The Perry City Council will consider the nomination, the ordinance, the
recommendations of the Historic Preservation Commission and the State at a
regularly scheduled meeting. If the Perry City Council approves designation,
the designation will be forwarded to the City Clerk for recording and the
designation and nomination will be filed in the City’s property inventory.
161.04 DESIGNATION OF HISTORIC DISTRICTS.

1. A property owner, the Historic Preservation Commission, or an
interested party, agency, or organization may initiate designation of a historic
district.
2. Nominations to designate historic landmarks will be submitted to the
Historic Preservation Commission and must contain the following:
A. Completed Iowa site inventory forms with all attachments or
the National Register Nomination for the listed district;
B. Photo-documentation of the property at the time of designation;

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C. A scale map showing the location of the proposed district

within the City at the time of designation;
D. A scale map of the district showing the proposed boundaries,
extant buildings, structures, objects, and sites within the tract at the
time of designation;
E. Statement of, and documentation that the district meets one or
more of the designation/significance criteria.
3. The Historic Preservation Commission will seek to demonstrate owner
support, which may be in the form of a petition or public testimony at a public
hearing.
4. Nominations must be submitted thirty days in advance of the regularly
scheduled meeting of the Historic Preservation Commission.
5. Nominations must be complete when submitted to the Historic
Preservation Commission; if the nomination is not complete, the nomination
will be returned to the applicant.
6. Nominations will be considered at the next meeting of the Historic
Preservation Commission following the submission of the nomination.
7. Nominations will be made available for public review at City Hall.
8. The City Clerk will notify all property owners within the Historic
District and owners of abutting properties by mail of the proposed nomination,
the date, time, and location of the Historic Preservation Commission meeting
at which the nomination will be considered.
9. The nomination will be sent to the State Historic Preservation office for
review and comment within fifteen working days of receipt.
19. The Historic Preservation Commission, during their meeting, will
determine if the properties meet the significance criteria. If the properties meet
the criteria, they will recommend designation. If the properties do not meet the
criteria, they will not recommend designation.
11. If the Historic Preservation Commission recommends designation, the
Historic Preservation Commission will prepare an ordinance designating the
properties as Historic Districts. The ordinance:
A. Will include the legal description of the property;
B. Will specify the applicable significance criteria and provide an
explanation of significance; and
C. Will contain a statement that proposed alterations to the
property as described in the nomination on file in the property
inventory will require issuance of Certificate of Appropriateness
before they are installed.

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12. The proposed ordinance will be submitted to the State Preservation

Officer for review and comment within fifteen working days of receipt.
13. The Historic Preservation Commission will submit their
recommendation, the nomination, and the ordinance designating the property
to the Planning and Zoning Commission.
14. The Planning and Zoning Commission will review and submit approval
or denial of the ordinance to the City Council.
15. City Council will consider the nomination, the ordinance, the
recommendations of the Planning and Zoning Commission and the State
Preservation Office at a regularly schedule meeting. If the City Council
approves designation, the designation will be forwarded to the City Clerk for
recording and the designation and nomination will be filed in the City’s
property inventory.
161.05 AMENDING AND REPEALING HISTORIC LANDMARK AND

HISTORIC DISTRICT DESIGNATIONS.
1. A property owner, the Historic Preservation Commission, an interested
agency or organization may initiate the amendment or repeal of a historic
landmark or historic district designation by following the process outlined in
this chapter.
2. Amending a historic landmark or district will involve adding buildings,
structures, objects and sites by following the appropriate designation process
outlined in this chapter.
3. A repeal of designation may occur if the historic landmark or historic
district no longer meets the significance criteria due to subsequent discovery of
information on the significance or destruction of the historic property by an
Act of God.
(Ch. 161 – Ord. 864 – Dec. 07 Supp.)

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°°°°°°°°°°

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CHAPTER 162
ESTABLISHMENT OF CERTIFICATE OF
APPROPRIATENESS FOR STRUCTURES
LOCATED IN THE DOWNTOWN PERRY
HISTORICAL/CULTURAL DISTRICT
162.01 Purpose and Intent 162.05 Principles for Review
162.02 Definitions 162.06 Certificate of Appropriateness—Hearings
162.03 Certificate of Appropriateness—Required 162.07 Fees
162.04 Certificate of Appropriateness—Applications

1. Safeguard the City’s historic, aesthetic and cultural heritage by
preserving sites and districts of historical and cultural significance;
2. Foster pride in the legacy of beauty and achievement of the past;
3. Stabilize and improve property values.
1. “Alteration” means any addition or modification of any portion of the
exterior of a building, structure, object, site or site feature that changes the
architectural style, arrangement, texture, or material of the building or feature
or significantly changes the color; if such change, addition, or modification is
visible from the public street, sidewalk, alley, or park.
2. “Certificate of Appropriateness” is issued by the Historic Preservation
Commission and documents their approval or approval with modification, or
proposed alterations to designated historic landmarks or buildings, structures,
sites, and objects within designated historic districts, which are subject to
review.
3. “Demolition” of a building means the act or process of pulling down,
destroying, removing or razing a building or commencing the work of total or
substantial destruction.
4. “Historic Preservation Commission” means the Perry Historic
Preservation Commission, as established by Chapter 27 of the City of Perry
Code of Ordinances, 2001.
162.03 CERTIFICATE OF APPROPRIATENESS — REQUIRED. Within the

City of Perry Historic/Cultural District of Downtown, no person, owner, or other
entity shall carry out or permit to be carried out the erection, movement, demolition,
reconstruction, restoration, renovation, or alteration of structures without first having
applied for and being granted a Certificate of Appropriateness by the City of Perry

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CHAPTER 162 ESTABLISHMENT OF CERTIFICATE OF
Historic Preservation Commission in conjunction with the City of Perry Building

Official for the proposed work under this chapter. This requirement applies to
exteriors only unless interiors are specifically designated.
162.04 CERTIFICATE OF APPROPRIATENESS—APPLICATIONS.

1. An owner or tenant of a designated property seeking to alter an
improvement must apply to the Building Official/Historic Preservation
Commission for a Certificate of Appropriateness on forms prescribed by the
Building Official/Historic Preservation Commission and including all
information that they determine necessary to consider the application.
Required submittal material may include, but is not limited to the following
documentation:
A. Completed application form;
B. Site plan/roof plan;
C. Application relating to all forms of construction, modification,
restoration, or renovation must adhere to the Perry Design Guide;
D. Photographs of the building conditions (existing and historic) if
possible;
E. Product literature and specifications;
F. Materials sample and color samples.
Incomplete applications will not be considered by the Historic Preservation
Commission/Building Official.
2. Applications for a Certificate of Appropriateness shall be filed a
minimum of 14 days before the next regularly scheduled Historic Preservation
meeting at which the application is to be considered.
A. Upon receipt of an application for a Certificate of
Appropriateness, the Historic Preservation Commission staff
representative shall log in the application including the date filed and
shall establish a separate file for each application. This file shall
provide a record of the certificate application and all actions taken by
the Historic Preservation Commission, and any subsequent action or
reports of the Building Official, if appropriate.
B. The staff member shall then place the application on the agenda
for the next regularly scheduled Historic Preservation Commission
meeting and shall notify the applicant of the time, date, and place of
said meeting.
3. The applicant may request to meet with a subcommittee of the Historic
Preservation Commission for a conceptual review of the proposed work,

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particularly relating to new construction or additions, prior to the Historic

Preservation Commission meeting. Any recommendations made by the
subcommittee shall be reported at the formal commission meeting.
4. Upon reviewing the application, the Historic Preservation Commission
may determine that the application be approved as submitted, denied as
submitted, or approved with conditions.
5. If the Historic Preservation Commission approves the application as
submitted, the certificate shall be issued within three working days per plans
submitted and approved or modified by the Historic Preservation Commission
and accepted by the applicant. Conditions of the permit shall be noted on the
permit.
162.05 PRINCIPLES FOR REVIEW.

1. The Historic Preservation Commission shall adhere to the following
principles when reviewing applications for Certificates of Appropriateness.
A. The anticipated use for the property remains that for which it
was originally intended or requires minimal alteration of the building,
structure or site and its environment for the proposed reuse.
B. The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be compromised. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
C. Certain alterations which may have taken place in the course of
time are potentially significant to understanding the history and
development of a building, structure, or site and its environment.
These historic alterations may have acquired significance in their own
right and this significance shall be recognized and respected.
D. Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure, or site shall be
retained.
E. Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary, the
new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair and
replacement of missing architectural features should be based on
accurate duplications of features, substantiated by historic, physical or
pictorial evidence rather than on conjectural designs or the availability
of different architectural elements from other buildings or structures.

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F. Surface cleaning of historic structures shall be undertaken with

methods that will avoid damage to the historic building materials.
G. Contemporary design for alterations and additions shall not be
discouraged when such alterations and additions do not compromise
significant historical, architectural, or cultural materials, and such
design is compatible with the size, scale, color, material, and character
of the property, neighborhood, or environment.
H. Whenever possible, new additions or alterations to the structure
shall be done in such a manner that if such additions or alterations were
to be removed in the future, the essential form and integrity of the
historic structure would be unimpaired.
2. The Historic Preservation Commission shall consider the following site
development and design issues when applicable to reviewing Certificate of
Appropriateness applications.
A. Architectural design;
B. Scale and proportion;
C. Construction materials;
D. Method of construction;
E. Grading;
F. Off-street parking;
G. Landscaping;
H. Signs;
I. Street furniture;
J. Public areas;
K. Relationship of the project to its surroundings.
162.06 CERTIFICATE OF APPROPRIATENESS—HEARINGS.

1. The Historic Preservation Commission shall hold a public hearing on
an Application for a Certificate of Appropriateness within fifteen (15) working
days after the completed application was filed, under the procedures,
prescribed by Section 162.04, “Certificate of Appropriateness—Applications.”
A. The Historic Preservation Commission shall determine whether
the application meets the standards in the Perry Design Guide. Within
thirty days after the hearing date the Historic Preservation Commission
shall adopt written findings and conclusions. The Historic Preservation
Commission shall either recommend that the application be approved
as submitted, denied as submitted, or approved, with conditions.

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2. At least ten days before the hearing date, the City shall post the
application on the property to indicate that a Certificate of Appropriateness has
been requested. The Building Official’s staff shall send notice to the recorded
owners of all property that is the subject of the application, to abutting
properties, and to the chair of the Historic Preservation Commission.
3. An appeal shall be heard by the Historic Preservation Appeals Board
within a timely fashion after the Historic Preservation Commission action.
4. The Historic Preservation Commission Appeals Board will consist of
five members. The members shall be the Building Official, two members of
the Historic Preservation Commission, one person from the Historic/Cultural
District and one member of the Perry City Council.
5. The Historic Preservation Appeals Board shall review the application
and apply the standards as set forth in this chapter in considering the appeal.
6. The Historic Preservation Appeals Board may affirm, reverse, or
modify the decision of the Historic Preservation Commission.
162.07 FEES.
1. A fee shall be paid for review by the Historic Preservation Commission
of an application for a project that includes erection, movement, demolition,
reconstruction, restoration, renovation, or alteration of exterior of structures.
Payments of such fee shall be required from the applicant upon submission of
the application to the City Clerk.
2. Fees will be set by a resolution submitted to the Perry City Council by
the Historic Preservation Commission. Such fees may be set and adjusted by
the City Council from time to time, as deemed necessary.
3. Applicants proposing demolition shall be required to post a bond, the
amount of which shall be set by the Building Official, prior to the issuance of
the Certificate of Appropriateness, in order to ensure complete removal of
debris left by said demolition and recompense for damage done to adjacent
properties.
4. Applicants proposing work on their property shall be required to apply
for and remit payment for any permits required by the Building Official’s
Department prior to the beginning of any work on property in the
Historic/Cultural area prior to the issuance of the Certificate of
Appropriateness.
(Ch. 162 – Ord. 865 – Dec. 07 Supp.)

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°°°°°°°°°°

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CHAPTER 163
PROPERTY MAINTENANCE REQUIREMENTS FOR

PROPERTY LOCATED IN THE HISTORIC/CULTURAL
DISTRICT OF DOWNTOWN PERRY
163.01 Purpose and Intent 163.04 Violation Deemed a Municipal Infraction or
163.02 Definitions Misdemeanor
163.03 Property Maintenance Required

1. Stabilize and improve property values;
2. Protect and enhance the City’s attractions to tourists and visitors and
the support and stimulus to business thereby provided;
3. To provide additional protection for the people who use and visit the
buildings in the Historic/Cultural District of Downtown Perry.
1. “Building” for the purpose of this chapter “building” refers to all
buildings within an area designated as Historic/Cultural District with the
exception of single-family dwellings.
2. “Contributing” means any building site, object, and/or structure
contained in the designated Historic/Cultural District or National Register of
Historic Places Historic District that is identified as a contributor to the
Historic District.
3. “Minimum Maintenance Requirements” mean those regulations
adopted by the City of Perry requiring property owners to maintain the
buildings, structures and sites associated within the Historic/Cultural District.
163.03 PROPERTY MAINTENANCE REQUIRED.

1. The Perry City Council and the Historic Preservation Commission intends
to preserve from deliberate or inadvertent neglect the exterior portions of
designated landmarks, contributing buildings or structures in the Historic/Cultural
District and all interior portions thereof whose maintenance is necessary to
prevent deterioration of any exterior portion. No owner, lessee, or occupant of
any landmark, contributing building or structure in the Historic/Cultural District
shall fail to prevent significant deterioration of the exterior of the structure or
special feature beyond the condition of the structure on the effective date of the
designating ordinance. Examples of minimum maintenance requirements
stipulate the prompt repair or removal of the following:
A. Facades which may fall and injure members of the public or
property;

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CHAPTER 163 PROPERTY MAINTENANCE REQUIREMENTS FOR
PROPERTY LOCATED IN THE HISTORIC/CULTURAL
DISTRICT OF DOWNTOWN PERRY
B. Removal of satellite dishes hanging out over the sidewalks

where pedestrians will be walking under them;
C. Window air conditioners and signs which are not properly
installed and may fall on passersby;
D. Deteriorated or ineffective waterproofing of exterior walls,
roofs, foundations or floors, including broken windows, window
casements or doors;
E. Addresses must be displayed on both the front and back sides of
a building to facilitate safety in case of 911 emergencies;
F. Any fault or defect in the building which renders it not properly
watertight or structurally unsafe;
G. Deteriorated or inadequate foundation, defective or deteriorated
flooring or floor supports, deteriorated walls or other vertical structural
supports;
H. Members of ceilings, roofs, ceiling and roof supports or other
horizontal member with age, split or buckle due to defective material or
deterioration.
2. No owner, lessee, or occupant of any historic structure shall fail to
comply with all applicable provisions of this code and other ordinances of the
City of Perry regulating property maintenance, including without limitation
weed control, garbage, and housing.
3. Applicants may reference the Perry Design Guide or a series of
preservation briefs published by the National Park Service for detailed
descriptions of appropriate treatment and maintenance methods for historic
properties.
4. Before the City Attorney files a complaint in court for failure to maintain
the property, the Building Official shall notify the property owner, lessee, or
occupant of the need to repair, maintain, or restore the property, shall assist the
owner, lessee, or occupant in determining how to preserve the property and shall
give the owner a reasonable time to perform such work.
163.04 VIOLATION DEEMED A MUNICIPAL INFRACTION OR

MISDEMEANOR.
1. Any person, firm, or corporation violating any of the terms of this chapter
shall be deemed guilty of a municipal infraction or misdemeanor and shall be
punishable in accordance with the provisions of the City of Perry Municipal
Code, Chapter 4. Each day a violation occurs can constitute a separate offense.
2. The remedies herein provided shall be cumulative and not exclusive
and shall be in addition to any other remedies provided by law.
(Ch. 163 – Ord. 866 – Dec. 07 Supp.)

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CHAPTER 165
ZONING REGULATIONS
165.01 Title 165.17 Sidewalks
165.02 Purpose 165.18 Board of Adjustment: Establishment
165.03 Application of District Regulations 165.19 Board of Adjustment: Powers and Duties
165.04 Establishment of Districts; Provision for 165.20 Appeals from the Board of Adjustment
Official Zoning Map 165.21 Districts Established
165.05 Rules for Interpretation of District Boundaries 165.22 AG – Agricultural District
165.06 Definitions 165.23 RS – Residential Single-Family District
165.07 Nonconformities – Intent 165.24 RD – Residential Duplex District
165.08 Nonconforming Lots of Record 165.25 RM – Residential Multi-Family District
165.09 Nonconforming Uses of Land (or Land With 165.26 MH – Mobile Home District
Minor Structures Only) 165.27 AC – Arterial Commercial District
165.10 Nonconforming Structures 165.28 BC – Central Business Commercial District
165.11 Nonconforming Uses of Structures or of 165.29 LI – Light Industrial District
Structures and Premises in Combination 165.30 HI – Heavy Industrial District
165.12 Repairs and Maintenance 165.31 Supplementary District Regulations
165.13 Uses Under Special Exception Provision Not 165.32 Enforcement and Interpretation
Nonconforming Uses 165.33 Amendments
165.14 Administration and Enforcement 165.34 Penalties for Violation
165.15 Zoning/Building Permits Required 165.35 Schedule of Fees, Charges and Expenses
165.16 Residential Dwelling Standards 165.36 Complaints Regarding Violations
165.37 Adult Entertainment Business Regulations
165.01 TITLE. This chapter shall be known and may be cited as the “City of
Perry, Iowa, Zoning Ordinance.”
165.02 PURPOSE. The purpose of this chapter is to provide adequate light

and air to prevent the overcrowding of land to avoid undue concentration of
population, to regulate the use of land and to promote the health, safety and
general welfare in the City.
165.03 APPLICATION OF DISTRICT REGULATIONS. The

regulations set by this chapter within each district shall be minimum regulations
and shall apply uniformly to each class or kind of structure of land, and
particularly, except as hereinafter provided:
1. No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered except in
conformity with all the regulations herein specified for the district in
which it is located.
2. No part of a yard, or other open space, or off-street parking or
loading space required about or in connection with any building for the
purpose of complying with this chapter shall be included as part of a
yard, open space, or off-street parking or loading space similarly
required for any other building.

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CHAPTER 165 ZONING REGULATIONS
3. No yard or lot existing at the time of passage of the Zoning

Ordinance codified in this chapter shall be reduced in dimension or area
below the minimum requirements set forth herein. Yards or lots created
after the effective date of this chapter shall meet at least the minimum
requirements established by this chapter.
4. Whenever the requirements of this chapter are at variance with
the requirements of any other lawfully adopted rules, regulations,
ordinances, deed restrictions, or covenants, the most restrictive or that
imposing the higher standards shall govern.
5. All structures existing as of the effective date of this chapter, and
which comply with the terms and conditions of this chapter, shall be
considered lawful and be allowed to continue and exist or be
reconstructed as they currently exist.
165.04 ESTABLISHMENT OF DISTRICTS; PROVISION FOR

OFFICIAL ZONING MAP.
1. Official Zoning Map. The City shall be divided into districts, as
shown on the official zoning map which, together with all explanatory
matter thereon, shall be adopted by ordinance. The official zoning map
shall be identified by the signature of the Mayor, attested by the Clerk,
and bearing the seal of the City under the following words: “This is to
certify that this is the official zoning map referred to in Section 165.04 of
Ordinance No. _______ of the City of Perry, Iowa,” together with the
date of adoption. If, in accordance with the provisions of this chapter
and Chapter 414, Code of Iowa, changes are made in district boundaries
or other matter portrayed on the official zoning map, such changes shall
be entered on the official zoning map promptly after the amendment has
been approved by the City Council, with an entry on the official zoning
map as follows: “By official action of the City Council, the following
changes were made in the official zoning map.” (indicating the changes
by ordinance numbers and date of publication.) No amendment of this
chapter which involves matter portrayed on the official zoning map shall
become effective until after such change and entry has been made on
said map. (See EDITOR’S NOTE at the end of this chapter for
ordinances amending the zoning map.)
2. Annexation of New Land. Any land annexed to the City after the
effective date of this chapter shall be zoned [AG] Agricultural until the
Zoning Commission and City Council shall have studied the area and
adopted a final zoning plan for the area in accordance with this chapter.

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3. Replacement of the Official Zoning Map. In the event that the

official zoning map becomes damaged, destroyed, lost or difficult to
interpret because of the nature or number of changes and additions, the
City Council may by ordinance adopt a new official zoning map which
shall supersede the prior official zoning map. The new official zoning
map may correct drafting or other errors or omissions in the prior official
zoning map, but no such correction shall have the effect of amending the
original official zoning map or any subsequent amendment thereof. The
new official zoning map shall be identified by the signature of the
Mayor, attested by the City Clerk, and bearing the Seal of the City under
the following words: “This is to certify that this official zoning map
supersedes and replaces the official zoning map adopted as part of
Ordinance No. _______ of the City of Perry, Iowa.” Unless the prior
official zoning map has been lost or has been totally destroyed, the prior
map or any significant parts thereof remaining shall be preserved,
together with all available records pertaining to its adoption or
amendment.
165.05 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists as to the boundaries of districts as shown on the
official zoning map, the following rules shall apply:
1. Boundaries indicated as approximately following the centerlines
of streets, highways, or alleys shall be construed to follow such
centerlines;
2. Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines;
3. Boundaries indicated as approximately following City Limits
shall be construed as following such City Limits;
4. Boundaries indicated as following railroad lines shall be
construed to be midway between the main tracks;
5. Boundaries indicated as following shorelines shall be construed to
follow such shorelines, and in the event of change in the shoreline shall
be construed as moving with the actual shoreline; boundaries indicated
as approximately following the centerlines of streams, rivers, or other
bodies of water shall be construed to follow such centerlines;
6. Boundaries indicated as parallel to or extensions of features
indicated in Subsections 1 through 3 above shall be so construed.
Distances not specifically indicated on the official zoning map shall be
determined by the scale of the map;

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7. Where physical or cultural features existing on the ground are at

variance with those shown on the official zoning map, or in other
circumstances not covered by Subsections 1 through 6 above, the Board
of Adjustment shall interpret the district boundaries;
8. Where a district boundary line divides a lot which was in single
ownership at the time of passage of the Zoning Ordinance codified in
this chapter, the Board of Adjustment may permit, as a special exception,
the extension of the regulations for either portion of the lot not to exceed
50 feet beyond the district line into the remaining portion of the lot;
9. Whenever the Council vacates and disposes of a street or alley,
adjacent districts shall extend to the centerline of the vacation;
10. Whenever a variance exists between the official zoning map and
the legal description on an amendment to this chapter, the legal
description applies.
165.06 DEFINITIONS. For the purposes of this chapter the words “used or
occupied” include the words “intended, designed or arranged to be used or
occupied,” the word “lot” includes the words “plot” or “parcel,” and the
following terms or words used herein shall be interpreted as follows:
1. “Abutting” means having property or district lines in common.
2. “Access” means a way of approaching or entering a property from
a public street.
3. “Accessory building” means a subordinate building located on the
same lot with the main building, occupied by or devoted to an accessory
use. Where an accessory building is attached to the main building in a
substantial manner, as by a wall or roof, such accessory building shall be
considered part of the main building.
4. “Accessory use” means a use customarily incidental and
subordinate to the main use or building and located on the same lot
therewith. In no case shall such accessory use dominate, in area, extent
or purpose, the principal lawful use or building.
5. “Agriculture” means the production, keeping or maintenance, for
sale, lease, or personal use, of plants and animals useful to humans,
including but not limited to: forages and sod crops; grains and seed
crops; dairy animals and dairy products; poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, mules, or goats, or
any mutations or hybrids thereof including the breeding and grazing of
any or all such animals; bees and apiary products; fur animals; trees and

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forest products; fruits of all kinds; vegetables; or lands devoted to a soil

conservation or forestry management program.
6. “Alley” means a public way, other than a street, twenty (20) feet
or less in width, affording secondary means of access to abutting
property.
7. “Basement” means a story having part but not more than one-half
(½) its height above grade. A basement shall be counted as a story if the
vertical distance from the average adjoining grade to its ceiling is over
five (5) feet.
8. “Bed and breakfast house” means a house or portion thereof
where short-term lodging, rooms, and meals are provided. The operator
shall live on the premises.
9. “Board” means the Board of Adjustment
10. “Boarding house” means a building other than a hotel where, for
compensation, meals and lodging are provided for four (4) or more
persons.
11. “Building” means any structure designed or intended for the
support, enclosure, shelter, or protection of persons, animals, or
property, but not including signs or billboards and not including
structures or vehicles originally designed for transportation purposes.
12. “Building, height of” means the vertical distance from the average
natural grade at the building line to the highest point of the coping of a
flat roof, or to the deck line of a mansard roof, or to the mean height
level between eaves and ridge for gable, hip, and gambrel roofs.
13. “Condominium” means a building, or group of buildings, in
which units are owned individually, and the structure, common areas and
facilities are owned by all of the owners on a proportional undivided
basis.
14. “District” means a section or sections of the City within which the
regulations governing the use of buildings and premises or the height
and area of buildings and premises are uniform.
15. “Dwelling/dwelling unit” means any building or portion thereof
which is designed or used exclusively for residential purposes, but not
including a tent, cabin, trailer, or mobile home.
16. “Dwelling, multiple” means a building or portion thereof
designed for or occupied exclusively for residence purposes by two or
more families.

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17. “Dwelling, single-family” means a building designed for or

occupied exclusively for residence purposes by one family.
18. “Dwelling, two-family” means a building designed for or
occupied exclusively for residence purposes by two families.
19. “Family” means one or more persons related by blood, marriage
or adoption occupying a single dwelling unit. A family may, except by
special exception of Board of Adjustment, include 4, but not more than 4
persons not related by blood, marriage or adoption but further provided
that domestic employees employed on the premises may be housed on
the premises without being counted as a family or families.
20. “Family home” means a community-based residential home
which is licensed as a residential care facility under Chapter 135C or as a
child foster care facility under Chapter 237 to provide room and board,
personal care, habilitation services, and supervision in a family
environment exclusively for not more than eight developmentally
disabled persons and any necessary support personnel. However, family
home does not mean an individual foster care family home licensed
under Chapter 237.
21. “Frost-free foundation” means a foundation supporting a structure
and which is required to be at least forty-two (42) inches below grade.
22. “Garage” means a building or portion thereof in which a motor
vehicle containing gasoline, distillate or other volatile, flammable liquid
in its tank is stored, repaired, or kept.
23. “Garage, private” means a building or part thereof accessory to a
main building and providing for the storage of automobiles and in which
no occupation or business for profit is carried on.
24. “Garage, public or storage” means a building or part thereof other
than a private garage for the storage of motor vehicles and in which
service station activities may be carried on.
25. “Grade” means the average elevation of the finished ground at the
exterior walls of the main building.
26. “Health care facility” means any residential care facility,
intermediate care facility, or skilled nursing facility.
A. Residential Care Facility - Any institution, place, building,
or agency providing, for a period exceeding twenty-four
consecutive hours, accommodation, board, personal assistance
and other essential daily living activities to three or more
individuals, not related to the administrator or owner thereof

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within the third degree of consanguinity, who by reason of illness,

disease, or physical or mental infirmity are unable to sufficiently
or properly care for themselves but who do not require the
services of a registered or licensed practical nurse except on an
, place, building
ing twenty-four
ve hours, accommodation, board, and nursing services,
the need for which is certified by a physician, to three or more
individuals, not related to the administrator or owner thereof
within the third degree of consanguinity, who by reason of illness,
disease, or physical or mental infirmity require nursing services
which can be provided only under the direction of a registered
nurse or a licensed practical nurse.
C. Skilled Nursing Facility - Any institution, place, building,
or agency providing, for a period exceeding twenty-four
consecutive hours, accommodation, board, and nursing services,
the need for which is certified by a physician, to three or more
individuals not related to the administrator or owner thereof
within the third degree of consanguinity who by reason of illness,
disease, or physical or mental infirmity require continuous
nursing care services and related medical services, but do not
require hospital care. The nursing care services provided must be
under the direction of a registered nurse on a twenty-four hour per
day basis.
27. “Home occupation” means an occupation conducted in a dwelling
unit, provided that:
A. No person other than members of the family residing on
the premises shall be engaged in such occupation, except by
special exception by the Board of Adjustment which may allow
one person other than family members not residing on the
premises to be employed;
B. The use of the dwelling unit for the home occupation shall
be clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than 50 percent of the
gross floor area of the dwelling unit shall be used in the conduct
of the home occupation;
C. There shall be no change in the outside appearance of the
building or premises, nor shall there be any outdoor storage
associated with the home occupation or other visible evidence of

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the conduct of such home occupation other than one sign, not
exceeding two square feet in area, non-illuminated, and mounted
flat against the wall of the principal building;
D. No home occupation shall be conducted in any accessory
building, except by special exception of Board of Adjustment.
E. No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct
of such home occupation shall be met by providing off-street
parking and shall not be in a required front yard. Further, no off-
street parking resulting from the home occupation shall interfere
with the off-street parking of surrounding properties.
F. No equipment or process shall be used in such home
occupation which creates noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses off the lot,
if the occupation is conducted in a single-family residence, or
outside the dwelling unit if conducted in other than a single-
family residence, or outside the dwelling unit if conducted in
other than a single-family residence. No equipment or process
shall be used which creates visual or audible interference in any
radio or television receivers off the premises or causes
fluctuations in line voltage off the premises.
28. “Hospital” means an institution which is devoted primarily to the
maintenance and operation of facilities for the diagnosis, treatment or
care over a period exceeding twenty-four hours of two or more non-
related individuals suffering from illness, injury, or deformity, or a place
which is devoted primarily to the rendering, over a period exceeding
twenty-four hours, of obstetrical or other medical or nursing care for two
or more non-related individuals, or any institution, place, building or
agency in which any accommodation is primarily maintained, furnished
or offered for the care, over a period exceeding twenty-four hours, of
two or more non-related aged or infirm persons requiring or receiving
chronic or convalescent care; and includes sanatoriums or other related
institutions. Provided, however, this shall not apply to hotels or other
similar places that furnish only food and lodging, or either, to their
guests. “Hospital” includes, in any event, any facilities wholly or
partially constructed or to be constructed with Federal financial
assistance, pursuant to Public Law 725, 79th Congress, approved August
13, 1946.

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29. “Hotel” means a building occupied as the more or less temporary

residence of individuals who are lodged for compensation with or
without meals, in which there are sleeping rooms or suites of rooms with
no provision made for cooking in any individual room or suite of rooms,
and entrance is through a common lobby or office.
30. “Junk yard” means any area where waste, discarded or salvaged
materials are bought, sold, exchanged, baled or packed, disassembled or
handled, including places or yards for storage of salvaged house
wrecking and structural steel materials and equipment; but not including
areas where such uses are conducted entirely within a completely
enclosed building and not including the processing of used, discarded or
salvaged materials as part of manufacturing operations.
31. “Kennel (commercial)” means an establishment in which dogs or
domestic animals more than one year old are housed, groomed, bred,
boarded, trained, or sold.
32. “Lodging house” means a building originally designed for or used
as single-family, two-family, or multiple-family dwelling, all or a
portion of which contains lodging rooms or rooming units which
accommodate persons who are not members of the keeper’s family.
Lodging or meals, or both, are provided for compensation. The term
“lodging house” shall be construed to include: boarding house, rooming
house, fraternity house, sorority house and dormitories.
33. “Lot” means a parcel of land of at least sufficient size to meet
minimum zoning requirements for use, coverage, and area, and to
provide such yards and other open spaces as are herein required. Such
lot shall have frontage on an improved public street, or on an approved
private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, or complete lots
of record and portions of lots of record, or of portions of lots of
record;
D. A parcel of land described by metes and bounds, provided
that in no case of division or combination shall any residual lot or
parcel be created which does not meet the requirements of this
chapter.
34. “Lot frontage” means the portion of the lot nearest the street. For
the purposes of determining yard requirements on corner lots and
through lots, all sides of a lot adjacent to streets shall be considered

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frontage, and yards shall be provided as indicated under “Yards” in this

section.
35. “Lot measurements”:
A. Width of a lot is the distance between straight lines
connecting front and rear lot lines at each side of the lot,
measured across the building line; provided, however, width
between side lot lines at their foremost points (where they
intersect with the street line or front property line) shall not be
less than eighty percent (80%) of the required lot width except in
the case of lots on the turning circle of cul-de-sacs where the 80%
requirement shall not apply.
B. Depth of a lot shall be the distance between the midpoints
of straight lines connecting the foremost points of the side lot
lines in front and the rearmost points of the side lot lines in the
rear.
36. “Lot of record” means a lot which is part of a subdivision
recorded in the office of the County Recorder, or a lot or parcel
described by metes and bounds, the description of which has been so
recorded.
37. “Lot types” – Diagram 1 at the end of this section illustrates
terminology used in this chapter with reference to “corner” lots,
“interior” lots, “through” lots, and “reversed corner” lots, as follows:
A. “Corner” lot - a lot located at the intersection of two or
more streets.
B. “Interior” lot - a lot other than a corner lot with only one
frontage on a street other than an alley.
C. “Through” lot - a lot other than a corner lot with frontage
on more than one street other than an alley. Lots with frontage on
two nonintersecting streets may be referred to as “through” lots.
D. “Reversed corner” lot - a corner lot, the side street line of
which is substantially a continuation of the front lot line of the
first lot to its rear.
38. “Manufactured home” - A manufactured home shall be located
and installed according to the same standards, including but not limited
to, a foundation system, setback, and minimum square footage which
would apply to a site-built, single- family dwelling on the same lot. A
manufactured home is a factory-built structure, which is manufactured or
constructed under the authority of 42 U.S.C. Section 4403 and is to be

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used as a place for human habitation, but which is not constructed or

equipped with a permanent hitch or other device allowing it to be moved
other than for the purpose of moving to a permanent site and which does
not have permanently attached to its body or frame any wheels or axles.
A mobile home as defined in Section 135D.1 is not a manufactured
home, unless it has been converted to real property as provided in
Section 135D.26, and shall be taxed as a site-built dwelling. This
section shall not be construed as abrogating a recorded restrictive
covenant.
39. “Mobile home” means any structure used for living, sleeping,
business or storage purposes, having no foundation other than wheels,
blocks, skids, jacks, horses, or skirtings, and which is, has been, or
reasonably may be, equipped with wheels or other devices for
transporting the structure from place to place, whether by motive power
or other means. The term “mobile home” includes “camp car” and
“house car.”
40. “Modular home” means factory-built housing certified as meeting
the State Building Code as applicable to modular housing. Once
certified by the State, modular homes shall be subject to the same
standards as site-built homes.
41. “Motel” (also “motor hotel,” “motor court,” “motor lodge,” or
“tourist court”) means a building or group of buildings designed to
provide sleeping accommodations to transient guests for compensation,
and provides near each guest room a parking space for the guest’s
vehicle. A swimming pool, restaurant, meeting rooms, management
offices and other such accessory facilities may be included.
42. “Nonconformities” means lots, structures, uses of land and
structures, or characteristics of uses, which are prohibited under the
terms of this Zoning Ordinance but were lawful at the date of the
chapter’s enactment.
43. “Nursing or convalescent home” means a building or structure
having accommodations and where care is provided for invalid, infirm,
aged, convalescent, or physically disabled persons, not including insane
and other mental cases, inebriate, or contagious cases.
44. “Parking space” means an area of not less than one hundred
eighty (180) square feet either within a structure or in the open,
exclusive of driveway or access drives, for the parking of a motor
vehicle.

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45. “Permitted use” means a use by right which is specifically

authorized in a particular zoning district.
46. “Principal use” means the main use of land or structures as
distinguished from an accessory use.
47. “Projections” (into yards) means parts of buildings such as
architectural features that extend beyond the buildings exterior walls.
48. “Service station” (gas station) means a building or premises used
for dispensing or offering for sale at retail any automobile fuels, oils, or
having pumps and storage tanks therefor, or where battery, tire or any
similar services are rendered, and where vehicles are not parked for
purposes of inspection or sale.
49. “Setback” means the required distance between every structure
and lot line on the lot in which it is located.
50. “Signs” means any advertising device or surface outdoors, on or
off premises, on which letters, illustrations, designs, figures or symbols
are printed or attached and which conveys information or identification.
51. “Signs, off-premises” means an advertising device including the
supporting structure which directs the attention of the general public to a
business, service, or activity not usually conducted or a product not
usually sold upon the premises where such a sign is located. Such a sign
shall not include: on-premises signs, directional or other official sign or
signs which have a significant portion of their face devoted to giving
public service information (date, time, temperature, weather,
information, etc.)
52. “Signs, on-premises” means an advertising device concerning the
sale or lease of the property upon which they are located and advertising
devices concerning activities conducted or products sold on the property
upon which they are located.
53. “Statement of intent” means a statement preceding regulations for
individual districts intended to characterize the districts and their
legislative purpose.
54. “Story” means that portion of a building included between the
surface of any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling or
roof next above it.
55. “Story, half” means a space under a sloping roof which has the
line of intersection of roof decking and wall face not more than four (4)

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feet above the top floor level. A half-story containing independent

apartments or living quarters shall be counted as a full story.
56. “Street” means all property dedicated or intended for public or
private use for access to abutting land or subject to public easements
therefor, and whether designated as a street, highway, thoroughfare,
parkway, throughway, expressway, road, avenue, boulevard, lane, place,
circle, or however otherwise designated.
57. “Street line” means the right-of-way line of a street. (See
Diagram 2 at the end of this section.)
58. “Structural alteration” means any change in the supporting
members of a building, such as bearing walls or partitions, columns,
beams or girders, or any complete rebuilding of the roof or the exterior
walls.
59. “Structure” means anything constructed or erected which requires
location on the ground or attached to something having location on the
ground, including signs, billboards and fences or walls used as fences.
60. “Townhouse” means a one-family dwelling in a row of at least
three (3) such units in which each unit has its own front and rear access
to the outside, no unit is located over another unit and each unit is
separated from any other unit by one or more common fire resistant
walls.
61. “Use” means the purpose or activity for which a piece of land or
its buildings is designed, arranged, or intended, or for which it is
occupied or maintained.
62. “Variance” means a device used by the Board of Adjustment
which grants a property owner relief from certain provisions of a Zoning
Ordinance when, because of the particular physical surroundings, shape,
or topographical condition of the property, compliance would result in
particular hardship upon the owner, as distinguished from a mere
inconvenience or a desire to make more money and which condition is
not of the owner’s own making.
63. “Yard” means an open space on the same lot with a building,
unoccupied and unobstructed by any portion of a structure from the
ground upward, excepting as otherwise provided herein. In measuring a
yard for the purpose of determining the depth of a front yard or the depth
of a rear yard, the least distance between the lot line and the main
building shall be used. Fences and walls are permitted in any yard,
subject to height limitations as indicated herein. (See Diagram 3 at the
end of this section.)

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64. “Yard, front” means a yard extending across the full width of the
lot and measured between the front lot line and the building or any
projection thereof, other than the projection of the usual steps or
unenclosed porches. Corner lots shall meet the front yard requirements
on each street frontage.
65. “Yard, rear” means a yard extending across the full width of the
lot and measured between the rear lot line and the building or any
projections other than steps, unenclosed balconies or unenclosed
porches. On corner lots there shall be no rear yard required.
66. “Yard, side” means a yard extending from the front yard to the
rear yard and measured between the side lot lines and the building. On
corner lots the yards not designated as front yards shall be considered the
side yards. Each corner lot shall have two fronts and two side yards.
67. “Zoning/Building Official” means the local official responsible
for reviewing zoning/building permits and following a determination by
the Zoning Board of Adjustment for special exceptions and variances.
Decisions of the Zoning/Building Official may be appealed to the Board
of Adjustment. Permits are issued by the Zoning/Building Official.
68. “Zoning district” means a section the City designated in the text
of this chapter and delineated on the zoning map in which requirements
for the use of land, the building and development standards are
prescribed. Within each district, all requirements are uniform.
69. “Zoning map” means the map delineating the boundaries of
districts which, along with the zoning text, comprises the Zoning
Ordinance.

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DIAGRAM 1

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DIAGRAM 2

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DIAGRAM 3

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165.07 NONCONFORMITIES – INTENT. Within the districts established

by this chapter there exist lots, structures, uses of land and structures and
characteristics of use which were lawful before this chapter was passed or
amended, but which are prohibited, regulated, or restricted under the terms of
this chapter or future amendment. It is the intent of this chapter to permit these
nonconformities to continue until they are removed, but not to encourage their
survival. Further nonconformities shall not be enlarged upon, expanded or
extended, nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district, but it is the intent of this chapter to allow
structures which were nonconforming under the previous ordinance, but which
are conforming under this chapter, to be considered legal as of the date of
adoption of this chapter and shall be allowed to be rebuilt, added to, or
modified within the terms and requirements of this chapter. All uses classified
as nonconforming A or B uses under Ordinance No. 521 adopted in May of
1982 shall be considered preexisting nonconforming uses under this section.
To avoid undue hardship, nothing in this chapter shall be deemed to require a
change in the plans, construction or designated use of any building on which
actual construction was lawfully begun prior to the effective date of adoption or
amendment of this chapter and upon which actual building construction has
been carried on diligently. “Actual construction” is hereby defined to include
the placing of construction materials in permanent position and fastened in a
permanent manner. Where excavation or demolition or removal of an existing
building has been substantially begun preparatory to rebuilding, such
excavation or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
165.08 NONCONFORMING LOTS OF RECORD. In any district in

which single-family dwellings are permitted, a single-family dwelling and
customary accessory buildings may be erected on any single lot of record
provided that the lot is not less than 50 feet in width at the effective date of
adoption or amendment of this chapter, except by special exception of the
Board of Adjustment, notwithstanding limitations imposed by other provisions
of this chapter. This provision shall apply even though such lot fails to meet
the requirements for area or width, or both, if the lot shall conform to the
regulations for the district in which such lot is located.
165.09 NONCONFORMING USES OF LAND (OR LAND WITH

MINOR STRUCTURES ONLY). Where at the time of passage of the Zoning
Ordinance codified in this chapter lawful use of land exists which would not be
permitted by the regulations imposed by this chapter, and where such use
involves no individual structure with a replacement cost exceeding $1,000.00,
the use may be continued so long as it remains otherwise lawful, provided:

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1. No such nonconforming use shall be enlarged or increased, nor

extended to occupy a greater area of land than was occupied at the
effective date of adoption or amendment of this chapter.
2. No such nonconforming use shall be moved in whole or in part to
any other portion of the lot or parcel occupied by such use at the
effective date of adoption or amendment of this chapter.
3. If any such nonconforming use of land ceases for any reason for a
period of twelve (12) months, then any subsequent use of such land shall
conform to the regulations specified by this chapter for the district in
which such land is located unless a special exception is granted by the
Board of Adjustment.
4. No additional structure not conforming to the requirements of this
chapter shall be erected in connection with such nonconforming use of
land unless erected at least 200 feet from all adjacent lot lines.
165.10 NONCONFORMING STRUCTURES. Where a lawful structure

exists at the effective date of adoption or amendment of this chapter that could
not be built under the terms of this chapter by reason of restrictions on area, lot
coverage, height, yards, its location on the lot, or other requirements concerning
the structure, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
1. No such nonconforming structure may be enlarged or altered in
such a way which increases its nonconformity, but any structure or
portion thereof may be altered to decrease its nonconformity. An
addition or alteration to a nonconforming structure shall be allowed to
any conforming side of the structure to the extent that the same does not
add to nonconforming portion of the structure.
2. Should such nonconforming structure or nonconforming portion
of structure be destroyed by any means or to any extent, or be
unoccupied for 12 consecutive months it shall be reviewed by the Board
of Adjustment and may be allowed by special exception.
3. Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
165.11 NONCONFORMING USES OF STRUCTURES OR OF

STRUCTURES AND PREMISES IN COMBINATION. If lawful use
involving individual structures with a replacement cost of $1,000.00 or more, or
of structure and premises in combination, exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the district under the

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terms of this chapter, the lawful use may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1. No existing structure devoted to a use not permitted by this
chapter in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, or structurally altered except in changing the
use of the structure to a use permitted in the district in which it is
located.
2. Any nonconforming use may be extended throughout any parts of
a building which were manifestly arranged or designed for such use at
the time of adoption or amendment of this chapter, but no such use shall
be extended to occupy any land outside such building.
3. If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may as a special exception be
changed to another nonconforming use provided that the Board of
Adjustment, either by general rule or by making findings in the specific
case, shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing nonconforming use. In
permitting such change, the Board of Adjustment may require
appropriate conditions and safeguards in accordance with the provisions
of this chapter.
4. Any structure, or structure and land in combination, in or on
which a nonconforming use is superseded by a permitted use, shall
thereafter conform to the regulations for the district, and the
nonconforming use may not thereafter be resumed.
5. When a nonconforming use of a structure, or structure and
premises in combination, is discontinued or abandoned for twelve (12)
consecutive months or for eighteen (18) months during any three-year
period (except when government action impedes access to the premises)
the structure, or structure and premises in combination, shall not
thereafter be used except in conformity with the regulations of the
district in which it is located.
6. When nonconforming use status applies to a structure and
premises in combination, removal or destruction of the structure shall
eliminate the nonconforming status of the land. “Destruction” for the
purpose of the subsection is defined as damage to an extent of more than
fifty percent (50%) of the replacement cost at time of destruction.
Replacement shall begin within 6 months of the time of destruction or
the nonconforming status shall expire. Said construction shall also be
completed within 18 months of the time of destruction or the
nonconforming status shall expire.

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165.12 REPAIRS AND MAINTENANCE. On any building devoted in

whole or in part to any nonconforming use, work may be done on ordinary
repairs, provided that the cubic content of the building as it existed at the time
of passage or amendment of this chapter shall not be increased.
165.13 USES UNDER SPECIAL EXCEPTION PROVISIONS NOT

NONCONFORMING USES. Any use which is permitted as a special
exception in a district under the terms of this chapter (other than a change
through Board of Adjustment action from a nonconforming use to another use
not generally permitted in the district) shall not be deemed a nonconforming
use in such district, but shall without further action be considered a conforming
use.
165.14 ADMINISTRATION AND ENFORCEMENT. A Zoning/Building

Official designated by the City Council shall administer and enforce this
chapter. The Zoning/Building Official may be provided with the assistance of
such other persons as the City Council may direct.
165.15 ZONING/BUILDING PERMITS REQUIRED. No building or

other structure shall be erected, moved, or added to, without a permit therefor
issued by the Zoning/Building Official. Alterations of commercial buildings
requires a permit therefor issued by the Zoning/Building Official. No
zoning/building permit shall be issued except in conformity with the provisions
of the chapter, except after written order from the Board of Adjustment. Fees
for zoning/building permits shall be as provided by City resolution.
Zoning/building permits shall be applied for with the Zoning/Building Official
and shall expire 12 months after the date of issuance if work is begun within 90
days of issuance or after 90 days if no substantial beginning of construction has
occurred. Extensions of time may be granted in writing by the Zoning/Building
Official for good cause. (Ord. 872 – May 08 Supp.)
165.16 RESIDENTIAL DWELLING STANDARDS. All residential

dwelling units shall meet the following minimum standards:
1. The minimum dwelling width shall be twenty-four (24) feet at the
exterior dimension.
2. Dwelling units including attached garages, with baring point on
exterior walls, shall have permanent exterior perimeter walls supported
by continuous footings to a depth of 48 inches below finish grade and
designed per Chapter 18 of the 1994 Edition of the Uniform Building
Code.

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3. Manufactured homes that are constructed to bear on pilings shall

be placed according to the following requirements to insure visual
compatibility with surrounding dwellings:
A. No skirting is allowed to be attached to the structure and
extend downward.
B. A perimeter wall shall be constructed as follows: †
(1) Minimum depth and width of footings shall be six
(6) inches wide by forty-eight (48) inches in depth below
finish grade.
(2) A wall, minimum of four (4) inches wide
constructed of block, brick or poured concrete, shall extend
from the footings to a point no closer than four (4) inches
from the bottom of the structure. Vents shall be provided
for proper ventilation.
(3) A board or other material resistant to decay shall be
attached to the structure and extend downward and lap
over the wall a minimum of two (2) inches. This board or
other material shall not be attached to the wall.
(4) The cavity that is formed between the structure and
the wall shall be filled with insulation or other material that
allows for movement between the structure and wall.
C. Floors shall have a minimum R rating of thirty (30) or the
crawl space shall be capable of maintaining a constant
temperature of fifty-five (55) degrees F. to allow installation of
water meters.
4. All dwelling units shall provide for a minimum of 900 square feet
of habitable floor space.
5. All dwelling units shall have a minimum roof pitch of 4:12. This
requirement shall not apply to manufactured housing if the housing
otherwise complies with 42 U.S.C. Sec. 5403.
6. All dwelling units shall have a roof overhang of at least four (4)
inches around the entire perimeter.
7. Steel siding referred to as barn siding shall not be used as an
exterior siding.
8. All single-family dwelling units shall have external utility meters
located on an external wall that is perpendicular to the front of the
†
EDITOR’S NOTE: A diagram illustrating the following requirements is attached to Ordinance No.
747, adopted by the Council on January 17, 2000.

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residence. These meters may also be located on the external back wall
of the residence, but are not to be installed in the front of a residence. In
the case of dwellings that are steel framed, it is permissible to attach
utility meters to pedestals adjacent to external walls that are
perpendicular to the front of the residence or on pedestals that are
adjacent to back walls of the residence.
165.17 SIDEWALKS. A building permit issued for the construction of a

principal building upon any new developed tract or platted subdivision will
require the installation of sidewalks by the time of expiration of the permit. In
older or established areas of the City, when a building permit is issued for the
construction of a principal building upon any lot, the installation of a sidewalk
will be required if any one of the following conditions exists:
1. Fifty percent (50%) or more of the properties on that side of the
street have sidewalks.
2. There is an existing sidewalk on either side of that lot.
3. The construction of principal buildings occurs and utilizes at least
one-half (½) of that block.
Sidewalks will be installed in accordance with City sidewalk regulations

(Chapter 136 of this Code of Ordinances). In addition, if said tract or platted lot
has sidewalks in compliance with said regulations but which are in a state of
disrepair according to the regulations, a requirement of the building permit will
be the repair or replacement of the sidewalk by the time of the expiration of the
permit. Sidewalks will be repaired or replaced as required by the sidewalk
regulations.
165.18 BOARD OF ADJUSTMENT: ESTABLISHMENT.

1. Board Created. A Board of Adjustment is hereby established
which shall consist of five (5) members. The terms of office of the
members of the Board and the manner of their appointment shall be as
provided by statute. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.
2. Proceedings of the Board of Adjustment. The Board of
Adjustment shall adopt rules necessary to the conduct of its affairs and in
keeping with the provisions of this chapter. Meetings shall be held at the
call of the Chairperson and at such other time as the Board may
determine. The Chairperson, or in the Chairperson’s absence, the Acting
Chairperson may administer oaths and compel the attendance of
witnesses. All meetings shall be open to the public. The Board of
Adjustment shall, through its Secretary, keep minutes of its proceedings,

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showing the vote of each member upon each question or if absent or

failing to vote indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public record.
It shall be the responsibility of the appellant to record said action and all
corresponding stipulations and further said action shall take effect upon
the Board receiving sufficient confirmation of the same. A copy of said
action shall also be filed in the office of the Zoning/Building Official.
165.19 BOARD OF ADJUSTMENT: POWERS AND DUTIES. The

Board of Adjustment shall have the following powers and duties:
1. Administrative Review. To hear and decide appeals where it is
alleged there is error in any order, requirement, decision, or
determination made by the Zoning/Building Official in the enforcement
of this chapter.
A. Appeals to the Board may be taken by any person
aggrieved, or by any officer, department, board or bureau of the
City affected by any decision of the administrative officer. Such
appeal shall be taken within ten (10) days by filing with the
Zoning/Building Official, and with the Board a notice of appeal
specifying the grounds thereof. The Zoning/Building Official
shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from is taken.
B. The Board shall fix a reasonable time for the hearing of the
appeal, and give not less than seven (7) days’ public notice
thereof in a paper of general circulation in the City, and decide
the same within 30 days. At said hearing, any party may appear
in person, by agent or by attorney.
C. Stay of Proceedings. An appeal stays all proceedings in
furtherance of the action appealed from, unless the
Zoning/Building Official from whom the appeal is taken certifies
to the Board of Adjustment after the Notice of Appeal is filed
with the Zoning/Building Official, that by reason of facts stated in
the certificate, a stay would, in the Zoning/Building Official’s
opinion, cause imminent peril to life and property. In such case
proceedings shall not be stayed other than by a restraining order
which may be granted by the Board of Adjustment or by a court
of record on application, on notice to the Zoning/Building
Official from whom the appeal is taken and on due cause shown.

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2. Special Exceptions: Conditions Governing Applications;

Procedures. To hear and decide only such special exceptions as the
Board of Adjustment is specifically authorized to pass on by the terms of
this chapter; to decide such questions as are involved in determining
whether special exceptions should be granted; and to grant special
exceptions with such conditions and safeguards as are appropriate under
this chapter, or to deny special exceptions when not in harmony with the
purpose and intent of this chapter. A special exception shall not be
granted by the Board of Adjustment unless and until:
A. A written application for a special exception is submitted
indicating the section of this chapter under which the special
exception is sought and stating the grounds on which it is
requested;
special exception, and give not less than seven (7) days’ public
notice thereof in a paper of general circulation in the City, and
decide the same within 30 days. At said hearing, any party may
appear in person, by agent or by attorney;
C. The public hearing shall be held. Any party may appear in
person, or by agent or attorney;
D. The Board of Adjustment shall make a finding that it is
empowered under the section of this chapter described in the
application to grant the special exception, that the granting of the
special exception will not adversely affect the public interest.
3. Variance, Conditions Governing Application; Procedures. To
authorize upon appeal in specific cases such variance from the terms of
this chapter as will not be contrary to the public interest, where, owing to
special conditions, a literal enforcement of the provisions of this chapter
would result in unnecessary hardship. A variance from the terms of this
chapter shall not be granted by the Board of Adjustment unless and until:
A. A written application for a variance is submitted
demonstrating:
(1) That special conditions and circumstances exist
which are peculiar to land, structure, or building involved
and which are not applicable to other lands, structures, or
buildings in the same district;
(2) That literal interpretation of the provisions of this
chapter would deprive the applicant of rights commonly

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enjoyed by other properties in the same district under the

terms of this chapter;
(3) That the special conditions and circumstances do
not result from the actions of the applicant;
(4) That granting the variance requested will not confer
on the applicant any special privilege that is denied by this
chapter to other lands, structures, or buildings in the same
district.
No nonconforming use of neighboring land, structures, or
buildings in the same district, and no permitted or nonconforming
use of land, structures, or buildings in other districts may be
considered ground for the issuance of a variance.
variance, and give not less than seven (7) days’ public notice
thereof in a paper of general circulation in the City and decide the
same within 30 days. At said hearing, any party may appear in
person, by agent or by attorney.
C. The public hearing shall be held. Any party may appear in
person, or by agent or by attorney.
D. The Board of Adjustment shall make findings that
requirements of Section 165.19 have been met by the applicant
for a variance.
E. The Board of Adjustment shall further make a finding that
the reasons set forth in the application justify the granting of the
variance, and that the variance is the minimum variance that will
make possible the reasonable use of the land, building, or
structure.
F. The Board of Adjustment shall further make a finding that
the granting of the variance will be in harmony with the general
purpose and intent of this chapter, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
In granting any variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this chapter.
Violation of such conditions and safeguards, when made a part of the
terms under which the variance is granted, shall be deemed a violation of
this chapter and punishable under this chapter. Under no circumstances
shall the Board of Adjustment grant a variance to allow a use not
permissible under the terms of this chapter in the district involved or any

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use expressly or by implication prohibited by the terms of this chapter in

said district.
4. The concurring vote of three members of the Board shall be
necessary to reverse any order, requirement, decision, or determination
of the Zoning/Building Official, or to decide in favor of the applicant on
any matter upon which it is required to pass under this chapter, or to
effect any variation in the application of this chapter.
165.20 APPEALS FROM THE BOARD OF ADJUSTMENT. Any person

or persons, or any board, taxpayer, department, board or bureau of the City, or
other areas subject to this chapter aggrieved by any decision of the Board of
Adjustment may seek review by a court of record of such decision, in the
manner provided by the laws of the State and particularly by Chapter 414, Code
of Iowa.
165.21 DISTRICTS ESTABLISHED. The City is hereby divided into the

following districts:
AG Agricultural District
RS Residential Single-Family District
RD Residential Duplex District
RM Residential Multi-Family District
MH Mobile Home District
AC Arterial Commercial District
BC Central Business Commercial District
LI Light Industrial District
HI Heavy Industrial District
These districts are established as identified on the official zoning map which,
together with all explanatory matters thereon, is hereby adopted by reference
and declared to be part of this chapter.

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165.22 AG – AGRICULTURAL DISTRICT. This district is intended to

provide for areas in which agriculture and related uses are encouraged as the
principal use of land. However, uses which may be offensive to the
surrounding area or to the community as a whole by reasons of noise, dust,
smoke, odor, traffic or physical appearance or other similar factors are not
permitted. The district prohibits urban density residential use until these areas
may be served by utilities and services of the City. This district is also intended
to preserve land suited for eventual development into other uses, pending
proper timing for economical and practical provisions of streets, utilities,
schools and other facilities so that reasonably compact development will occur
and the fiscal integrity of the City is preserved. All newly annexed areas to the
City will automatically be placed into this district classification unless
otherwise suitably classified.
1 Permitted Uses. The following uses are permitted in the AG
District:
A. Agriculture, including the usual agricultural buildings and
structures and excluding offensive uses.
B. Home occupations.
2. Accessory Uses. Uses of land or structure customarily incidental
and subordinate to a permitted use in the AG District:
A. Living quarters of persons employed on the premises and
not rented or otherwise used as a separate dwelling.
B. Private garages, barns and other farm buildings.
C. Roadside stands offering for sale only agricultural products
or other products produced on the premises.
D. Temporary buildings for the uses incidental to construction
work which buildings shall be removed upon the completion or
abandonment of the construction work.
3. Special Exceptions. Certain uses may be permitted in the AG
District subject to specific conditions and requirements intended to make
them compatible with and acceptable to adjacent uses:
A. Cemeteries, crematories or mausoleums.
B. Commercial kennels.
C. Stables, private or public.
D. Greenhouses and nurseries.
E. Publicly operated sanitary landfills.

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F. Private recreational camps, golf courses and recreational

facilities.
G. Public or private utility substations, relay stations, etc.
H. Churches or accessory facilities (on or off site).
I. Publicly owned and operated buildings and facilities.
4. Bulk Regulations. The following requirements shall provide for
light and air around permitted uses and buildings in the AG District:
Minimum Minimum Minimum Minimum Minimum Maximum

Lot Area Lot Width Front Yard Side Yard Rear Yard Height
(lesser of)
2½ stories or
5 acres 200 feet 40 feet 40 feet 30 feet 35 feet,
excluding
farm
buildings
5. Off-street Parking. The following off-street parking requirements

shall apply in the AG District:
A. Dwellings: two (2) parking spaces on the lot for each
living unit in the building. For dwellings not consisting of living
units: two (2) parking spaces on the lot for each 1,000 square feet
of floor area.
B. Churches: one (1) parking space on the lot for each 5 seats
in the main auditorium.
C. Public buildings and facilities: one (1) parking space for
each 300 square feet of gross floor area.
D. Roadside stands: one (1) parking space for each 50 square
feet of enclosed floor area.
E. Greenhouses and nurseries: one (1) parking space per
1,000 square feet of enclosed floor area.
6. Off-street Loading. The following off-street loading requirements
shall apply in the AG District:
A. All activities or uses allowed in the AG District shall be
provided with adequate receiving facilities accessible by motor
vehicle off any adjacent service drive or open space on the same
zoning lot.
B. Loading shall not be permitted to block public right-of-
way.

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7. Signs. The following sign regulations apply to the AG District:

A. Off-premises signs are not permitted.
B. No sign may be lighted in a manner which impairs the
vision of the driver of any motor vehicle.
C. No sign may obstruct the view of any highway or railroad
so as to render dangerous the use of the highway.
D. No sign may imitate or resemble an official traffic control
sign, signal or device.
E. Signs shall not encroach or extend over public right-of-
way.
F. No sign may obscure or physically interfere with an
official traffic control sign, signal or device.
G. No advertisement or advertising structure shall be posted,
erected or maintained which simulates any official, directional or
warning sign erected or maintained by the State, County, City or
other governmental subdivision or which incorporates or makes
use of lights simulating or resembling traffic signals or control
signs.
H. No advertisement shall be posted or maintained on rocks,
fences, trees, or other perennial plants, or on poles maintained by
public utilities.

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165.23 RS – RESIDENTIAL SINGLE-FAMILY DISTRICT. This district

is intended to provide for a variety of single-family residential areas where
public utilities and services are available and to encourage a suitable living
environment through the promotion of public health, safety and welfare. Low
and medium population density neighborhoods are recognized and provided for
by varying the minimum bulk regulations. Criteria such as topography, soil
types, access, traffic load on streets, schools, utilities, recreation and other
public facilities shall be taken into consideration when the lot area requirement
is established for the various single-family residential areas of the City.
1. Permitted Uses. The following uses are permitted in the RS
District:
A. Single-family detached dwellings.
B. Family homes.
C. Home occupations.
and subordinate to a permitted use in the RS District:
A. Private garages.
B. Private recreational facilities.
C. Temporary buildings for the use incidental to construction
3. Accessory Buildings. No accessory building may be erected in
any required front yard and no separate accessory building may be
erected within 4 feet of a main building. No accessory building shall be
closer than 4 feet to the rear or side lot line. Accessory buildings located
in the rear yard may not occupy more than 30 percent of the rear yard.
No accessory building shall be used without occupancy of the principal
building.
4. Special Exceptions. Certain uses may be permitted in the RS
them compatible with and acceptable to adjacent uses.
A. Nursery schools.
B. Public or private utility substations, relay stations, etc.
C. Churches.
D. Publicly owned and operated buildings and facilities.

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E. Private schools with a curriculum similar to public schools.

F. Golf courses including miniature courses and driving
ranges.
G. Bed and breakfast houses.
H. Hospitals.
I. Home occupations in accessory buildings.
light and air around permitted residential uses and buildings in the RS
District:
Zoning Minimum Minimum Minimum Minimum Minimum Maximum

Symbol Lot Area Lot Width Front Side Yard Rear Yard Height
Yard (lesser of)
2½ stories
10 RS 10,000 75 feet 20 feet 8 feet 20 feet or 35 feet
2½ stories
40 RS 40,000 200 feet 50 feet 20 feet 50 feet or 35 feet

shall apply in the RS District:
of floor area.
C. Elementary, junior high and equivalent private or parochial
schools: one (1) parking space for each classroom and office plus
one (1) parking space for each 300 square feet of gross floor area
in auditorium or gymnasium.
D. Senior high schools and equivalent private or parochial
schools: one (1) parking space for each employee and one (1)
parking space for each ten (10) students.
E. Colleges, universities, institutions of higher learning and
equivalent private or parochial schools: one (1) parking space for
each employee and one (1) parking space for each five (5)
students.
F. Public building and facilities: one (1) parking space for

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G. Nursery schools: one (1) parking space per employee.

shall apply in the RS District:
A. All activities or uses allowed in the RS District shall be
zoning lot.
way.
8. Signs. The following sign regulations apply to the RS District:
way.
signs.
public utilities.

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165.24 RD – RESIDENTIAL DUPLEX DISTRICT. This district is

intended to provide for a variety of single and two family residential areas
where public utilities and services are available and to encourage a suitable
living environment through the promotion of public health, safety and welfare.
Medium population density neighborhoods are recognized and provided for by
varying the minimum bulk regulations. Criteria such as topography, soil types,
access, traffic load on streets, schools, utilities, recreation and other public
facilities shall be taken into consideration when the lot area requirement is
established for the various single and two family residential areas of the City.
1. Permitted Uses. The following uses are permitted in the RD
District:
B. Two family dwellings (as per bulk regulations).
D. Family homes.
and subordinate to a permitted use in the RD District:
A. Private garages.
B. Parking lots.
C. Private recreational facilities.
D. Temporary buildings for the use incidental to construction
building.
4. Special Exceptions. Certain uses may be permitted in the RD
A. Nursery schools.

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C. Churches and publicly owned and operated buildings and

facilities.
D. Private schools with a curriculum similar to public schools.
E. Lodging houses, dormitories, fraternities and sororities.
F. Bed and breakfast houses.
G. Health care facilities.
H. Funeral homes. (Ord. 782 – Jul. 02 Supp.)
light and air around permitted residential uses and buildings in the RD
District:

8,000* 75 feet 20 feet 8 feet 20 feet 45 feet

square feet
Where single-family dwellings are constructed, the bulk regulations shall

be as follows:

10,000* 75 feet 20 feet 8 feet 20 feet 45 feet

square feet
*Where public sewer facilities are not available, not less than one acre of
lot area is required.
shall apply in the RD District:
of floor area.
C. Elementary, junior high and equivalent private or parochial

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D. Senior high schools and equivalent private or parochial

E. Colleges, universities, institutions of higher learning and
students.
F. Public building and facilities: one (1) parking space for
G. Nursery schools: one (1) parking space per employee.
shall apply in the RD District:
A. All activities or uses allowed in the RD District shall be
zoning lot.
way.
8. Signs. The following sign regulations apply to the RD District:
way.
signs.

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public utilities.
9. Utility Meters. All residential duplex units shall have external
utility meters located on an external wall that is perpendicular to the
front of the residence. These meters may also be located on the external
back wall of the residence but are not to be installed in the front of the
residence. In the case of dwellings that are steel framed it is permissible
to attach utility meters to pedestals adjacent to external walls that are
perpendicular to the front of the residence or on pedestals that are
adjacent to back walls of the residence.

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165.25 RM – RESIDENTIAL MULTI-FAMILY DISTRICT. This district

is intended to provide for a variety of multi-family residential areas where
public utilities and services are available and to encourage a suitable living
environment through the promotion of public health, safety and welfare.
Medium and high population density neighborhoods are recognized and
provided for by varying the minimum bulk regulations. Criteria such as
topography, soil types, access, traffic load on streets, schools, utilities,
recreation and other public facilities shall be taken into consideration when the
lot area requirement is established for the various multi-family residential areas
of the City.
1. Permitted Uses. The following uses are permitted in the RM
District:
B. Multi-family dwellings (as per bulk regulations).
D. Family homes.
E. Townhouses.
and subordinate to a permitted use in the RM District:
A. Private garages.
B. Parking lots.
C. Private recreational facilities.
D. Temporary buildings for the use incidental to construction
buildings.
4. Special Exceptions. Certain uses may be permitted in the RM
A. Nursery schools.

- 992 -

facilities.
D. Private schools with a curriculum similar to public schools.
E. Lodging houses, dormitories, fraternities and sororities.
F. Bed and breakfast houses.
G. Health care facilities.
light and air around permitted residential uses and buildings in the RM
District:

8,000 75 feet 20 feet 8 feet 20 feet 45 feet

square feet*
Where single-family dwellings are constructed, the bulk regulations shall

be as follows:

(lesser of)
10,000 75 feet 20 feet 8 feet 20 feet 2½ stories or

square feet* 45 feet
*Where public sewer facilities are not available, not less than one acre of
lot area is required.
shall apply in the RM District:
A. Single-family dwellings: two (2) parking spaces on the lot.
B. Multi-family dwellings: one (1) parking space on the lot
for each dwelling unit.
C. Churches: one (1) parking space on the lot for each 5 seats
D. Elementary, junior high and equivalent private or parochial

- 993 -
E. Senior high schools and equivalent private or parochial

F. Colleges, universities, institutions of higher learning and
students.
G. Public building and facilities: one (1) parking space for
H. Nursery schools: one (1) parking space per employee.
shall apply in the RM District:
A. All activities or uses allowed in the RM District shall be
zoning lot.
way.
8. Signs. The following sign regulations apply to the RM District:
way.
signs.

- 994 -

public utilities.
9. Utility Meters. All residential multi-family units shall have
external utility meters located on an external wall that is perpendicular to
the front of the residence. These meters may also be located on the
external back wall of the residence but are not to be installed in the front
of the residence. In the case of dwellings that are steel framed it is
permissible to attach utility meters to pedestals adjacent to external walls
that are perpendicular to the front of the residence or on pedestals that
are adjacent to back walls of the residence.

- 995 -
165.26 MH – MOBILE HOME DISTRICT. This district is intended to

provide for certain medium density residential areas in the City now developed
as mobile home parks which by reason of their design and location are
compatible with surrounding residential areas and areas of the City where
similar development seems likely to occur. This district has useful application
as a transition zone between shopping areas and residential areas and is
normally located along thoroughfares where direct access to the site is
available.
1. Permitted Uses. The following uses are permitted in the MH
District:
A. Mobile homes located in an approved mobile home park.
B. Home occupations.
2. Accessory Uses.
A. Private recreational facilities.
B. Temporary buildings for use incidental to construction
work, which buildings shall be removed upon completion or
3. Special Exceptions.
A. Public or private utility substation, relay stations, etc.
B. Nursery schools.
C. Churches or accessory facilities on or off site.
D. Home occupations in accessory buildings.
light and air around permitted residential uses and buildings in the MH
District:
A. Density is limited to seven (7) mobile homes per acre.
B. No mobile home shall be located within 15 feet of any
other, within 5 feet of any driveway or parking space, or within
40 feet of the right-of-way line of a street.
C. Each mobile home site shall be provided with a stand
consisting of a solid, 6-inch thick, poured Portland cement
concrete apron not less than 8 feet wide and 45 feet long and a
paved outdoor patio of at least 180 square feet located at the main
entrance to the mobile home.

- 996 -
D. A greenbelt, at least 30 feet in width, shall be located along

all boundaries of each mobile home park, except where it is
crossed by driveways.
E. Each mobile home shall be located on a lot having an area
of at least 4,000 square feet.
F. Each mobile home park shall be graded and drained so that
rain water will not stand in pools or puddles.
G. Each street and parking area in any mobile home park shall
be bounded by a sidewalk at least 3 feet wide.
H. All minimum street widths in mobile home parks shall be
approved as private streets and further comply with the following:
(1) No parking on street 1-way 14 feet
2-way 20 feet
(2) Parallel parking on side 1-way 20 feet
2-way 30 feet
(3) Parallel parking both sides 1-way 26 feet
2-way 36 feet

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165.27 AC – ARTERIAL COMMERCIAL DISTRICT. This district is

intended to provide for certain areas of the City for the development of service,
retail, and other non-residential uses which because of certain locational
requirements and operational characteristics are appropriately located in close
proximity to arterial and other main thoroughfares. Residential type structures
are also permitted. The district is further characterized by a typical need for
larger lot sizes, off-street parking, adequate setbacks, clear vision, safe ingress
and egress, and access to other adjacent thoroughfares.
1. Permitted Uses.
A. Sales and display rooms and lots, including yards for the
storage or display of new or used building materials but not for
any scrap or salvage operation storage or sales.
B. Offices and clinics.
facilities.
D. Hotels and motels.
E. Any other retail or service sales business, including food
preparation for sale off-premises.
F. Publicly owned and operated buildings and facilities.
G. Dwellings: single-family, two-family and multi-family.
2. Accessory Uses. Uses of land or structures customarily incidental
and subordinate to a permitted use in the AC District:
A. Private recreational facilities.
B. Living quarters of persons employed on the premises and
not rented or otherwise used as a separate dwelling.
C. Private garages.
D. Parking lots.
E. Temporary buildings for the uses incidental to construction
3. Special Exceptions. Certain uses may be permitted in the AC
A. Public or private utility substations, relay stations, etc.

- 998 -

light and air around permitted uses and buildings in the AC District:

(lesser of)
10,000 50 feet 40 feet 8 feet 20 feet 3 stories or

square feet 45 feet

shall apply in the AC District:
A. Sales and service building: one (1) parking space per 300
square feet of gross floor area.
B. Offices/clinics: one (1) parkings space per 300 square feet
of gross floor area.
C. Churches: one (1) parking space on the lot for each 5 seats
D. Public building and facilities: one (1) parking space for
E. Hotels and motels: one (1) parking space per room plus
one (1) parking space for each employee.
shall apply in the AC District:
A. All activities or uses allowed in the AC District shall be
zoning lot.
way.
7. Signs. The following sign regulations apply to the AC District:
A. Off-premises signs are permitted.
B. Off-premises signs shall comply with the setbacks of the
districts they are located in. Other bulk regulations do not apply.
Off-premises signs are governed by State and Federal regulations
along highways, where zoning exists.
C. No sign may be lighted in a manner which impairs the

- 999 -
D. No sign may obstruct the view of any highway or railroad

E. No sign may imitate or resemble an official traffic control
F. Signs shall not encroach or extend over public right-of-
way.
G. No sign may obscure or physically interfere with an
H. No advertisement or advertising structure shall be posted,
signs.
I. No advertisement shall be posted or maintained on rocks,
public utilities.
J. Signs shall not be permitted, the faces of which are visible
from and are located within three hundred (300) feet of any public
parkway, public square or public park, public or parochial school
building, church building or cemetery, public library, public
museum, post office or buildings designed and erected for the
purpose of housing the principal, administrative and/or judicial
seats of City, County, State and/or Federal government.
K. Signs may be located on roofs of buildings subject to the
following restrictions:
(1) Such signs shall not exceed a height of twenty (20)
feet above the roof level from the point of mounting.
(2) The back of such signs shall be effectively shielded
from public view by a building wall, by backing the face
with another such sign face, by grouping such signs in
clusters to conceal the exposed backs or by painting the
exposed back a neutral color. Structural supports shall be
painted a neutral color.
(3) The total combined height of such signs and the
building upon which they are placed shall not exceed the
overall height limits of this district.

- 1000 -
L. Signs shall not be erected or maintained where the face of

that sign exceeds six hundred (600) square feet in area, including
borders and trim, and excluding base or apron supports and other
structural members.
M. Signs shall not be erected or maintained in excess of one
(1) sign structure for each fifty (50) feet of lot frontage. In areas
where permitted, these sign structures may be double-faced, back
to back, or “V” type, with maximum internal angle of forty-five
(45) degrees.
N. No off-premises sign shall be permitted within a 300 foot
radius of another off-premises sign.
O. Sign structures which have become dilapidated and are
likely to cause injury or degrade the surrounding neighborhood
and signs which advertise a past event or past political election,
are no longer legible, or are otherwise unsafe or untimely, are a
nuisance or danger to the public. The Zoning/Building Official is
authorized to remove, or to have removed, all dangerous or
nuisance signs, the cost of which shall be borne by the sign
owner.
P. Except as otherwise provided in this chapter, it is unlawful
for any person to erect, construct, enlarge, move or convert any
off-premises sign in the City, or cause the same to be done
without first obtaining a sign permit for each such sign from the
Zoning/Building Official as required by this chapter. These
directives shall not be construed to require any permit for the
repainting, cleaning and other normal maintenance or repair of a
sign or sign structure. The fees for such permit shall be set by
resolution of the City Council.

- 1001 -
165.28 BC – CENTRAL BUSINESS COMMERCIAL DISTRICT. This

district is intended to accommodate the major business and office concentration
in the City. It is characterized further by a variety of stores and related
activities which occupy the central commercial area of the City. This district is
intended to be the single central business district of the City and no other use of
this district shall be utilized other than contiguously with the currently
established BC District. Bulk regulations further reflect a more in time use and
development pattern.
1. Permitted Uses. The following uses are permitted in the BC
District:
A. Business sales and services conducted entirely within the
building, including those with incidental manufacturing or
processing of goods or products.
B. Offices and clinics.
C. Hotels and motels.
D. Publicly owned and operated buildings and facilities.
2. Accessory Uses. Uses of land or structures customarily incidental
and subordinate to a permitted use in the BC District:
A. Outdoor sales and service.
B. Private garages.
C. Parking lots.
D. Temporary buildings for the uses incidental to construction
E. Accessory uses customarily incidental to any permitted
principal use.
3. Special Exceptions. Certain uses may be permitted in the BC
A. Service stations.
B. Churches or accessory facilities on or off site.
C. Dwellings: second floor and above.
light and air around permitted uses and buildings in the BC District:

- 1002 -

(lesser of)
None, except None, except
None None None if a side yard if a rear yard 3 stories or
is provided it is provided it 45 feet
shall be a shall be a
minimum of minimum of
8 feet 20 feet
Where this district abuts a lower density district, the greater side and rear
yard setbacks apply.
5. Off-street Parking. None required.

shall apply in the BC District:
A. All activities or uses allowed in the BC District shall be
zoning lot.
way.
7. Signs. The following sign regulations apply to the BC District:
E. No sign may obscure or physically interfere with an
F. No advertisement or advertising structure shall be posted,
signs.

- 1003 -
G. No advertisement shall be posted or maintained on rocks,

public utilities.
H. No sign shall be allowed to overhang, extend or encroach
over any public right-of-way.
I. Signs shall not be permitted, the faces of which are visible
J. Signs may be located on roofs of buildings subject to the
K. Signs shall not be erected or maintained where the face of
structural members.
L. Signs shall not be erected or maintained in excess of one
(45) degrees.
M. No off-premises sign shall be permitted within a 300 foot
N. Sign structures which have become dilapidated and are

- 1004 -

owner.
O. Except as otherwise provided in this chapter, it is unlawful

- 1005 -
165.29 LI – LIGHT INDUSTRIAL DISTRICT. This district is intended to

provide for areas of development by industrial firms that have high standards of
performance and that can locate in close proximity to residential and business
uses. The district regulations are designed to permit the development of any
manufacturing or industrial operations which on the basis of actual physical and
operational characteristics, would not be detrimental to the surrounding area or
to the community as a whole by reasons of noise, dust, smoke, odor, traffic,
physical appearance or other similar factors. Outdoor storage is allowed in this
district when the material is enclosed within a solid fence at least six feet high
and said fence being within required building lines. All industrial operations
must be in an enclosed building. No residential uses are permitted in this
district.
1. Permitted Uses. The following uses are permitted in the LI
District:
A. Any nonresidential building or use which would not be
hazardous, obnoxious, offensive or unsightly by reason of odor,
sound, vibrations, radioactivity, electrical interference, glares,
liquid or solid waste, smoke, or other air pollutants.
B. Storage, manufacture, compounding, processing, packing
and/or treatment of products, exclusive of the rendering or
refining of fats and/or oils.
C. Manufacture, compounding, assembly and/or treatment of
articles or merchandise derived from previously prepared
materials.
D. Assembly of appliances and equipment, including
manufacture of small parts.
E. Wholesale distribution of all standard types of prepared or
packaged merchandise.
F. Sale and storage of building materials. Outdoor or open
storage shall be allowed only when the material is enclosed within
a solid fence at least six feet high and said fence is within required
building lines.
G. Contractors’ offices and storage of equipment.
H. Public or private utility substations, relay stations, etc.
and subordinate to a permitted use in the LI District:

- 1006 -
A. Accessory buildings and uses customarily incidental to a

permitted use.
B. Living quarters for watchmen or custodians of industrial
properties.
3. Special Exceptions. Certain uses may be permitted in the LI
light and air around permitted uses and buildings in the LI District:

(lesser of)
8 feet, except
10,000 75 feet 30 feet that if 20 feet 3 stories or
square feet adjacent to an 45 feet
“RS” / “RM”
District, then
it shall be 20
feet

shall apply in the LI District:
A. All commercial uses shall provide one (1) parking space on
the lot for each 300 square feet of floor area.
B. All industrial uses shall provide one (1) parking space on
the lot for each two (2) employees of maximum number
employed at any one time.
shall apply in the LI District:
A. All activities or uses allowed in the LI District shall be
zoning lot.
way.
7. Signs. The following sign regulations apply to the LI District:

- 1007 -

way.
signs.
public utilities.

- 1008 -

structural members.
(45) degrees.
owner.

- 1009 -
165.30 HI – HEAVY INDUSTRIAL DISTRICT. This district is intended

to provide areas for activities and uses of a heavy industrial character and is the
least restrictive of any district. In the best interest of the City, certain uses in
the HI District shall be subject to final City Council approval, conditional
approval or denial to insure that proper safeguards are taken. No residential
uses are permitted.
1. Permitted Uses. There may be any use, excluding residential uses
and mobile homes. The following uses must be given separate City
Council approval before a zoning/building permit is issued.
A. Acid manufacture.
B. Cement, lime, gypsum or plaster of paris manufacture.
C. Distillation of bones.
D. Explosive manufacture or storage.
E. Fat rendering.
F. Fertilizer manufacture.
G. Gas manufacture.
H. Garbage, offal or dead animals, reduction or dumping.
I. Glue manufacture.
J. Petroleum or its products, refining of.
K. Smelting of tin, copper, zinc, or iron ores.
L. Stockyards or slaughter of animals.
M. Junk yards. Must be surrounded by a solid fence at least
six feet high located within building lines and the junk piled not
higher than the fence.
Before granting such separate approval, the Council shall refer
applications to the Commission for study, and report. If no report is
received in thirty (30) days, the Council may assume approval of the
application.
2. City Council. The City Council shall then, after holding a public
hearing, consider all of the following provisions in its determination
upon the particular use at the location requested:
A. The proposed location design, construction, and operation
of the particular use adequately safeguards the health, safety and
general welfare of persons residing or working in adjoining or
surrounding property.

- 1010 -
B. Such use shall not impair an adequate supply of light and

air to surrounding property.
C. Such use shall not unduly increase congestion in the
streets, or public danger of fire and safety.
D. Such use shall not diminish or impair established property
values in adjoining or surrounding property.
E. Such use shall be in accord with the intent, purpose and
spirit of this chapter and the Comprehensive Plan of the City.
3. Required Conditions.
A. The best practical means known for the disposal of refuse
matter or water-carried waste, the abatement of obnoxious or
offensive odor, dust, smoke, gas, noise, or similar nuisance shall
be employed and subject to all State and Federal regulations.
B. All principal buildings and all accessory buildings or
structures, including loading and unloading facilities shall be
located at least one hundred (100) feet from any “R” District
boundary, except where adjoining a railroad right-of-way, and 50
feet from any commercial boundary.
and subordinate to a permitted use in the HI District:
A. Accessory buildings and uses customarily incidental to a
permitted use.
B. Living quarters for watchmen or custodians of industrial
properties.
light and air around permitted uses and buildings in the HI District:

Lot Area Lot Width Front Side Yard Rear Yard Height
Yard (lesser of)
8 feet, except 20 feet, except
10,000 None 30 feet when adjacent when adjacent 3 stories or
square feet to another to another 45 feet
District, then it District it shall
shall be 50 feet be 100 feet

shall apply in the HI District:
A. All commercial uses shall provide one (1) parking space on
the lot for each 300 square feet of floor area.

- 1011 -
B. All industrial uses shall provide one (1) parking space on

the lot for each two (2) employees of maximum number
employed at any one time.
shall apply in the HI District:
A. All activities or uses allowed in the HI District shall be
zoning lot.
way.
8. Signs. The following sign regulations apply to the HI District:
way.
signs.
public utilities.

- 1012 -

structural members.
(45) degrees.
owner.

- 1013 -


- 1014 -
165.31 SUPPLEMENTARY DISTRICT REGULATIONS.

1. Community Unit Plan. The owner or owners of any tract of land
comprising an area of not less than ten (10) acres may submit to the City
Council a plan for the use and development of the entire tract of land.
The development shall be referred to the Planning Commission for study
and report and for public hearing. If the Commission approves the
development plan, the plan, together with the recommendation of the
Commission, shall then be submitted to the Council for consideration
and approval. If the Council approves the zoning plan, building permits
may be issued even though the use of land and the location of the
buildings to be erected in the area and the yards and open spaces
contemplated by the plans do not conform in all respects to the district
regulations of the district in which it is located except as follows:
A. Only uses permitted in the “R” Districts shall be permitted.
B. The average lot area per family contained in the proposed
plan, exclusive of the area occupied by right-of-way, will not be
less than the lot area per family required in the district in which
the development is located.
C. Said area shall then be designated on the official zoning
map.
2. Building Lines on Approved Plats. Whenever the plat of a land
subdivision approved by the Planning Commission and on record in the
office of the County Recorder shows a building line along any frontage
for the purpose of creating a front yard or side street yard line, the
building line thus shown shall apply along such frontage in place of any
other yard line required in this chapter unless specific yard requirements
in this chapter require a greater setback.
3. Structures to Have Access. Every building hereafter erected or
moved shall be on a lot adjacent to a public street, or with access to an
approved private street, and all structures shall be so located on lots as to
provide safe and convenient access for servicing, fire protection, and
required off-street parking.
4. Erection of More Than One Principal Structure on a Lot. In any
district, more than one structure housing a permitted or permissible
principal use may be erected on a single lot, provided that yard and other
requirements of this chapter shall be met for each structure as though it
were on an individual lot.

- 1015 -

building. Frost-free footings are required for all accessory buildings
over 1,000 square feet. (Ord. 851 – Aug.
06 Supp.)
6. Fences. The construction of a fence or wall shall require a
building/zoning permit. No fence or wall shall be constructed in other
but a rear or side yard unless approval is granted by the Board of
Adjustment as a variance. A side fence or wall or rear fence or wall
shall be set back two (2) feet from the property line. Every side fence or
wall in the front yard or front fence or wall shall be set back to a point
parallel with the front setback of the primary structure located on the lot
or the required structure setback on the lot, whichever setback is greater.
A side fence or wall or rear fence or wall can be constructed inside the
two (2) foot setback required with consent of the adjacent property
owner in writing. Consent by adjacent property owners shall include a
legal description of both properties, a notarized signature from all
owners, and proof of proper recording with the County Recorder. The
original consent will be binding on subsequent property owners unless
provided otherwise. A side fence or wall or rear fence or wall can be
constructed on the property line with the consent and agreement of both
property owners involved. The consent and agreement shall include a
legal description of both properties, a reasonable arrangement for
maintenance and repair, a method of termination, a notarized signature
of all owners, and proof of proper recording with the County Recorder.
The original agreement will be binding on subsequent property owners
unless provided otherwise. A rear fence or wall cannot exceed six (6)
feet in height unless it is set back five (5) feet from the rear lot line. Side
or front fences or walls cannot exceed six (6) feet in height. Any fence
or wall which does not exceed fifteen (15) feet in length and is not
constructed within two (2) feet of an adjacent property line must file an
application for a building permit, however the application fee shall be
waived. There shall be a limit of one (1) waived fence or wall
application fee per property per year.
7. Height Limits. Chimneys, church steeples, cooling towers,
elevator bulkheads, fire towers, monuments, stacks, stage towers or
scenery lofts, tank, water towers, ornamental towers, spires, wireless

- 1016 -
tower; grain elevators, or necessary mechanical appurtenances are

exempt from height regulations in Sections 165.22 through 165.30.
8. Sills, belt courses, cornices, and ornamental features may project
only two feet into a required yard.
9. Open fire escapes, fireproof outside stairways and balconies
opening upon fire towers, and the ordinary projections of chimneys and
flues into a rear yard for a distance of not more than 3½ feet when so
placed as not to obstruct light and ventilation, may be permitted by the
Zoning/Building Official.
10. Terraces which do not extend above the level of the ground (first)
floor may project into a required yard, provided these projections are
distant at least two feet from the adjacent side lot line.
11. Nothing in this chapter shall have the effect of prohibiting utility
service lines.
12. Yards and Visibility. On a corner lot in any district, nothing shall
be erected, placed, planted or allowed to grow in such a manner as
materially to impede vision between a height of three and ten feet above
the centerline grades of the intersecting streets in the area bounded by
the street lines of such corner lots and a line joining points along said
street lines fifty feet from the point of the intersection. (See Diagram 4 at
the end of this section.)
13. All vehicular parking spaces located in required front yards shall
be a minimum of ten (10) feet in width and be surfaced with gravel,
concrete, or asphalt.
14. Private swimming pools shall be allowed only in rear yards and
shall not be allowed in front or side yards.
15. Satellite Dishes. The placement of satellite dish antennas, either
permanent or temporary, is permitted in any zoned district and shall be
considered an accessory building. No satellite dish shall exceed a
diameter of 12 feet except for commercial use. All dishes that exceed a
diameter of 12 feet or are intended for commercial use applications
require approval by special exception. Satellite dishes less than 2 feet in
diameter are not considered structures, do not require a building permit,
and may be attached to another structure according to local and State
Building Code regulations. All other satellite dishes shall be located on
the ground. Only one (1) satellite dish is permitted on a property at the
same time except by special exception.

- 1017 -
DIAGRAM 4

- 1018 -
165.32 ENFORCEMENT AND INTERPRETATION. All questions of

interpretation and enforcement shall be first presented to the Zoning/Building
Official, or that person’s assistant, and such questions shall be presented to the
Board of Adjustment only on appeal from the decision of the Zoning/Building
Official, and recourse from the decisions of the Board of Adjustment shall be to
the courts as provided by law and particularly by Chapter 414, Code of Iowa.
165.33 AMENDMENTS. The regulations, restrictions, and boundaries may,

from time to time, be amended, supplemented, changed, modified, or repealed,
provided that at least seven days’ notice of the time and place of such hearing
shall be published in a paper of general circulation in the City. In no case shall
the notice be published more than 20 days prior to the hearing. The regulations,
restrictions, and boundaries may, from time to time, be amended,
supplemented, changed, modified, or repealed. Notwithstanding Section 414.2,
as a part of an ordinance changing land from one zoning district to another
zoning district or an ordinance approving a site development plan, a Council
may impose conditions on a property owner which are in addition to existing
regulations if the additional conditions have been agreed to in writing by the
property owner before the public hearing requited under this section or any
adjournment of the hearing. The conditions must be reasonable and imposed to
satisfy public needs which are directly caused by the requested change. In case,
however, of a written protest against a change or repeal which is filed with the
City Clerk and signed by the owners of twenty percent or more of the area of
the lots included in the proposed change or repeal, or by the owners of twenty
percent or more of the property which is located within two hundred feet of the
exterior boundaries of the property for which the change or repeal is proposed,
the change or repeal shall not become effective except by the favorable vote of
at least three-fourths of all the members of the Council. The protest, if filed,
must be filed before or at the public hearing. Proposed amendments not
recommended by the Planning and Zoning Commission shall become effective
only upon a favorable vote of three fourths (¾) of the members of the City
Council. All zoning amendment application forms shall be approved by
165.34 PENALTIES FOR VIOLATION. Violation of the provisions of

this chapter with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or special
exceptions) shall be a violation of this Code of Ordinances. Each day such
violation continues shall be considered a separate offense. Nothing herein
contained shall prevent the City from taking such other legal action as is
necessary to prevent any violation.

- 1019 -
165.35 SCHEDULE OF FEES, CHARGES, AND EXPENSES. The City

Council shall establish a schedule of fees, charges, and expenses and a
collection procedure for zoning district changes, zoning permits, appeals, and
other matters pertaining to this chapter. The schedule of fees shall be posted in
the office of the Zoning/Building Official and the City Clerk and may be altered
or amended only by the City Council, as recommended by the Planning and
Zoning Commission. Until all applicable fees, charges, and expenses have
been paid in full, no action shall be taken on any application or appeal.
165.36 COMPLAINTS REGARDING VIOLATIONS. Whenever a

violation of this chapter occurs, or is alleged to have occurred, any person may
file a written complaint. Such complaint, stating fully the causes and basis
thereof, shall be filed with the Zoning/Building Official. The Zoning/Building
Official shall record properly such complaint, immediately investigate, and take
action thereon as provided by this chapter.
165.37 ADULT ENTERTAINMENT BUSINESS REGULATIONS.

1. Purpose. It is the purpose and intent of this section to regulate
adult entertainment businesses in order to limit their adverse impact and
detrimental secondary effects in the community while at the same time
permitting lawful businesses to conduct operations within the
community. By the nature of their business, adult entertainment
businesses create serious, objectionable operational characteristics,
which are magnified when located in close proximity to residences,
churches, schools, day care centers and parks. Special regulation of
adult entertainment businesses is necessary to insure that no adverse
secondary effects will contribute to the blighting or downgrading of
surrounding neighborhoods and areas. These regulations are necessary
to protect the minors of the community from these businesses by
restricting their location and to protect the health, safety and general
welfare of all the residents of the community, prevent crime, protect the
City's retail trade, maintain property values and protect and preserve the
quality of neighborhoods and are not to suppress the expression of
unpopular views.
2. Definitions. For the purposes of this chapter, the following words
and phrases shall have the meanings given herein.
A. "Adult booth" shall mean any area of an adult
entertainment establishment that is set off from the remainder of
such establishment by one or more walls, partitions or other
dividers and which is used to show, exhibit, play, display or
otherwise demonstrate any adult materials or to view any live

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performance that is distinguished or characterized by an emphasis

on the exposure, depiction or description of any specified
anatomical areas or the performance or simulation of any
specified sexual activities.
B. "Adult cabaret" shall mean any commercial establishment
that as a substantial or significant portion of its business provides
any of the following:
(1) Persons who appear nude;
(2) Live performances that are distinguished or
characterized by an emphasis on the exposure, depiction or
description of a specified anatomical area or the
performance or simulation of a specified sexual activity; or
(3) Films, motion pictures, video or audio cassettes,
slides, computer displays or other visual representations,
recordings, imagery, illustration or depictment of any kind
that are distinguished or characterized by an emphasis on
the exposure, depiction or description of any specified
sexual activity.
C. "Adult establishment" or "adult entertainment business"
shall mean an adult store, adult cabaret, adult theater, nude model
studio, sexual encounter center, adult motel or escort agency.
D. "Adult material" shall mean any of the following, whether
new or used:
(1) Books, magazines, periodicals, or other printed
matter or digitally stored materials, films, motion pictures,
video cassettes, audio cassettes, slides, computer displays
or other visual or audio representations or recordings of
any kind, DVD, CD-ROM, or similar item that is
distinguished or characterized by an emphasis on the
exposure, depiction, description, imagery or visual
representation of any specified anatomical area or the
performance or simulation of any specified sexual activity.
(2) Instruments, novelties, devices or paraphernalia that
are designed for use in connection with specified sexual
activities or that depict, describe or portray specified
anatomical areas; except that this definition shall not
include those items used for birth control or for the
prevention of sexually transmitted diseases.

- 1021 -
E. "Adult motel" shall mean any motel, hotel or similar

business that (1) offers accommodations to the public for any
form of consideration; and provides patrons with closed-circuit
television transmission, telephones, motion pictures, video
cassettes, slides, or other material that is characterized by the
depiction or description of any specified anatomical area or any
specified sexual activity; and has a sign that is visible from the
public right-of-way that advertises the availability of adult
materials; or (2) offers a room or suite for consideration for a
period of time that is less than ten hours; or (3) allows a tenant,
occupant or patron of a room or suite to sublet the room or suite
for a period of less than ten hours.
F. "Adult store" shall mean any commercial establishment
that (1) contains one or more adult booths, or (2) as a substantial
or significant portion of its business offers for sale, rental,
exchange or viewing any adult materials. Adult stores do not
include commercial establishments that offer for sale, rental,
exchange or viewing any adult materials as a sideline or adjunct
to sales, rentals, exchanges or viewings of materials other than
adult materials.
G. "Adult theater" shall mean any commercial establishment
that as a substantial or significant portion of its business features
or provides films, motion pictures, video or audio cassettes,
slides, or other visual representations, recordings, imagery,
illustration or depictment of any kind that are distinguished or
characterized by an emphasis on the exposure, depiction or
description of any specified anatomical area or the performance or
simulation of any specified sexual activity.
H. "Commercial establishment" shall mean any place where
admission, services, performances, or products are provided for or
upon payment of any form of consideration.
I. "Escort" shall mean a person who, for pecuniary
consideration, agrees or offers to act as a companion, guide or
date for another person, or who agrees or offers to privately
model lingerie or to privately perform a striptease dance or
otherwise perform or appear before another person while nude in
or about any place of public or private resort or any private
quarter or business premises.
J. "Escort agency" shall mean any person or business entity
furnishing or offering to furnish, or advertising to furnish escorts

- 1022 -
as one of its business purposes, for a fee, tip or any other form of
consideration.
K. "Nude model studio" shall mean any place where a person
who appears nude is provided for the purpose of being sketched,
drawn, painted, sculptured, photographed or similarly depicted by
any other person who has paid money or any other form of
consideration, barter or exchange, or for whose benefit someone
else has paid money or any other form of consideration, barter or
exchange, for the purpose of being allowed to observe the person
appearing nude being sketched, drawn, painted, sculptured,
photographed or similarly depicted. Nude model studio does not
include public or private colleges or universities licensed by the
State of Iowa that offer art, modeling or anatomical drawing
classes.
L. "Nude or state of nudity" shall mean a state of dress or
undress that exposes to view (1) less than completely and
opaquely covered human genitals, pubic region, anus, or female
breast below a point immediately above the top of the areola, but
not including any portion of the cleavage exhibited by a dress,
blouse, shirt, leotard, bathing suit or other wearing apparel
provided the areola is not exposed; or (2) human male genitals in
a discernibly turgid state even if completely and opaquely
covered, or any device that when worn, simulates human male
genitals in a discernibly turgid state.
M. "Sexual encounter center" shall mean any business or
commercial establishment that, for consideration, offers (1)
physical contact in the form of wrestling or tumbling between
persons of the opposite sex, or (2) activities between two or more
persons regardless of gender when one or more of the persons is
in a nude condition, or (3) where two or more persons may
congregate, associate or consort in connection with specified
sexual activities or specified anatomical areas, or (4) where two
persons may congregate, associate, or consort, in a private room,
suite, or similar enclosure, with one of the two persons modeling
lingerie, dancing in a sexually suggestive manner, or some similar
activity for the pleasure or entertainment of the other. Sexual
encounter center does not include a gymnastic, acrobatic, athletic
or similar demonstration or show.
N. "Specified anatomical area" shall mean any of the
following:

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(1) Less than completely and opaquely covered human

genitals; pubic region; buttocks; anus; or female breast
below a point immediately above the top of the areola but
not including any portion of the cleavage exhibited by a
dress, blouse, leotard, bathing suit or other wearing apparel
provided the areola is not exposed;
(2) Human male genitals in a discernibly turgid state,
even if completely and opaquely covered or any device or
covering that when worn, simulates human male genitals in
a discernibly turgid state,
O. "Specified sexual activity" shall mean any of the
following:
(1) The fondling or touching of one person's human
genitals, pubic region, buttocks, anus or female breasts by
another person;
(2) Sex acts, normal or perverted, actual or simulated,
including without limitation, cunnilingus, fellatio,
anilingus, bestiality, intercourse, oral copulation or
sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory or urinary functions as part of or in
connection with any of the activities set forth in Subsection
(1), (2), or (3) of this definition.
P. "Substantial or significant portion of its business" shall
mean that ten percent or more of the establishment's income is
derived from the sale, rental, exchange or viewing of any adult
material; or ten percent or more of the establishment's stock in
trade or floor space is utilized for the display of any adult
material; or that one or more persons appearing, performing or
working in a state of nudity constitutes a fundamental or essential
part of or attraction of the business. Regardless of the foregoing,
any business establishment that advertises or holds itself out as
"XXX", "adult", or "sex" in conjunction with adult material
and/or nude appearances or performances is deemed to meet the
substantial portion of its business standard.
Q. "Adult amusement arcade" shall mean an establishment
having as one of its principal uses one or more of the following:
customer-operated motion picture devices, peep shows, viewing
area, or similar devices either coin, token or slug operated, or

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which in consideration of an entrance fee, displays materials

distinguished or characterized by an emphasis on depictions of
specified sexual acts or specified anatomical areas.
3. Adult Establishment Location Requirements.
A. Adult establishments shall only be permitted in specific
zoning districts (AC, LI and HI),
B. No adult establishments shall be located, established,
maintained or operated on any lot that has a property line within
five hundred feet of the property line of any other lot on which
another adult establishment is located, established, maintained or
operated; nor shall more than one adult establishment be located
on any lot; nor shall any other business be located, established,
maintained or operated on any lot on which an adult
establishment is located, established, maintained or operated.
C. No adult establishment shall be located, established,
five hundred feet of the property line of:
(1) Any residentially zoned property (RS, RD and RM);
(2) A public or private nursery school, a public or
private elementary or secondary school;
(3) A childcare facility licensed by the state of Iowa;
(4) A church, synagogue, mosque, or other religious
facility or institution;
(5) A public park including public recreational paths or
trails;
(6) A public or private cemetery; or
(7) A public housing facility.
D. No adult establishment shall be located, established,
five hundred feet of the public right-of-way for any arterial street
in Perry.
E. For purposes of this section, distances shall be measured in
a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the lot on which the
adult establishment is located to the nearest point on the property
line of uses protected in subsection C and D of this section, or the
nearest point of the property line of the other adult establishment,

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as the case may be. It is the adult establishment's obligation to

provide the City's building official with a survey acceptable and
satisfactory to the building official that demonstrates the
establishment meets the requirements of this section.
4. Other Legal Provisions. Adult establishments located, maintained
or operated in the City shall comply, in addition to complying with all
other applicable regulations set forth in this code, with all regulations set
forth in this chapter. In the event of a conflict between the provisions of
any other such regulations and the regulations set forth in this chapter,
the regulations set forth in this chapter shall control the location of the
adult establishment. Nothing in this chapter is intended to authorize,
legalize or permit the establishment, operation or maintenance of any
business, building or use, which violates any provision of any statute,
ordinance or regulation.
5. Adult Establishment Sign Regulations.
A. Signage. All signs for adult establishments shall be flat
wall signs. The maximum allowable sign area shall be one square
foot of sign area per foot of lot frontage on the street, but under
no circumstances may a sign exceed thirty-two square feet. The
maximum number of signs shall be one per lot frontage. Signs
otherwise permitted pursuant to this subsection shall contain only
(1) the name of the adult establishment conducting business on
the premises, and/or (2) the specific type of adult entertainment
being conducted on the premises.
B. Exterior Display. No adult establishment shall be
maintained or operated in any manner that causes, creates, or
allows public viewing of any adult material, or any entertainment
depicting, describing, or relating to specified sexual activities or
specified anatomical areas, from any public rights-of-way or
private property other than the lot on which the licensed premises
is located. No portion of the exterior of an adult establishment
shall utilize or contain flashing lights, search lights, spotlights, or
other similar lighting systems; or any words, lettering,
photographs, silhouettes, drawings or pictorial representations of
any manner except to the extent allowed pursuant to subsection A
of this section with regard to signs. This subsection shall apply to
any advertisement, display, promotional material, decoration,
sign, performance, show, and to any window, door or other
opening to the adult establishment.
(Ord. 802 – Nov. 03 Supp.)

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EDITOR’S NOTE
The following ordinances, not codified herein, which amend the Official Zoning Map as
provided in Section 165.04, have been adopted:
ORDINANCE ADOPTED ORDINANCE ADOPTED
725 (Official May 18, 1998
Zoning Map)
733 August 2, 1999
751 February 22, 2000
753 May 1, 2000
754 May 15, 2000
761 July 17, 2000
763 January 15, 2001
764 January 15, 2001
785 August 19, 2002
795 June 16, 2003
797 August 18, 2003
845 October 17, 2005
867 October 15, 2007

- 1027 -

- 1028 -
CHAPTER 166
SUBDIVISION REGULATIONS
166.01 Purpose 166.15 Easements
166.02 Jurisdiction 166.16 Sidewalks
166.03 Administration 166.17 Acre Subdivisions
166.04 Enforcement 166.18 Dedication and Reservation of Land for Open
166.05 Rules and Definitions Space and Recreational Facilities
166.06 Application Procedure 166.19 Preliminary Plat Requirements
166.07 Procedure for Conditional Approval of 166.20 Final Plat – Preparation and Filing
Preliminary Plat 166.21 Exceptions
166.08 Procedures for Approval of Final Plat 166.22 Penalty for Violation
166.09 Streets – General Requirements 166.23 Failure to Complete Improvements
166.10 Streets – Design Standards 166.24 Procedure for Improvements
166.11 Drainage and Storm Sewers 166.25 Acceptance of Dedication Offers
166.12 Water Facilities 166.26 Inspection of Improvements
166.13 Sanitary Sewer Facilities 166.27 Maintenance of Improvements
166.14 Utilities 166.28 Changes and Amendments
166.01 PURPOSE. In the best interests of the City and to assist the
subdivider in harmonizing his or her interests with those of the City, the
following regulations are adopted in order that adherence to the same will bring
results that are beneficial to both parties. It is deemed necessary to establish
minimum standards for the design and development of all new subdivisions in
order to eliminate piecemeal planning and to insure sound community growth
and safeguarding of the interests of the homeowner, the subdivider, and the
local government. It is the duty of the Planning and Zoning Commission to
require that all regulations set forth in this chapter are complied with, before
giving their approval. It is the purpose of this chapter to make regulations and
requirements for the platting of land which the Council deems necessary for the
health, safety and general welfare of the citizens.
166.02 JURISDICTION. Every owner of any tract or parcel of land who

has subdivided or shall hereafter subdivide or plat said tract or parcel into three
or more plats, for the purpose of laying out an addition, subdivision, building
lot or lots, acreage or suburban lots within the City or within two miles from the
incorporated territory of the City, shall cause plats of such area to be made in
the form, and containing the information, as hereinafter set forth, before selling
any lots therein contained or placing the plat on record. In accordance with
Section 354.9 of the Code of Iowa, all subdivision plats situated outside of but
within two miles of the incorporated territory of the City shall be subject to
review and approval under the provisions of this chapter.
166.03 ADMINISTRATION. The following offices of the government of

the City are concerned with the administration of this chapter.

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CHAPTER 166 SUBDIVISION REGULATIONS
1. Council. The Council is vested with the following responsibilities

with regard to subdivision control:
A. Approval or disapproval of all preliminary and final plats
referred to it by the Commission.
B. Approval or disapproval of all variations and exceptions
recommended by the Commission.
C. Amendment of the regulations of this chapter when found
necessary and desirable, as hereinafter provided.
D. Initiation of appropriate proceedings to enforce the
provisions of this chapter.
2. Commission. The City Planning and Zoning Commission shall
administer the provisions of this chapter, and in furtherance of said
authority, shall:
A. Maintain permanent and current records of this chapter,
including amendments thereto.
B. Receive and file all preliminary plats and final plats
(together with applications).
C. Forward copies of the preliminary plat to other appropriate
offices and agencies for their recommendations and report.
D. Forward all preliminary plats to the Council with
recommendations.
E. Receive and file all final plats, and check their compliance
with the preliminary plat.
F. Forward, with recommendations, to the Council all final
plats.
G. Make all other determinations required by the regulations
herein.
166.04 ENFORCEMENT.
1. No owner, or agent of the owner, of any parcel of land located in
a proposed subdivision shall transfer or sell such parcel before a plat of
said subdivision has been approved by the Council, in accordance with
the provisions of this chapter, and filed with the County Recorder.
2. The subdivision of any lot or any parcel of land by the use of
metes and bounds description with the intent of evading this chapter, for
the purpose of sale, transfer, or lease shall be subject to all of the
requirements and regulations contained in this chapter.

- 1046 -
3. No building or repair permit shall be issued for the construction

or repair of any building or structure located on a lot or plot subdivided
or sold in violation of these regulations. An original tract, however, may
be divided into two (2) lots or tracts and not be subject to the provisions
of this section.
4. No plat of a subdivision shall be approved which does not comply
with all of the provisions of this chapter, except as may be allowed in
Section 166.21.
166.05 RULES AND DEFINITIONS. As used in this chapter, the word

“lot” includes the words “plot,” “piece,” and “parcel.” The phrase “used for”
includes the phrases “arranged for,” “designed for,” “intended for,” “maintained
for,” and “occupied for.” The following terms are also defined for use in this
chapter:
1. “Alley” means a public right-of-way less than 20 feet in width
which affords only a secondary means of access to abutting property.
2. “Block” means a tract of land within a subdivision that is entirely
bounded by streets or by a combination of streets and public parks,
cemeteries, railroad rights-of-way, bulkhead lines or shorelines of
waterways, or corporate boundary lines of the City.
3. “Building setback line” means a line within a lot or parcel of land,
so designated on the plats, between which line and a street no building or
structure may be erected.
4. “Collector street” means a street intended to carry vehicular
traffic from minor streets to major streets and/or thoroughfare systems.
5. “Commission” means the Planning and Zoning Commission of
the City.
6. “Comprehensive Plan” means the Comprehensive Plan adopted
by the Council, known as the Comprehensive Plan for Perry, together
with all changes and amendments thereto which are adopted from time
to time.
7. “Cul-de-sac” means a minor street having one open end and being
permanently terminated by a vehicular turnaround.
8. “Days” refer to calendar days.
9. “Design standards” means the specifications to land owners or
subdividers for the preparation of plats, indicating among other things,
but not limited to, the optimum, minimum, and maximum dimensions of
such items as right-of-way, blocks, easements, and lots.

- 1047 -
10. “Developer” means the owner or agent under legal authority of

the owner who undertakes to cause a parcel of land to be designed,
constructed, and recorded as a subdivision.
11. “Easement” means a grant by a property owner of the use of land
for construction or maintenance of facilities in accordance with the
Comprehensive Plan and the requirements of these regulations or any
utility company.
12. “Engineer” means a registered engineer authorized to practice
civil engineering, as defined by the Registration Act of the State of Iowa.
13. “Escrow agreement” means an agreement between the subdivider
and the City whereby a percentage of the sale price of each lot in the
subdivision, when sold, shall be deposited in escrow as a guarantee for
the installation of the required improvements, the percentage to be
determined by the City Engineer or Council.
14. “Final plat” means the map or drawing and necessary legal
papers, to engineering accuracy and containing the items specified by
these regulations, on which the subdivision plan is presented, in the form
which if approved will be filed and recorded with the County Recorder.
15. “Frontage street” means a street contiguous to, and generally
paralleling, an expressway, parkway, or through street. It is designed so
as to intercept, collect, and distribute traffic desiring to cross, enter, or
leave such a highway and to furnish access to property that otherwise
would be isolated as a result of the controlled access feature.
16. “Grading plan” means a drawing of a proposed subdivision with
plans and specifications for grading which is intended to represent the
layout which will be approved for construction by the Commission and
Council.
17. “Improvements” means changes and additions to land necessary
to prepare it for building sites, and including street paving and curbing,
grading, monuments, drainage ways, sewers, fire hydrants, water mains,
sidewalks, and other public works and appurtenances.
18. “Intersection” means the area embraced within the prolongation
or connection of the lateral curb lines, or if none, then the lateral
boundary lines of the roadways of two highways which join one another
at or approximately at right angles or the area within which vehicles
traveling upon different highways joining at any other angle may come
in conflict.
19. “Lot” means a parcel of land, abutting on a street, whose area, in
addition to the parts thereof occupied or hereafter to be occupied by a

- 1048 -
building, structure, and/or accessory buildings, is sufficient to provide

the yards required by the regulations of the Zoning Regulations.
20. “Maintenance bond” means a surety bond, cash deposit, or
escrow agreement made out to the City in an amount equal to the full
cost of the improvements which are required by this chapter, said cost
being estimated by the City Engineer or Council, and said surety bond or
cash deposit being legally sufficient to secure to the City that said
improvements shall be kept in good repair from the time of acceptance
by the City of said improvements for such period of time as is specified
by this chapter.
21. “Major thoroughfare” means an arterial street with intersections at
grade and direct access to abutting property, and on which geometric
design and traffic control measures are used to expedite the safe
movement of through traffic.
22. “Minor street” means a street used primarily for access to the
abutting properties, having a minimum right-of-way width of fifty-five
(55) feet.
23. “Outlot” means a parcel of land within a subdivision and which
has been included on a preliminary or final plat but not designated as a
buildable lot due to insufficient size and/or frontage or peculiar site or
topographical problems.
24. “Performance bond” means a surety bond or cash deposit made
out to the City in an amount equal to the full cost of the improvements
which are required by this chapter, and said surety bond or cash deposit
being legally sufficient to secure to the City that said improvements will
be constructed in accordance with this chapter.
25. “Plat” means a graphic presentation on which the subdivider’s
plan for the subdivision of land is presented and which is submitted for
approval and subsequent action.
26. “Preliminary plat” means a map or plan showing all the facts
needed to enable the Commission to determine whether the proposed
layout of the land is satisfactory from the standpoint of public interest.
27. “Replat” means a plat representing land which has previously
been included in a recorded plat.
28. “Roadway” means that portion of the street available for
vehicular traffic and where curbs are laid, the portion from back to back
curbs.

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29. “Street” means an improved right-of-way dedicated to public use,

which serves as a primary access to abutting lands.
30. “Street, private” means any street which is under the jurisdiction
of an individual, corporation, or trustee, or any street which is privately
owned or established.
31. “Subdivision” means the division of land into three (3) or more
lots for the purpose, whether immediate or future, or transfer of
ownership or building development; or, any change in existing street
lines or public easement. The term, when appropriate to the context,
relates to the process of subdividing or to the land subdivided, or the
resubdivision of land heretofore divided or platted into lots or other
divisions of land, or if a new street is involved, any division of land.
32. “Subdivider” means any person commencing proceedings under
this chapter to effect a subdivision of land hereunder.
All other terms used in these regulations shall have their normal meanings,
except that terms common to engineering and surveying shall be used in their
professional sense.
166.06 APPLICATION PROCEDURE.

1. Three (3) copies of the preliminary plat and supplementary
material specified shall be submitted to the Commission with written
application for approval. These materials shall be retained by the
Commission.
2. The application for approval of the preliminary plat shall be
accompanied by a certified check or money order payable to the City in
the amount of twenty-five dollars ($25.00) plus three dollars ($3.00) for
each lot in the proposed subdivision.
3. Following review of the preliminary plat and other data submitted
in compliance with these regulations, and following negotiations with
the subdivider on changes deemed advisable and the kind and extent of
improvements to be made by the subdivider, the Commission shall
within forty-five (45) days act on the plat and data as submitted or
modified, and, if approved, state the conditions of such approval, if any,
or, if disapproved, the Commission shall express its disapproval and its
reasons therefor.
166.07 PROCEDURE FOR CONDITIONAL APPROVAL OF

PRELIMINARY PLAT.

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1. Within fifteen (15) days of the Commission’s decision, they shall

inform the subdivider that the plans and datum submitted or as modified
do or do not meet the objectives of these regulations. When the
Commission finds that the plans and datum do not meet the objectives of
these regulations, it shall express its reasons therefor.
2. If the Commission does not act within the forty-five (45) days, the
preliminary plat shall be deemed to be approved as is. The approval of
the preliminary plat shall be null and void unless the final plat is
presented to the Commission within one hundred eighty (180) days of
the date of approval.
3. Approval of the preliminary plat shall not constitute approval of
the final plat.
4. Action must be taken by the Council within thirty days after the
preliminary plat has been submitted for approval.
5. When the preliminary plat has been approved, one copy of the
plat shall be returned to the applicant, with street addresses annotated to
the lots.
166.08 PROCEDURES FOR APPROVAL OF FINAL PLAT.

1. The final plat shall conform substantially to the preliminary plat
as approved, and, if desired by the subdivider, it may constitute only that
portion of the approved preliminary plat which the subdivider proposes
to record and develop at the time, provided, however, that such portion
conforms to all requirements of these regulations.
2. Six (6) copies of the final plat and other exhibits required for
approval shall be prepared as specified in Section 166.20 and shall be
submitted to the Commission. The plat shall be accompanied by a notice
from the Council stating that there has been filed with and approved by
the Council a bond which shall:
A. Run to the Mayor and Council;
B. Be in an amount determined by the Mayor and Council to
be sufficient to complete the improvements and installations in
compliance with these regulations;
C. Be with surety by a company entered and licensed to do
business in the State of Iowa; and
D. Specify the time for the completion of the improvements
and installations.

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3. Application for approval of the final plat shall be submitted in

writing to the Commission at least fifteen (15) days prior to the meeting
at which it is to be considered.
166.09 STREETS – GENERAL REQUIREMENTS.

1. Grading Plan. Roads shall be graded to conform to the
construction standards and specifications recommended by the City
Engineer and approved by the Council prior to final plat endorsement.
2. Topography and Arrangement.
A. Roads shall be related appropriately to the topography.
Local roads should be curved wherever possible to avoid
conformity of lot appearance. All streets shall be arranged so as
to obtain as many as possible of the building sites at, or above, the
grades of the streets. Grades of streets shall conform as closely as
possible to the original topography. A combination of steep
grades and curves shall be avoided. (See Section 166.10 Design
Standards)
B. All streets shall be properly integrated with the existing
and proposed system of thoroughfares and dedicated right-of-way
as established by the Comprehensive Plan.
C. Minor or local streets should be laid out to discourage use
by through traffic and to permit efficient drainage and utility
systems. The use of curvilinear streets, cul-de-sacs, and loop
streets shall be encouraged where such use will result in a more
desirable layout.
D. In business and industrial developments, the streets and
other access-ways shall be planned in connection with the
grouping of buildings, location of rail facilities, alleys, truck
loading and maneuvering areas, and walks and parking areas so as
to minimize conflict of movement between the various types of
traffic, including pedestrian.
E. The layout of the streets shall afford maximum solar access
to a minimum of eighty percent (80%) of all dwelling units within
the proposed plat.
3. Arrangement of Streets. The arrangement of streets shall provide
for the continuation of principal streets between adjacent properties
when such continuation is necessary for convenient movement of traffic,
effective fire protection, for efficient provision of utilities, and where
such continuation is in accordance with the Comprehensive Plan. If the

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adjacent property is undeveloped and the street must be a dead-end street

temporarily, the right-of-way shall be extended to the property line. A
temporary T- or L-shaped turnabout shall be provided on all temporary
dead-end streets, with the notation on the subdivision plat that land
outside the normal street right-of-way shall revert to abuttors whenever
the street is continued. The Commission may limit the length of
temporary dead-end streets in accordance with the design standards of
these regulations.
4. Cul-de-sacs. Where a cul-de-sac is permitted, its terminus shall
normally not be nearer to the boundary of the subdivision than the
minimum lot depth requirement of the Zoning District in which it is
located. The Commission may require the reservation of an appropriate
easement at the closed end of the cul-de-sac to accommodate drainage
facilities, pedestrian traffic, and/or utilities. Minimum turnaround radii
and maximum length shall be limited as provided by Section 166.10 of
this chapter.
5. Proposed Streets. Proposed streets shall be extended to the
boundary lines of the tract to be subdivided, unless prevented by
topography or other physical conditions, or unless in the opinion of the
Commission such extension is not necessary or desirable for the
coordination of the layout of the subdivision with the existing layout or
the most advantageous future development or adjacent tracts.
6. New Perimeter Streets. Street systems shall be laid out so as to
avoid perimeter half-streets. The Commission may authorize a new
perimeter street where the subdivider improves and dedicates the entire
required street right-of-way width within his or her own subdivision
boundaries.
7. Reserve Strips. The creation of reserve strips shall not be
permitted adjacent to a proposed street in such a manner as to deny
access from adjacent property to such street.
8. Widening and Realignment of Existing Roads. Where a
subdivision borders an existing narrow road or when the Comprehensive
Plan indicates plans for realignment or widening a road that would
require use of some of the land in the subdivision, the applicant shall be
required to dedicate such areas as are required for widening or
realignment of such roads. The Council may at its discretion require that
such streets also be improved by the subdivider at his or her own
expense to the full width as required by these subdivision regulations.
Land reserved for any road purposes shall not be counted in satisfying
yard or area requirements of the Zoning Regulations.

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9. Alleys. Alleys may be required in business and industrial

subdivisions for adequate access to block interiors and to off-street
loading and parking spaces, but shall as a rule not be permitted in
residential subdivisions.
10. Railroads and Limited Access Highways. Railroad rights-of-way
and limited access highways where so located as to affect the
subdivision of adjoining lands shall be treated as follows:
A. In residential districts a buffer strip at least 25 feet in depth
in addition to the normal depth of the lot required in the district
shall be provided adjacent to the railroad right-of-way or limited
access highway. This strip shall be part of the platted lots and
shall be designated on the plat: “This strip is reserved for
screening. The placement of structures hereon is prohibited.”
B. In districts zoned for business, commercial, or industrial
uses the nearest street extending parallel or approximately parallel
to the railroad shall, wherever practicable, be at a sufficient
distance therefrom to ensure suitable depth for commercial or
industrial sites.
C. Streets parallel to the railroad when intersecting a street
which crosses the railroad at grade shall to the extent practicable,
be at a distance of at least 150 feet from the railroad right-of-way.
Such distance shall be determined with due consideration of the
minimum distance required for future separation of grades by
means of appropriate approach gradients.
11. Bridges. Bridges of primary benefit to the subdivider, as
determined by the Council, shall be constructed at the full expense of the
applicant without reimbursement from the City. The sharing expense for
the construction of bridges not of primary benefit to the applicant as
determined by the Council will be fixed by special agreement between
the Council and the subdivider. Said cost shall be charged to the
subdivider pro rata as the percentage of his or her land developed and so
served.
12. Street Names. Street names shall be sufficiently different in
sound and in spelling from other streets’ names in the City so as not to
cause confusion. A road which is or is planned as a continuation of an
existing road shall bear the same name.
13. Traffic Regulatory Signs. The applicant shall deposit with the
local government at the time of final subdivision approval the sum of
fifty dollars ($50.00) for each road sign required by the City Engineer at

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all road intersections. The City shall install all road signs before
issuance of certificates of occupancy for any residence on the streets
approved.
14. Street Name Signs. Street name signs shall be provided at the
subdivider’s expense at all intersections within or abutting the
subdivision. The type and location of said signs shall be recommended
by the City Engineer and approved by the Council.
15. Street Lights. Street lights shall be installed at the subdivider’s
expense in accordance with design and specification standards
recommended by the City Engineer and approved by the Council.
166.10 STREETS – DESIGN STANDARDS.

1. Rights-of-way. Street rights-of-way shall have a minimum width
as shown in the Comprehensive Plan for the type of street involved.
2. Surfacing and Improvements. All roadways to be dedicated to the
City shall be surfaced with six (6) inches of Portland Cement concrete
with integral curb and gutter. Minimum pavement width for local streets
shall generally be thirty-one (31) feet, but pavement widths of thirty-six
(36) feet may be required by the Council where such additional width is
deemed to be in the public’s interest. Said improvements and surfacing
shall be in accordance with design specifications and standards
recommended by the City Engineer and approved by the Council prior to
final plat endorsement, and shall whenever possible be installed by the
subdivider after sewer and water utilities have been installed by the
subdivider. Adequate provisions shall be made for culverts, drains and
bridges.
3. Minimum Radius of Curves. Minimum radius of curves shall be
one hundred (100) feet on the centerline for any residential local or
collector street, and two hundred (200) feet on any commercial/
industrial, local or collector street. Minimum radius for any arterial
street shall be three hundred (300) feet on the centerline, except that the
Council may require a larger radius upon recommendation from the City
Engineer.
4. Minimum Length of Tangents. Minimum length of tangents
between reverse curves shall be one hundred (100) feet for any local
residential street and one hundred fifty (150) feet for any residential
collector street. Minimum length of said tangent for any local or
collector commercial/industrial street shall be two hundred (200) feet,
and minimum tangent for any arterial shall be three hundred (300) feet.

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5. Permanent Cul-de-sacs. Permanent cul-de-sacs may be permitted

if such arrangement will improve the subdivision design, but shall in no
case exceed five hundred (500) feet in length or serve more than fourteen
(14) dwelling units. Minimum pavement width shall be thirty-one (31)
feet. A circular turn-around shall be provided having a minimum right-
of-way radius of fifty-five (55) feet and a minimum pavement curb
radius of forty-five (45) feet. Temporary dead-end streets shall not
exceed one thousand (1,000) feet in length nor serve more than twenty-
five (25) dwelling units, and shall be provided with a temporary
turnabout as provided by Section 166.09(3) of this chapter. Said
temporary turnabout shall be surfaced with a dust-retardant surfacing as
approved by the Council.
6. Cross-slope On All Street. The cross-slope on all streets,
including intersections, shall not exceed three percent (3%).
7. Intersections.
A. Streets shall be laid out so as to intersect as nearly as
possible at right angles. A proposed intersection of two (2) new
streets at an angle of less than seventy-five degrees (75º) shall not
be acceptable. An oblique street should be curved approaching an
intersection and should be approximately at right angles for at
least one hundred (100) feet therefrom. Not more than two (2)
streets shall intersect at any one point unless specifically approved
by the Council.
B. Proposed new intersections along one side of an existing
street should, wherever practicable, coincide with any existing
intersections on the opposite side of such street. Street jogs with
centerline offsets of less than one hundred fifty (150) feet shall
not be permitted, except where specifically approved by the
Council. Where any major street is intersected by another street,
the alignment of said intersecting street shall generally be
continuous.
C. Minimum curb radius at the intersection of two (2) local
streets shall be at least twenty (20) feet; and minimum curb radius
at an intersection involving a collector or arterial street shall be at
least twenty-five (25) feet; provided that at any intersection where
a curb radius has been previously established, such radius shall be
used as standard. Alley intersections and abrupt changes in
alignment within a block shall have the corners cut off in
accordance with standard engineering practice to permit safe
vehicular movement.

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D. Where any street intersection will involve earth banks or

existing vegetation inside any lot corner that would create a traffic
hazard by limiting visibility, the developer shall cut such ground
and/or vegetation (including trees) in connection with the grading
of the public right-of-way to provide an adequate sight distance.
166.11 DRAINAGE AND STORM SEWERS.

1. General Requirements. The Council shall not approve any plat of
subdivision which does not make adequate provision for drainage of
storm or flood water runoff. The storm water drainage system shall be
separate and independent of any sanitary sewer system. Storm sewers,
where required, shall be designed according to the method recommended
by the City Engineer and approved by the Council, and a copy of design
computations shall be submitted along with plans. Inlets should be
provided so that surface water is not carried across any intersection, nor
for a distance of more than six hundred (600) feet in the gutter. When
calculations indicate that curb capacities are exceeded at a point, no
further allowance shall be made for flow beyond that point, and basins
shall be used to intercept flow at that point. Surface water drainage
patterns shall be shown for each and every lot and block.
2. Drainage. The applicant may be required by the Council to carry
away by pipe or open ditch any spring or surface water that may exist
either previously to, or as a result of the subdivision. Such drainage
facilities shall be constructed in accordance with the construction
standards and specifications approved by the Council.
3. Storm Sewers. Underground storm sewers systems shall be
constructed throughout the subdivision and connected to an existing
storm sewer if feasible. If no suitable outlets are available with a
reasonable distance but a public storm sewer will be provided
eventually, as determined by the City Engineer and the Council, the
developer shall make arrangements for future storm water disposal by a
public utility system at the time the plat receives final approval.
Provision for such connection shall be included in the performance bond
or escrow agreement required for the subdivision plat. The subdivider
shall also provide a suitable interim outfall or drainage system as
4. Accommodation of Upstream Drainage Areas. A culvert or other
drainage facility should in each case be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the subdivision. The City Engineer shall determine the
necessary size of the facility, based on the provisions of the construction

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standards and specifications assuming conditions of maximum potential

watershed development as established by land uses projected in the
Comprehensive Plan, and as permitted by the zoning regulations
applicable to such land uses.
5. Effect on Downstream Drainage Areas. The City Engineer shall
also study the effect of each subdivision on existing downstream
drainage facilities outside the area of the subdivision. Local government
drainage studies together with such other studies as shall be appropriate,
shall serve as a guide to needed improvements. Where it is anticipated
that the additional runoff incident to the development of the subdivision
will overload an existing downstream drainage facility, the Council may
withhold approval of the subdivision until provision has been made for
the improvement of said potential condition in such sum as the Council
shall determine.
6. Subdivision Approval. No subdivision shall be approved unless
adequate drainage will be provided to an adequate drainage watercourse
or facility.
7. Dedication of Drainage Easements.
A. Where a subdivision is traversed by a watercourse,
drainageway, channel, or stream, there shall be provided a storm
water easement or drainage right-of-way conforming substantially
to the lines of such watercourse, and of such width and
construction as will be adequate for the purpose. Wherever
possible, it is desirable that the drainage be maintained by an open
channel with landscaped banks and adequate width for maximum
potential volume of flow.
B. Where topography or other conditions are such as to make
impractical the inclusion of drainage facilities within the road
rights-of-way, perpetual unobstructed easements at least fifteen
(15) feet in width for such drainage facilities shall be provided
across property outside the road lines and with satisfactory access
to the road. Easements shall be indicated on the plat. Drainage
easements shall be carried from the road to a natural watercourse
or other drainage facilities.
C. When a proposed drainage system will carry water across
private land outside the subdivision, appropriate drainage rights
shall be secured and indicated on the plat.
D. The Council may require dedication to the City, either in
fee or by drainage or conservation easement, of land on both sides

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of existing watercourses, to a distance to be determined by the

Commission or City Engineer, if such dedication is deemed
necessary to assure preservation of said watercourses,
drainageways, channels, or streams.
E. Low-lying lands along watercourses subject to flooding or
overflowing during storm periods, whether or not included in
areas for dedication, shall be preserved and retained in their
natural state as drainage ways. Such land or lands subject to
periodic flooding shall not be computed in determining the
number of lots to be utilized for planned unit development or for
computing the area requirement of any lot.
166.12 WATER FACILITIES.

1. Public Water.
A. Where a public water main is accessible the subdivider
shall install adequate water facilities (including fire hydrants) in
accordance to the plans and specifications adopted by the
Council. All water mains shall be at least six (6) inches in
diameter, and shall be properly valved and looped where feasible
to insure adequate water pressure.
B. To facilitate the above, the location of all fire hydrants, all
water supply improvements, and all development proposed to be
served shall be shown on the preliminary plat, and the cost of
installing same shall be included in the performance bond to be
furnished by the subdivider.
2. Individual Wells and Central Water Systems.
A. In low-density zoning districts, in the discretion of the
Council, if a public water system is not available, individual wells
may be used or a central water system provided in such a manner
that an adequate supply of potable water will be available to every
lot in the subdivision. Water samples shall be submitted to the
Health Department for its approval, and individual wells and
central water systems shall be approved by the appropriate health
authorities. Orders of approval shall be submitted to the Council.
B. If the Council requires that a connection to a public water
main be eventually provided as a condition to approval of an
individual well or central water system, the applicant shall make
arrangements for future water service at the time the plat receives
final approval. Performance or cash bonds may be required to
insure compliance.

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3. Fire Hydrants. Fire hydrants shall be required for all subdivisions

except those with approved individual wells. Fire hydrants shall be
located as approved by the Council after recommendation from the Fire
Department. To eliminate future street openings, all underground
utilities for fire hydrants, together with the fire hydrants themselves and
all other supply improvements shall be installed before any final paving
of a street shown on the subdivision plat.
166.13 SANITARY SEWER FACILITIES. Sanitary sewer facilities shall

be provided by the subdivider for each lot in accordance with the general
regulations listed below and with design specifications and plans approved by
the Council prior to final plat endorsement. The Council may seek
recommendation from the City Engineer in determining design criteria for said
facilities.
1. Public Sanitary Sewer. Where a public sanitary sewerage system
is reasonably accessible the subdivider shall connect with same and
provide sewers accessible to each lot in the subdivision. Design criteria
for slope, size, manhole locations, manhole and pipe elevations,
materials, construction techniques, and other considerations shall be
reviewed by the City Engineer and approved by the Council.
A. Sanitary sewer systems shall be designed for the ultimate
tributary population. Due consideration should be given to
current zoning regulations and approved planning and zoning
reports where applicable. Sewer capacities should be adequate to
handle the anticipated maximum hourly quantity of sewerage and
industrial waste together with an adequate allowance for
infiltration and other extraneous flow.
B. The diameter of sewers proposed shall not exceed the
diameter of the existing or proposed outlet, whichever is
applicable, unless otherwise approved by the City Engineer.
C. No public sewer shall be less than eight (8) inches in
diameter.
D. Sewers shall generally be located within street or alley
rights-of-way unless topography dictates otherwise. Where
sewers are located in easements on private property, access shall
be provided to all manholes.
E. Adequate provisions shall be made to prevent any sewage
from entering any source of potable water. The Council may
require a minimum horizontal distance of ten (10) feet to be
maintained between parallel water and sewer lines or for sewer

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lines to be installed at least two (2) feet below any water main, or
other precautions.
F. Storm sewerage, foundation drains, roof drains and similar
installations shall not be connected to the sanitary sewer system
unless expressly permitted by the Council.
2. Individual Sewerage Systems. If public sanitary sewer facilities
are not available when the subdivision is platted and individual disposal
systems are proposed, minimum lot areas shall conform to the
requirements of the Zoning Regulations and percolation tests and test
holes shall be made as directed by the Health Department and the results
submitted with design specifications for the individual disposal
system(s), including the size of the tile fields or other secondary
treatment device, at the time the preliminary plat is submitted for review
by the Commission. Said systems shall be approved by the Commission
and Council. Cesspools shall not be permitted.
A. Where public sanitary sewerage systems are not reasonably
accessible but will become available within a period of not to
exceed fifteen (15) years as determined by the Council, the
Council may require that the subdivider install sanitary sewer
lines, laterals, and mains within the subdivision to a point in the
subdivision boundary where a future connection with the public
sewer shall be made. Sewer lines shall be laid to the house from
the street lines, and a connection shall be available in the home to
connect from the individual disposal system to said sewer system
when the public sewer becomes available. Such sewer shall be
capped until ready for use and shall conform to all plans for
installation of the public sewer system, where such exist, and
shall be ready for connection to such public sewer mains.
Provisions shall be made in the performance bond or escrow
agreement for installation and dedication of said system.
B. If a public sewer is accessible and a sanitary sewer is
placed in a street or alley abutting upon property, the owner
thereof may be required to connect to said sewer for the purpose
of disposing waste, and it may be deemed unlawful for any such
owner or occupant upon such property to operate and maintain an
individual sewage disposal system.
166.14 UTILITIES. The Council shall require all utility facilities, including
but not limited to gas, electrical lines of nominal voltage not in excess of
15,000 volts, telephone, and CATV cables, to be located underground
throughout the subdivision. Wherever existing utilities are located above

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ground, except where existing on public roads and rights-of-way, they shall be
removed and placed underground. All utility facilities existing and proposed
and their easement throughout the subdivision shall be shown on the plat. The
subdivider shall be responsible for making the necessary arrangements with the
utility companies for installation of such facilities. Said utility lines shall be
installed in a manner so as not to interfere with other underground utilities.
Said lines which cross underneath the right-of-way of any street, alley, or way
shall be installed prior to the improvement of any such street, alley, or way.
Incidental appurtenances, such as transformers and their enclosures, pedestal
mounted terminal boxes, meters and meter boxes may be placed above ground
but shall be located so as not to be unsightly or hazardous to the public. If
overhead utility lines or wires are permitted, they shall be placed in the
easements provided in the rear of the lots. In their determination on whether or
not to require underground utilities, the Council and Commission may consider
that soil, topographical or other conditions make such installations within the
subdivision unreasonable or impractical.
166.15 EASEMENTS. Easements for utilities (private and public) may be

required along rear or side lot lines where deemed necessary. Such easements
shall be at least ten (10) feet wide.
166.16 SIDEWALKS. Sidewalks shall be required along both sides of any

street. Sidewalks shall be at least four (4) feet wide when located along a local
street, and may be required to be five (5) feet wide or more when along any
collector or arterial street. Said walks shall be located one (1) foot inside the
street right-of-way line and shall be constructed according to the design
specifications approved by the Council. The Commission or Council may
require, in order to facilitate pedestrian access from the roads to schools, parks,
playgrounds, or other nearby roads, perpetual unobstructed easements or
dedicated rights-of-way at least twenty (20) feet in width for provision of
sidewalks. Such easements or rights-of-way shall be indicated on the plat.
166.17 ACRE SUBDIVISIONS. Whenever the area is divided into lots

larger than ordinarily used in the area for building purposes, and there is reason
to believe that such lots will eventually be re-subdivided into smaller building
lots, consideration shall be given to the street and lot arrangement of the
original subdivision so that additional minor streets can be opened which will
permit a logical arrangement of smaller lots. Easements or deeds providing for
the present or future opening and extension of such streets, may, at the
discretion of the Council, be made a condition of the approval of the plat.
166.18 DEDICATION AND RESERVATION OF LAND FOR OPEN

SPACE AND RECREATIONAL FACILITIES. In order to provide for the

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proper location and preservation of adequate open spaces and sites for public
uses; to safeguard the health, safety, and welfare of the public by providing safe
places for children to play and for adequate recreational areas within new
subdivisions and developments in the City, and to apportion most equitably the
cost of providing the public school, park, and recreation sites and facilities
necessary to serve the additional number of people brought into the community
by subdivision development on basis of the additional need created by such
developments, the following provisions are established.
1. Procedure.
A. Consideration shall be given in the design of a residential
subdivision plat to the provision of adequate and suitable open
space and recreational areas for use by the inhabitants of the
subdivision. The owner or subdivider of the land to be
subdivided, at the time of filing a preliminary plat with the Clerk
for consideration by the Commission shall indicate whether he or
she desired to dedicate or reserve property for open space and
recreational purposes, or whether he or she desires to pay a fee in
lieu thereof. If he or she desires to dedicate or reserve land for
this purpose, he or she shall designate the area thereof on the
preliminary plat as submitted.
B. The Commission and Council shall review such plat, and
where the Commission and Council determine pursuant to this
section that open space and recreational areas are necessary and
required and are feasible and compatible with the comprehensive
plan for development of the City, the subdivider shall provide and
dedicate to the public adequate land to provide for said open
space and recreational needs of the subdivision.
C. Where such dedication is not feasible or compatible with
the comprehensive plan as determined by the Council upon
recommendation by the Commission, the subdivider shall in lieu
thereof pay to the City a fee or combination of fee and land,
equivalent to the value of the required dedication as provided by
subsection (2)(B) of this section.
D. Such dedication or payment of fees in lieu thereof shall be
made as condition of final plat approval and shall be
accomplished prior to endorsement of final plat and recording of
same. Where dedication is required, it shall be accomplished by
providing to the Council a properly executed warranty deed
dedicating the required land to the City without cost to the City.
Where fees in lieu of dedication are required, the same shall be

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deposited with the Clerk for deposit in a special fund as provided

by subsection (2)(B) of this section.
2. Amount of Dedication. Dedication of land or payment of fees in
lieu thereof for public open space and recreational facilities shall be
required for all residential subdivisions, but shall not be required for any
commercial or industrial subdivisions. The provisions of this section are
minimum standards and shall not be construed as prohibiting a developer
from dedicating or reserving other land for recreational or open space
purposes in addition to these requirements.
A. The amount of land to be dedicated by the subdivider for
public open space and recreation facilities as provided by this
chapter shall not be less than seven hundred (700) square feet per
dwelling unit.
B. Where the Council determines that a suitable park or parks
cannot be properly located in the area covered by any such plat,
or if the application of the standard for dedication of lands would
result in open space sites too small to be used, or if the
Comprehensive Plan calls for such neighborhood open space to
be located elsewhere, the subdivider shall in lieu thereof pay to
the City a fee, the amount of such to be based upon the fair
market value of the amount of land which would otherwise be
required to be dedicated. “Fair market value” shall be determined
as of the time of filing the final plat in accordance with the
following: the fair market value as determined by the Council
based on current appraisals; or, if the subdivider objects to such
amount of evaluation, he or she may, at his or her own expense,
obtain an appraisal of property by a qualified real estate appraiser
approved by the City, which appraisal may be accepted by the
Council if found reasonable; or the City and subdivider may agree
as to the fair market value. All funds so levied, assessed and
collected by the City shall be deposited as a non-lapsing special
fund to be known and designated as the “Open Space and
Recreational Facilities Improvement Fund.” Said funds shall be
used exclusively for immediate or future site acquisition and
development and shall be used only for the purpose of providing
open space and recreational facilities that will be available to and
benefit the future inhabitants of the subdivision for which they
were collected. Any and all interest accumulated upon such funds
shall be added to the Open Space and Recreational Facilities
Improvement Fund and shall be used only for acquisition and
development of open space and recreational facilities.

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C. Where private open space for park and recreational

purposes is provided in a proposed subdivision or planned unit
development and such space is to be privately owned and
maintained by the future residents of the subdivision, such areas
shall be credited against the requirements of dedication for park
and recreation purposes, as set forth in subsection (1)(A) of this
section, or the payment of fees in lieu thereof, as set forth
subsection (2)(B) hereof, provided the Council finds it is in the
public interest to do so, and that the following standards are met:
(1) That yards, court areas, setbacks and other open
areas required to be maintained by the zoning and building
regulations shall not be included in the computation of
such private open space; and
(2) That the private ownership and maintenance of the
open space is adequately provided for by written
agreement; and
(3) That the use of the private open space is restricted
for park and recreational purposes by recorded covenants
which run with the land in favor of the future owners of the
property within the tract and which cannot be defeated or
eliminated without the consent of the Council; and
(4) That the proposed private open space is reasonably
adaptable for use for park and recreational purposes, taking
into consideration such factors as size, shape, topography,
geology, access, and location of the private open space
land; and
(5) That facilities proposed for the open space are in
substantial accordance with the provisions of the
recreational element of the Comprehensive Plan, and are
3. Reservation of Open Space, Recreational Facilities, and School
Sites. If the Comprehensive Plan requires public open space and/or
recreation facilities larger than that area required to be dedicated, or a
proposed school site is located within the area to be subdivided, the
Council may require the subdivider to reserve additional area in excess
of the dedication requirements of this chapter for purchase by the
appropriate agency. Park and other public recreational sites are to be
reserved for purchase within two (2) years of the recording date of the
subdivision. School sites shall be reserved for four (4) years, giving the
school district the option of purchase. The purchase price in all cases

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shall be at the appraised raw land value prior to subdivision plus one-
half (½) of the cost of grading and paving, including curb, of that portion
of any street contiguous to the site. Should the park or school sites not
be purchased within the time limits specified above, the subdivider may
then sell them for an alternate purpose as shown on the approved
subdivision plat.
4. Location and Design Criteria. The Council shall determine
whether dedication, reservation, or payment of fees in lieu of dedication
or a combination of cash, dedication, and reservation shall be required.
In making such decision, the Council shall consider the following:
A. Recreation element of the City’s Comprehensive Plan.
B. The size and shape of the land available for dedication.
The dedicated land shall form a single parcel of land except
where the Council determines that two or more parcels would be
in the public interest, in which case the Council may require that
the parcels be connected by a path or strip of land not less than
fifteen (15) feet wide. In general, no parcel less than two (2)
acres should be reserved for recreational purposes if it will be
impractical or impossible to secure additional lands to increase its
area. The shape of the dedicated parcel should accommodate
development of recreational facilities suitable to the subdivision
said parcel is intended to serve.
C. The dedicated land shall be located so to be reasonably
accessible to all inhabitants of the subdivision it is intended to
serve. Public access to the dedicated land shall be provided either
by adjoining street frontage or public easements to the dedicated
parcel. The easements shall be sufficiently wide so that
maintenance equipment will have reasonably convenient access to
the land.
D. Site Suitability. A minimum of sixty percent (60%) of the
parcel to be dedicated shall be suitable for dry ground recreational
use. Fifty percent (50%) of the area suitable for dry ground
recreational use should not exceed three percent (3%) grade, and
the remainder of such area should not exceed five percent (5%)
grade. Exceptions to the preceding may be given in cases of
exceptional topography or natural amenities.
E. Existing or proposed open space and recreational facilities
in adjoining lands which may serve in whole or in part the open
space and recreational needs of the development.

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F. Any and all other relevant information.

The determination of the Council as to whether land shall be dedicated
or reserved or a fee paid, or combination thereof, shall be final and
conclusive.
5. Development and Maintenance. It is the duty of the City to
properly develop and maintain the dedicated area for open space and
recreational facilities, and the subdivider shall in no way be responsible
for development, maintenance, or liability thereof except that said
subdivider shall not develop the surrounding area in a manner which
would unduly depreciate the purpose, use of value of the dedicated
property. Where the land required for open space and recreational
purposes and facilities is retained in private ownership, it shall be the
owner’s responsibility to properly develop and maintain said area.
6. Time of Commencement. At the time the final plat is approved
and requirements of this chapter met, the Council shall establish a
reasonable time table for the development of the park and recreational
facilities.
166.19 PRELIMINARY PLAT REQUIREMENTS.

1. The preliminary plat shall be drawn to a scale of 1" = 100' or
larger, and shall be plainly marked as “Preliminary Plat.”
2. The preliminary plat shall include and show the following
information.
A. Proposed name of the subdivision, which shall not
duplicate or resemble previously filed plat names.
B. Location of boundary lines in relation to section or quarter
section lines, including a legal description of the property.
C. Names and addresses of the developer and engineer,
surveyor or land planner preparing the plat.
D. Vicinity sketch showing location of the tract. The vicinity
sketch shall show street alignment of existing and proposed
subdivision. The vicinity sketch shall not exceed the scale of one
inch equals five hundred (500) feet.
E. North point (which shall be directed to the top or right side
of the plat), scale and date.
F. Location, width and name of each existing or platted street
within the proposed subdivision and within two hundred (200)
feet thereof; location and width of other public ways, railroads,

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utility right-of-way or easements, park, and other public open

spaces within the proposed subdivision.
G. All existing sewers, water mains, culverts, and other
underground installations within the proposed subdivision or
immediately adjacent thereto and the location of the nearest
available facility.
H. Existing contours at intervals adequate to portray existing
and proposed conditions, referred to town datum; also the
locations of water courses, bridges, wooded areas and such other
topographic features as may be pertinent to the subdivision.
I. Existing and proposed zoning of proposed subdivisions
and existing zoning of adjacent tracts.
J. The location and width of proposed streets, roadways,
alleys, pedestrian ways and easements.
K. The general location and character of proposed surface
storm drainage and sanitary sewer facilities.
L. Layout, numbers and approximate dimensions of lots and
the number or each block.
M. Location and size of any proposed school sites, parks,
playgrounds, churches or other public lands in accordance with
the Comprehensive Plan, to be considered for sale or dedication
to public use.
N. Draft of protective covenants whereby subdivider proposes
to regulate land subdivision and otherwise protect development
including any covenants necessary to protect adjoining property
rights.
O. The solar access plan including the shadows that would be
cast by buildings.
P. Location of proper street lighting is necessary to ensure
pedestrian and vehicular safety.
166.20 FINAL PLAT – PREPARATION AND FILING. Following

approval of the preliminary plat, the subdivider shall cause to be prepared a
final plat and other material required in filing for final approval. Application
for final approval shall consist of filing with the Clerk the reproducible final
plat and five (5) copies and such additional information outlined here:

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1. Final Plat drawn to the scale of 1" = 100'. The final plat may
include all or only part of the preliminary plat and shall include or
indicate the following:
A. Accurate tract boundary lines with dimensions and angles
which provide a survey of the tract, closing with an error of not
more than one (1) foot in three thousand (3,000) feet.
B. Property line of residential lots and other sites with
accurate dimensions of all straight lines and arcs, bearings of
property lines or other means of accurately locating property
lines.
C. Accurate bearings and distances to known monuments.
D. Accurate locations of existing and recorded streets
intersecting the boundaries of the tract.
E. Accurate legal description of the property.
F. Proposed street names.
G. Complete and accurate curve data having all but not
limited to the following information:
(1) Length of all tangents
(2) The angle of intersection between tangents of the
curve.
(3) The degree of curvature for each curve.
(4 ) The radius of each curve.
(5) The length of the curve.
(6) Complete data on any easement, transition, or spiral
curves used.
H. Street right-of-way lines.
I. Lot and block numbers.
J. Property to be dedicated or reserved for public, semi-
public, or community use, with accurate dimensions.
K. Markers or monuments indicating location, type of
material, and size.
L. Subdivision name.
M. Name and address of the owner and subdivider.
N. North point, scale, and date.

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O. Certification by a registered land surveyor of the State of

Iowa.
P. Certification of dedication of streets and other public
property.
Q. Final Approval by Council and Commission with signature
and date spaces for Mayor and Clerk and Commission
Chairperson respectively.
R. Building setback lines.
S. Sizes and location of utilities and, unless waived by the
Council, certification by an engineering firm acceptable to the
Council, that the public water and sewer system is adequate to
serve the development.
2. Other Required Documents.
A. A statement by the proprietors and their spouses, if any,
that the plat is prepared with their free consent and in accordance
with their desire, signed and acknowledged before an officer
authorized to take the acknowledgments of deeds. The statement
by the proprietors may also include a dedication to the public of
all lands within the plat that are designated for streets, alleys,
parks, open areas, school property, or other public use, if the
dedication is approved by the Council;
B. A statement from the mortgage holders or lienholders, if
any, that the plat is prepared with their free consent and in
accordance with their desire, signed and acknowledged before an
officer authorized to take the acknowledgment of deeds. An
affidavit and bond as provided for in Section 354.12 of the Code
of Iowa may be recorded in lieu of the consent of the mortgage or
lienholder. When a mortgage or lienholder consents to the
subdivision, a release of mortgage or lien shall be recorded for
any areas conveyed to the City or dedicated to the public.
C. An opinion by an attorney-at-law who has examined the
abstract of title of the land being platted. The opinion shall state
the names of the proprietors and holders of mortgages, liens or
other encumbrances on the land being platted and shall note the
encumbrances, along with any bonds securing the encumbrances.
Utility easements shall not be construed to be encumbrances for
the purpose of this section.
D. A certificate of the County Treasurer that the land is free
from certified taxes and certified special assessments or that the

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land is free from certified taxes and that the certified special
assessments are secured by bond in compliance with Section
354.12 of the Code of Iowa.
E. Restrictive covenants, if any, in form for recording.
F. Certified statement of the Clerk indicating that the
subdivider has the subdivider’s estimate for improvements to be
installed and a statement from the Clerk concurring with the
subdivider’s estimate of cost for improvements.
G. A resolution and certificate for approval by the Council
and for signatures of the Mayor and Clerk.
H. All formal irrevocable offers of dedication to the public of
all streets, City uses, utilities, parks, and easements, in a form
approved by the City Attorney; and the subdivision plat shall be
marked with a notation indicating the formal offers of dedication
as follows:
The owner, or representative, hereby irrevocably offers
for dedication to the City all the streets, city uses,
easements, parks and required utilities shown within
the subdivision plat and construction plans in
accordance with an irrevocable offer of dedication
dated _______________________ and recorded in the
County Recorder of Deeds Office.
By _______________________
Owner or Representative
Date: _______________
The applicant shall deliver a full covenant and
warranty deed to all such lands in proper form for
recording together with a title policy for the local
government in the sum not less than ten thousand
dollars ($10,000) which sum shall be determined by
the local government attorney before signing of the
final subdivision plat.
166.21 EXCEPTIONS.
1. Special Exceptions Use. Whenever the tract to be subdivided is
of such unusual topography, size or shape that the strict application of
the requirements contained in these regulations would result in
substantial non-self-inflicted hardships, the Council, upon
recommendation of the Commission, may vary or modify such

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requirements so that the subdivider is allowed to develop his property in

a reasonable manner, provided that such variance or modification will
not have the effect of nullifying the intent and purpose of this chapter or
of interfering with carrying out the Comprehensive Plan of the City.
2. Petition for Variance. A petition for any such variance shall be
submitted in writing by the subdivider at the time when the preliminary
plat is filed for the considerations of the Commission. The petition shall
state fully the grounds for the application and all of the facts relied upon
by the petitioner.
166.22 PENALTY FOR VIOLATION. Any person being the owner or

agent of the owner of any land located within or adjacent to the City who
knowingly or with intent to defraud transfers or sells, by reference to or
exhibition of, or by other use of a plat of subdivision of such land before such
plat has been approved by the Commission, shall forfeit and pay the penalty of
not more than one hundred dollars ($100.00) for each lot so transferred or sold
or agreed or negotiated to be sold, and a description by metes and bounds shall
not exempt the transaction from such penalties.
166.23 FAILURE TO COMPLETE IMPROVEMENTS. For subdivisions

for which no performance bond has been posted, if the improvements are not
completed within the period specified by the Council in the resolution
approving the plat, the approval shall be deemed to have expired. In those
cases where a performance bond has been posted and required improvements
have not been installed within the terms of such performance bond, the City
may thereupon declare the bond to be in default and require that all the
improvements be installed regardless of the extent of the building development
at the time the bond is declared to be in default.
166.24 PROCEDURE FOR IMPROVEMENTS. The applicant shall be

responsible for the design and construction of all public and private
improvements within the subdivision including any necessary improvements
adjoining the subdivision to provide services to the subdivision. Then the City,
on a case-by-case basis, may initiate a public improvement project to provide
for the design and construction of any public improvement which may be
located within the subdivision. If the City elects to initiate a public
improvement project for one or more public improvements, the applicant shall
be responsible for that portion of the cost of the public improvement which
would be proportioned to the applicant’s property by special assessment,
agreement or such other means as may be approved by the City.
166.25 ACCEPTANCE OF DEDICATION OFFERS. Acceptance of

formal offers of dedication of streets, public. areas, easements, and parks shall

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be by resolution of the Council. The approval by the Council of a subdivision

plat shall not be deemed to constitute or imply the acceptance by the City of
any street, easement, or park shown on said plat. The Council may require said
plat to be endorsed with appropriate notes to this effect.
166.26 INSPECTION OF IMPROVEMENTS.

1. General Procedure and Fees. The Council shall provide for
inspection of required improvements during construction and insure their
satisfactory completion. The applicant shall pay to the local government
the cost of the inspection fees which shall include inspection of water
mains, sewer, streets, or any other required improvements, and the
subdivision plat shall not be signed by the Mayor unless such fee has
been paid at the time of application. These fees shall be due and payable
upon demand of the City and no building permits or certificates of
occupancy shall be issued until all fees are paid. If the City Engineer
finds upon the inspection that any of the required improvements have not
been constructed in accordance with the approved construction standards
and specifications, the applicant shall be responsible for completing the
improvements according to such standards and specifications. Wherever
the cost of improvements is covered by a performance bond, the
applicant and the bonding company shall be severally and jointly liable
for completing the improvements in accordance with the standards and
specifications approved by the Council.
2. Release or Reduction of Performance Bond. The City shall not
accept dedication of required improvements or release or reduce a
performance bond until the City Engineer has submitted a certificate
stating that all required improvements have been satisfactorily completed
and until the applicant’s engineer or surveyor has certified to the City
Engineer, through submission of detailed “as-built” survey plat of the
subdivision, indicating location, dimensions, materials, and other
information required by the Commission, Council, or City Engineer, that
the layout of the line and grade of all public improvement is in
accordance with construction plans for the subdivision and that a title
insurance policy has been furnished to and approved by the City
Attorney indicating that the improvements shall have been completed,
are ready for dedication to the local government and are free and clear of
any and all liens and encumbrances. Upon such approval and
recommendation, the Council shall thereafter accept the improvements
for dedication in accordance with the established procedure. A
performance bond shall be reduced upon actual dedication of public
improvements and then only to the ration that the public improvement
dedicated bears to the total public improvements for the plat. In no event

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shall a performance bond be reduced below twenty-five percent (25%)

of the principal amount.
166.27 MAINTENANCE OF IMPROVEMENTS. The applicant shall be

required to maintain all improvements on the individual subdivided lots and
provide for snow removal on streets and sidewalks, if required, until acceptance
of said improvements by the City. If there are any occupancy permits on a
street not dedicated to the City, the City may, on twelve (12) hours’ notice,
plow the street or effect emergency repairs and charge same to applicant. The
applicant shall be required to file a maintenance bond with the Council, prior to
dedication, in an amount considered adequate by the City Engineer and in a
form satisfactory to the City Attorney, in order to assure the satisfactory
condition of the required improvements for a period of time in accordance with

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the schedule below. Said time shall run from the date of their acceptance by the
Council and dedication of same to the City.
Type of Maintenance Bond Bonding Period

Pavements 4 years
Sanitary Sewer 2 years
Storm Sewer 2 years
Sidewalk 2 years
166.28 CHANGES AND AMENDMENTS. Any provisions of these

regulations may be changed and amended from time to time by the Council,
provided, however, that such changes and amendments shall not become
effective until after study and report by the Commission and until after a public
hearing has been held, public notice of which shall be given in a newspaper of
general circulation at least seven (7) days and not more than fifteen (15) days
prior to such hearing.

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CHAPTER 167
PLANNED UNIT DEVELOPMENT DISTRICT, PUD

167.01 Purpose 167.05 Process for City Review of Planned Unit
167.02 Minimum Size, Land Use and Density Development
167.03 Master Plan 167.06 Modifications
167.04 Rules and Regulations, Guidelines for Land
Use and Performance
167.01 PURPOSE. The PUD District is intended to provide for the

development or redevelopment of land under the control and in accordance with
a Master Plan and development guidelines and standards in which the land uses,
transportation elements, building densities, arrangements and types are set out
in a unified plan, which may provide greater flexibility of land uses, transfer of
development rights with the PUD, and building locations than the conventional
zoning district may permit. The PUD district is intended to maximize benefits
from the use of open spaces, maximize aesthetics, encourage certain
architectural standards for buildings, and permit mixed uses and diversity of
bulk regulations without endangering the health, safety, welfare and land value
of surrounding and internal properties. A PUD may consist of a mix of land
uses or residential, commercial and limited industrial, provided such Planned
Unit Development is compatible with the Comprehensive Plan of the City.
167.02 MINIMUM SIZE, LAND USE AND DENSITY. A PUD district

shall consist of at least (5) five acres, the land uses shall be permitted in
accordance with the Comprehensive Plan of the City, and the density of the
PUD shall not be in excess of the density permitted be the Comprehensive Plan.
167.03 MASTER PLAN. As part of a proposed PUD rezoning of the land of

Perry, a master plan shall be prepared and seven (7) copies submitted to the
City, which shows the generalized overall land use plan for development. The
Master Plan is also recognized as a preliminary plat. The Master Plan shall
contain the following information:
1. A vicinity map of sufficient scale to show site boundaries and the
zoning of adjacent properties within 1000 feet.
2. Dimensions, legal descriptions, acreage, existing zoning, land use,
and ownership of the area proposed PUD; and existing zoning, land use,
and ownership of contiguous properties within 250 feet.
3. Delineation of each parcel proposed with their land uses and bulk
regulations identified.

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CHAPTER 167 PLANNED UNIT DEVELOPMENT DISTRICT, PUD
4. Existing and proposed locations of streets, pedestrian walkways,

trails, Parks, recreation areas, open space, buffers, parking areas,
schools, and anticipated traffic generation.
5. Proposed lot locations for all uses, and conceptual building
locations and functions for all multiple family residential and non-
residential uses.
6. Area and number of dwelling units, and anticipated floor area of
nonresidential buildings by parcel.
7. Existing tree masses, water channels, drainage ways, flood hazard
areas, and other topographic of environmentally important
characteristics.
8. Proposed privately owned common areas and public ownership
areas, including open space, park land, and school sites.
9. Locations of existing or proposed municipal utilities to serve the
PUD and adjoining properties, including sanitary sewer, storm sewer,
and water.
10. In addition to storm sewer facilities, other required storm
management facilities and requirements shall be shown and/or explained
on the Master Plan.
11. Dimensions of all street right-of-way and paving widths,
including all proposed easements.
12. Staging schedule of development, including anticipated year each
stage of development is to be implemented.
13. Landscape areas proposed as part of PUD, to include location of
shrubs, trees and earth berms.
14. Delineation of traffic impacts that would result from the project
and how they can be mitigated.
167.04 RULES AND REGULATIONS, GUIDELINES FOR LAND USE

AND PERFORMANCE. In conjunction with the submittal of a Master Plan
illustrating the locations of each development parcel there shall be prepared
rules, regulations and guidelines for the development of the PUD, and such
matters shall be part of the consideration by the Planning and Zoning
Commission and the City Council and incorporated within the ordinance
providing for the rezoning of the property to a PUD. The rules, regulations,
and guidelines shall set forth the permitted land use, bulk regulations, and
transfer of development rights within the area of the PUD, height requirements,
buffer requirements, off street parking and loading requirements, and other

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performance standards as required by the City for each parcel designated by the
Master Plan. Any rules, regulations, and guidelines set forth within the
ordinance and Master Plan approved by the City Council provided by the
rezoning shall be binding on the property owner, their heirs, successors, or
assigns, and shall be recorded at the office of the Dallas County Recorder.
167.05 PROCESS FOR CITY REVIEW OF PLANNED UNIT

DEVELOPMENT. The Building Official shall review the submitted PUD
proposal, may discuss any suggestions or provide additional information to the
developer, and shall file a report together with the applicant’s proposal to the
Planning and Zoning Commission.
1. The Planning and Zoning Commission, after receipt of the report
from the Building Official, or other delegated City personnel, and receipt
of the PUD proposal shall consider the presentation and give special
attention to the following:
A. Compatibility with the Comprehensive Plan.
B. Land use and density.
C. Building types, functions, architecture, buffers, and
arrangement.
D. Provision and use of open space and landscaping.
E. Access to and from the site and traffic circulation.
F. General relationship to surrounding area.
2. The Planning and Zoning Commission may approve or
disapprove the PUD Master Plan and associated development rules,
regulations and guidelines as submitted, or may require the developer to
modify, alter, adjust or amend the proposed Master Plan and associated
rules, regulations and guidelines as the Planning and Zoning
Commission deems necessary, in order to preserve the harmonious intent
and purpose of this chapter and the Comprehensive Plan of the City.
3. An application for approval of PUD shall be deemed a petition for
rezoning to the PUD zoning district, but prior to an affirmative report
from the Planning and Zoning Commission the applicant shall file the
necessary petition as prescribed in amendments.
4. Before any report is forwarded to the City Council by the
Planning and Zoning Commission pertaining to an application submitted
for a PUD, said Commission shall determine if such proposal is in
compliance with the Comprehensive Plan or if such proposal represents
a substantial change to the Comprehensive Plan. The Planning and

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Zoning Commission shall hold a public hearing, giving notice as

provided by law for a rezoning.
5. After a complete review by the Planning and Zoning
Commission, a written recommendation and report giving reasons as to
their action shall be filed with the City Council.
167.06 MODIFICATIONS. A modification of an approved PUD Master

Plan shall occur through an amendment to this title and the official zoning map
unless the modification is considered to be a minor modification and may be
approved in a manner as set forth by this title for approval of Site Plan Review.
A minor modification must be in substantial conformance with the approved
Master Plan and may never represent a change in allowable use. A minor
modification may not increase the permitted density or intensity of the PUD
Master Plan by more than a cumulative 5 percent.
(Ch. 167 – Ord. 839 – May 06 Supp.)

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CODE OF ORDINANCES
CITY OF PERRY, IOWA
TABLE OF CONTENTS
GENERAL CODE PROVISIONS
CHAPTER 1 – CODE OF ORDINANCES ............................................................................................ 1
CHAPTER 2 – CHARTER ..................................................................................................................... 9
CHAPTER 3 – BOUNDARIES ............................................................................................................. 11
CHAPTER 4 – MUNICIPAL INFRACTIONS ................................................................................... 15
CHAPTER 5 – OPERATING PROCEDURES ................................................................................... 21
CHAPTER 6 – CITY ELECTIONS ..................................................................................................... 29
CHAPTER 7 – FISCAL MANAGEMENT .......................................................................................... 35
CHAPTER 8 – INDUSTRIAL PROPERTY TAX EXEMPTIONS ................................................... 45
CHAPTER 9 – ECONOMIC DEVELOPMENT PROPERTY TAX EXEMPTION ....................... 49
CHAPTER 10 – URBAN RENEWAL .................................................................................................. 53
CHAPTER 11 – URBAN REVITALIZATION ................................................................................... 61
CHAPTER 12 – LOCAL SALES TAX................................................................................................. 63
CHAPTER 13 – HOTEL/MOTEL TAX .............................................................................................. 65
ADMINISTRATION, BOARDS AND COMMISSIONS
CHAPTER 15 – MAYOR ...................................................................................................................... 81
CHAPTER 16 – MAYOR PRO TEM ................................................................................................... 83
CHAPTER 17 – COUNCIL .................................................................................................................. 85
CHAPTER 18 – CITY CLERK ............................................................................................................ 95
CHAPTER 19 – CITY TREASURER .................................................................................................. 99

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TABLE OF CONTENTS
ADMINISTRATION, BOARDS AND COMMISSIONS (continued)
CHAPTER 20 – CITY ATTORNEY .................................................................................................. 101
CHAPTER 21 – CITY ADMINISTRATOR...................................................................................... 105
CHAPTER 22 – LIBRARY BOARD OF TRUSTEES...................................................................... 111
CHAPTER 23 – PLANNING AND ZONING COMMISSION ........................................................ 117
CHAPTER 24 – TREE BOARD ......................................................................................................... 121
CHAPTER 25 – UTILITY BOARD OF TRUSTEES ....................................................................... 125
CHAPTER 26 – AIRPORT COMMISSION ..................................................................................... 127
CHAPTER 27 – HISTORIC PRESERVATION COMMISSION ................................................... 129
CHAPTER 28 – COMPLIANCE OFFICER ..................................................................................... 135
CHAPTER 29– PARKS AND RECREATION ADVISORY BOARD ............................................ 137
POLICE, FIRE AND EMERGENCIES
CHAPTER 30 – POLICE DEPARTMENT ....................................................................................... 145
CHAPTER 35 – FIRE DEPARTMENT ............................................................................................ 155
CHAPTER 36 – HAZARDOUS SUBSTANCE SPILLS .................................................................. 165
PUBLIC OFFENSES
CHAPTER 40 – PUBLIC PEACE ...................................................................................................... 185
CHAPTER 41 – PUBLIC HEALTH AND SAFETY ........................................................................ 189
CHAPTER 42 – PUBLIC AND PRIVATE PROPERTY ................................................................. 193
CHAPTER 45 – ALCOHOL CONSUMPTION AND INTOXICATION ....................................... 225
CHAPTER 46 – MINORS................................................................................................................... 227
CHAPTER 47 – PARK REGULATIONS.......................................................................................... 233
CHAPTER 48 – DRUG PARAPHERNALIA.................................................................................... 237

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TABLE OF CONTENTS
NUISANCES AND ANIMAL CONTROL
CHAPTER 50 – NUISANCE ABATEMENT PROCEDURE .......................................................... 265
CHAPTER 51 – JUNK AND JUNK VEHICLES .............................................................................. 271
CHAPTER 52 – GRASS AND WEEDS ............................................................................................. 273
CHAPTER 55 – ANIMAL PROTECTION AND CONTROL ......................................................... 291
CHAPTER 56 – DANGEROUS ANIMALS ...................................................................................... 301
CHAPTER 57 – VICIOUS DOGS ...................................................................................................... 311
CHAPTER 58 – REGISTRATION OF DOGS AND CATS ............................................................. 315
TRAFFIC AND VEHICLES
CHAPTER 60 – ADMINISTRATION OF TRAFFIC CODE .......................................................... 351
CHAPTER 61 – TRAFFIC CONTROL DEVICES .......................................................................... 355
CHAPTER 62 – GENERAL TRAFFIC REGULATIONS ............................................................... 357
CHAPTER 63 – SPEED REGULATIONS ........................................................................................ 371
CHAPTER 64 – TURNING REGULATIONS .................................................................................. 375
CHAPTER 65 – STOP OR YIELD REQUIRED............................................................................... 377
CHAPTER 66 – LOAD AND WEIGHT RESTRICTIONS .............................................................. 401
CHAPTER 67 – PEDESTRIANS ....................................................................................................... 403
CHAPTER 68 – ONE-WAY TRAFFIC ............................................................................................. 405
CHAPTER 69 – PARKING REGULATIONS .................................................................................. 407
CHAPTER 70 – TRAFFIC CODE ENFORCEMENT PROCEDURES ......................................... 451
CHAPTER 75 – ALL-TERRAIN VEHICLES AND SNOWMOBILES ......................................... 461
CHAPTER 76 – BICYCLE, SKATEBOARD AND IN-LINE SKATES REGULATIONS .......... 465
CHAPTER 80 – ABANDONED VEHICLES .................................................................................... 475
CHAPTER 81 – RAILROAD REGULATIONS ............................................................................... 479

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TABLE OF CONTENTS
WATER
CHAPTER 90 – WATER SERVICE SYSTEM ................................................................................ 495
CHAPTER 91 – WATER CONSERVATION ................................................................................... 497
SANITARY SEWER
CHAPTER 95 – SANITARY SEWER SYSTEM .............................................................................. 515
CHAPTER 96 – BUILDING SEWERS AND CONNECTIONS ...................................................... 521
CHAPTER 97 – USE OF PUBLIC SEWERS .................................................................................... 537
CHAPTER 98 – ON-SITE WASTEWATER SYSTEMS ................................................................. 543
CHAPTER 99 – SEWER SERVICE CHARGES .............................................................................. 545
CHAPTER 100 – STORM WATER UTILITY ................................................................................. 551
GARBAGE AND SOLID WASTE
CHAPTER 105 – SOLID WASTE CONTROL................................................................................. 565
CHAPTER 106 – COLLECTION OF SOLID WASTE ................................................................... 573
FRANCHISES AND OTHER SERVICES
CHAPTER 110 – NATURAL GAS FRANCHISE ............................................................................ 585
CHAPTER 111 – ELECTRIC FRANCHISE .................................................................................... 591
CHAPTER 112 – CABLE TELEVISION FRANCHISE.................................................................. 601
CHAPTER 113 – CABLE TELEVISION RATES AND CHARGES .............................................. 621
CHAPTER 114 – RIGHTS-OF-WAY................................................................................................ 623
CHAPTER 115 – CEMETERY .......................................................................................................... 681

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TABLE OF CONTENTS
REGULATION OF BUSINESS AND VOCATIONS
CHAPTER 120 – LIQUOR LICENSES AND WINE AND BEER PERMITS ............................... 701
CHAPTER 121 – CIGARETTE PERMITS....................................................................................... 705
CHAPTER 122 – PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS ..................... 709
CHAPTER 123 – HOUSE MOVERS ................................................................................................. 715
CHAPTER 124 – JUNKYARDS AND JUNK DEALERS ................................................................ 719
CHAPTER 125 – FIREWORKS PERMITS...................................................................................... 735
CHAPTER 126 – COIN-OPERATED AMUSEMENT DEVICES .................................................. 737
CHAPTER 127 – PUBLIC SALE OF FOOD, BEVERAGES AND NON-FOOD

ITEMS ON CITY PROPERTY ............................................................................ 739
STREETS AND SIDEWALKS
CHAPTER 135 – STREET USE AND MAINTENANCE ................................................................ 761
CHAPTER 136 – SIDEWALK REGULATIONS ............................................................................. 767
CHAPTER 137 – VACATION AND DISPOSAL OF STREETS .................................................... 773
CHAPTER 138 – STREET GRADES ................................................................................................ 775
CHAPTER 139 – NAMING OF STREETS ....................................................................................... 777
CHAPTER 140 – CONTROLLED ACCESS FACILITIES ............................................................. 779
BUILDING AND PROPERTY REGULATIONS
CHAPTER 145 – DANGEROUS BUILDINGS ................................................................................. 789
CHAPTER 146 – MANUFACTURED AND MOBILE HOMES..................................................... 799
CHAPTER 147 – WATER WELL PROTECTION .......................................................................... 811
CHAPTER 150 – BUILDING NUMBERING ................................................................................... 831
CHAPTER 151 – TREES .................................................................................................................... 833
CHAPTER 155 – UNIFORM CONSTRUCTION CODES .............................................................. 851

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TABLE OF CONTENTS
BUILDING AND PROPERTY REGULATIONS (continued)
CHAPTER 156 – RENTAL CODE .................................................................................................... 871
CHAPTER 157 – COMMUNICATION TOWERS AND ANTENNAS .......................................... 885
CHAPTER 158 – LEAD HAZARDS IN DWELLINGS ................................................................... 901
CHAPTER 160 – FLOOD PLAIN REGULATIONS ....................................................................... 925
CHAPTER 161 – SAFEGUARDING OF HISTORIC, AESTHETIC AND

CULTURAL HERITAGE .............................................................................. 941
CHAPTER 162 – ESTABLISHMENT OF CERTIFICATE OF APPROPRIATENESS

FOR STRUCTURES LOCATED IN THE DOWNTOWN PERRY
HISTORICAL/CULTURAL DISTRICT ..................................................... 947
CHAPTER 163 – PROPERTY MAINTENANCE REQUIREMENTS FOR PROPERTY

LOCATED IN THE HISTORIC/CULTURAL DISTRICT
OF DOWNTOWN PERRY ............................................................................ 953
ZONING AND SUBDIVISION
CHAPTER 165 – ZONING REGULATIONS ................................................................................... 955
CHAPTER 166 – SUBDIVISION REGULATIONS ...................................................................... 1045
CHAPTER 167 – PLANNED UNIT DEVELOPMENT DISTRICT, PUD ................................... 1101
INDEX
APPENDIX:
USE AND MAINTENANCE OF THE CODE OF ORDINANCES ................................................... 1
SUGGESTED FORMS:
DANGEROUS BUILDINGS - FIRST NOTICE .................................................................................. 9
DANGEROUS BUILDINGS - NOTICE OF HEARING .................................................................. 10
DANGEROUS BUILDINGS - RESOLUTION AND ORDER ......................................................... 11
NOTICE TO ABATE NUISANCE ...................................................................................................... 13
NOTICE OF REQUIRED SEWER CONNECTION ........................................................................ 14

NOTICE OF HEARING ON REQUIRED SEWER CONNECTION ............................................. 15
RESOLUTION AND ORDER ............................................................................................................. 16

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Perry Code of Ordinances

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CHAPTER 1

1.02 DEFINITIONS. Where words and phrases used in this Code of

CODE OF ORDINANCES, PERRY, IOWA

11. “Occupant” or “tenant,” applied to a building or land, includes

CODE OF ORDINANCES, PERRY, IOWA

1.04 PERSONAL LIABILITY AND INDEMNITY.

CODE OF ORDINANCES, PERRY, IOWA

agrees to pay for all injury to or death of any person or persons

1.06 RULES OF CONSTRUCTION. In the construction of the Code of

CODE OF ORDINANCES, PERRY, IOWA

3. Must. The word “must” states a requirement.

1.07 AMENDMENTS. All ordinances which amend, repeal or in any

1.08 CATCHLINES AND NOTES. The catchlines of the several sections

1.09 ALTERING CODE. It is unlawful for any unauthorized person to

1.10 STANDARD PENALTY. Unless another penalty is expressly provided

CODE OF ORDINANCES, PERRY, IOWA

1.11 SEVERABILITY. If any section, provision or part of the Code of

1.12 RIGHT OF ENTRY. Whenever necessary to make an inspection to

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CODE OF ORDINANCES, PERRY, IOWA

2.02 FORM OF GOVERNMENT. The form of government of the City is

2.04 NUMBER AND TERM OF COUNCIL. The Council consists of two

CODE OF ORDINANCES, PERRY, IOWA

CODE OF ORDINANCES, PERRY, IOWA

3.01 DIVISION INTO WARDS/PRECINCTS. The City is divided into

CODE OF ORDINANCES, PERRY, IOWA

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CODE OF ORDINANCES, PERRY, IOWA

4.01 MUNICIPAL INFRACTION. A violation of this Code of Ordinances

4.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is

4.03 PENALTIES. A municipal infraction is punishable by the following

CODE OF ORDINANCES, PERRY, IOWA

B. Each Repeat Offense - Not to exceed $750.00

CODE OF ORDINANCES, PERRY, IOWA

3. The location and time of the infraction.

4.05 ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in

4.06 CRIMINAL PENALTIES. This chapter does not preclude a peace

CODE OF ORDINANCES, PERRY, IOWA

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5.01 OATHS. The oath of office shall be required and administered in

CODE OF ORDINANCES, PERRY, IOWA

(Code of Iowa, Sec. 64.13)

5.03 DUTIES: GENERAL. Each municipal officer shall exercise the

5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to his or

5.06 MEETINGS. All meetings of the Council, any board or commission, or

CODE OF ORDINANCES, PERRY, IOWA

3. Minutes. Minutes shall be kept of all meetings showing the date,

5.07 CONFLICT OF INTEREST. A City officer or employee shall not

CODE OF ORDINANCES, PERRY, IOWA

kind described in subsection 8 of this section, or both, if the contract is

5.08 RESIGNATIONS. An elected officer who wishes to resign may do so

CODE OF ORDINANCES, PERRY, IOWA

5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES.

5.10 VACANCIES. A vacancy in an elective City office during a term of

CODE OF ORDINANCES, PERRY, IOWA

5.11 GIFTS. Except as otherwise provided in Chapter 68B of the Code of

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CODE OF ORDINANCES, PERRY, IOWA

6.01 NOMINATING METHOD TO BE USED. All candidates for elective

6.02 NOMINATIONS BY PETITION. Nominations for elective

6.03 ADDING NAME BY PETITION. The name of a candidate placed

6.04 PREPARATION OF PETITION AND AFFIDAVIT. Each eligible