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Ankeny, IA, Iowa Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF ANKENY, IOWA
TABLE OF CONTENTS
SUPPLEMENT RECORD
GENERAL CODE PROVISIONS
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 VOTING PRECINCTS
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 7A PROPERTY TAX EXEMPTION FOR SPECULATIVE SHELL BUILDINGS
CHAPTER 8 URBAN RENEWAL
CHAPTER 9 URBAN REVITALIZATION
CHAPTER 10 HOTEL/MOTEL TAX
CHAPTER 11 SPECIAL EVENTS
CHAPTER 12 THE USE AND TRANSFER OF SPECIAL ASSESSMENT COLLECTIONS
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 CITY MANAGER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 LIBRARY BOARD OF TRUSTEES
CHAPTER 22 PLAN AND ZONING COMMISSION
CHAPTER 23 PARK BOARD
CHAPTER 24 CIVIL SERVICE COMMISSION
CHAPTER 25 ANKENY CULTURAL ARTS BOARD
CHAPTER 26 ANKENY SPORTS COMPLEX FOUNDATION, INC.
CHAPTER 27 MAYOR’S YOUTH COUNCIL
CHAPTER 28 BOARD OF EXAMINERS AND APPEALS
CHAPTER 29 AIRPORT ZONING COMMISSION
CHAPTER 30 ECONOMIC DEVELOPMENT COUNCIL
CHAPTER 31 HUMAN RIGHTS COMMISSION
CHAPTER 35 POLICE DEPARTMENT
CHAPTER 36 FIRE DEPARTMENT
CHAPTER 37 HAZARDOUS MATERIALS
CHAPTER 38 FALSE FIRE ALARMS
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 43 DRUG PARAPHERNALIA
CHAPTER 44 NOISE CONTROL
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 PARK REGULATIONS
CHAPTER 48 RESIDENCY RESTRICTIONS FOR SEX OFFENDERS
CHAPTER 49 CAMPING
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DOG AND CAT LICENSES REQUIRED
CHAPTER 57 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 58 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 ONE-WAY TRAFFIC
CHAPTER 69 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE AND PERSONAL TRANSPORATION DEVICES REGULATIONS
CHAPTER 77 BICYCLE REGISTRATION
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 81 RAILROAD REGULATIONS
CHAPTER 82 MULTI-USE RECREATIONAL TRAILS
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 BACKFLOW PREVENTION
CHAPTER 94 CONNECTION REQUIREMENTS FOR MAJOR SANITARY SEWER AND WATER MAIN FACILITIES
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER USE CHARGE
CHAPTER 99 SEWER CONNECTION DISTRICTS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER
CHAPTER 101 REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS
CHAPTER 102 REGULATION OF HAULED WASTE
CHAPTER 103 FOOTING DRAIN DISCONNECTION PROGRAM
CHAPTER 105 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 106 STORMWATER UTILITY
CHAPTER 107 STORMWATER MANAGEMENT FEES
CHAPTER 110 SOLID WASTE CONTROL
CHAPTER 111 COLLECTION OF SOLID WASTE
CHAPTER 112 MUNICIPAL RECYCLING
CHAPTER 113 SOLID WASTE ENTERPRISE FUND - CURBSIDE RECYCLING AND LEAF, TREE, BRANCH AND MISCELLANEOUS ITEM COLLECTION SYSTEM
CHAPTER 115 NATURAL GAS FRANCHISE - MID-AMERICAN
CHAPTER 116 NATURAL GAS AND ELECTRIC FRANCHISE - CONSUMERS ENERGY
CHAPTER 117 ELECTRIC FRANCHISE
CHAPTER 118 TELEPHONE FRANCHISE
CHAPTER 119 CABLE TELEVISION FRANCHISE
CHAPTER 120 CABLE TELEVISION REGULATIONS
CHAPTER 121 NATURAL GAS FRANCHISE - BLACK HILLS ENERGY
CHAPTER 122 NON-FRANCHISE UTILITY ACCOMMODATION
CHAPTER 130 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 131 CIGARETTE AND TOBACCO PERMITS
CHAPTER 132 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 133 HOUSE MOVERS
CHAPTER 135 ALARM SYSTEMS
CHAPTER 136 LICENSING OF MECHANICAL CONTRACTORS
CHAPTER 137 LICENSING OF PLUMBERS
CHAPTER 138 LICENSING OF ELECTRICIANS
CHAPTER 139 MASSAGE THERAPISTS
CHAPTER 140 SEXUALLY ORIENTED BUSINESSES
CHAPTER 141 PAWNBROKERS
CHAPTER 142 MOBILE FOOD VENDORS
CHAPTER 143 ENTERTAINMENT DISTRICT
CHAPTER 150 STREET USE AND MAINTENANCE
CHAPTER 151 EXCAVATIONS
CHAPTER 152 SIDEWALK REGULATIONS
CHAPTER 153 VACATION AND DISPOSAL OF STREETS
CHAPTER 154 STREET GRADES
CHAPTER 155 NAMING OF STREETS
CHAPTER 156 DRIVEWAYS
CHAPTER 157 MAILBOXES
CHAPTER 158 CONTROLLED ACCESS FACILITIES
CHAPTER 165 BUILDING NUMBERING
CHAPTER 166 TREES
CHAPTER 167 NOXIOUS WEEDS
CHAPTER 168 DRAINAGE CHANNELS
CHAPTER 169 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 175 BUILDING CODE
CHAPTER 176 MECHANICAL CODE
CHAPTER 177 PROPERTY MAINTENANCE AND HOUSING CODE
CHAPTER 178 PLUMBING CODE
CHAPTER 179 ELECTRICAL CODE
CHAPTER 180 FIRE CODE
CHAPTER 181 FUEL GAS CODE
CHAPTER 182 EXISTING BUILDING CODE
CHAPTER 183 SWIMMING POOL AND SPA CODE
CHAPTER 184 RESIDENTIAL CODE
CHAPTER 190 ZONING ORDINANCE DEFINITIONS
CHAPTER 191 ZONING ORDINANCE GENERAL REGULATIONS
CHAPTER 192 ZONING ORDINANCE DISTRICT REGULATIONS
CHAPTER 193 ZONING ORDINANCE FLOOD PLAIN REGULATIONS
CHAPTER 194 ZONING ORDINANCE PARKING, LOADING AND SCREENING
CHAPTER 195 ZONING ORDINANCE SIGNS
CHAPTER 196 ZONING ORDINANCE NONCONFORMING USES, EXCEPTIONS AND AMENDMENTS
CHAPTER 197 ZONING ORDINANCE ADMINISTRATION
CHAPTER 200 SUBDIVISION REGULATIONS
CHAPTER 201 ANKENY REGIONAL AIRPORT ZONING
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135.04 ALARM USER RESPONSIBILITIES.
1.   The alarm user will complete an application form that includes a list for the user’s alarm business of at least two people that can serve as contact persons. The contact person will be responsible for responding to the alarm location if the need arises. Commercial users that employ less than two persons or single-family dwellings where less than two adult residents reside are only required to provide contact numbers for the actual number of employees or adult residents. The alarm user may be required to respond to the scene of an alarm.
2.   The alarm user will ensure that any employee or agent that will be given the responsibility of the operation of activating or deactivating the alarm system is properly trained to do so.
3.   The alarm user will be liable and responsible for false alarms at the alarm site.
4.   The alarm user will not manually activate an alarm system for any other reason other than an occurrence of an event that the alarm system was intended to report.
5.   An alarm user shall not use automatic voice dialers.
6.   The alarm user will be responsible for ensuring that false alarms are not transmitted to the communications center.
7.   The alarm user will provide the alarm administrator with signed certification stating the date of the alarm installation, conversion, or takeover, the name and telephone number of the alarm business who performed the installation, conversion, or takeover, the name and telephone number of the alarm business who will provide repair service to the system and the name and telephone number of the alarm business who will be monitoring the alarm system. Any false statement made by an applicant will be sufficient cause for the alarm administrator to refuse to issue a permit.
8.   The alarm user will make sure the alarm site’s address is properly located and legible and can be seen from the street.
9.   The alarm user will make sure the alarm business who installed, monitors, and services the alarm system will set all available alarms with a device to automatically reset within a fifteen-minute time period.
10.   The alarm user is responsible for having the alarm system checked on a regular basis to ensure that it is functioning properly.
11.   The alarm user will be required to have a properly licensed alarm business inspect the alarm system after three false alarm dispatches in a one-year period. After five false alarm dispatches, the alarm user must have a reputable alarm business modify the alarm system to be more false alarm resistant or provide additional training for the alarm user.
12.   The written operating instructions for each alarm system must be maintained at each alarm site.
135.05 ALARM BUSINESS DUTIES AND RESPONSIBILITIES.
1.   Any alarm company operating within the jurisdiction of the City shall be registered and licensed with the Clerk prior to conducting business within the jurisdiction of the City.
2.   Alarm installation licenses shall be issued annually on a calendar year basis. All applications for licenses shall be filed with the Clerk on forms provided for that purpose.
3.   Alarm businesses shall not program alarm systems so that they are capable of sending one plus duress alarms. Alarm businesses may continue to report one plus duress alarms received from alarm systems programmed with one plus duress prior to the enactment of the ordinance codified in this chapter. However, when a takeover or conversion occurs or if an alarm user requests an alarm system inspection or modifications pursuant to this chapter, an alarm business must remove one plus duress alarm capability from such alarm systems.
4.   Each alarm business will employ agents or employees that possess the needed skills and abilities to perform the duties required. These duties are to include the proper instruction to allow the alarm user to use the alarm system correctly, and obtain service for the alarm at any time.
5.   After the completion of an alarm system installation an alarm business employee or agent shall review with the alarm user the false alarm prevention checklist or an equivalent approved by the alarm administrator and the customer false alarm prevention checklist. The alarm business shall ensure that the alarm technician and the alarm user sign both forms. Copies of the forms shall be sent to the alarm administrator within seven business days after reviewing.
6.   Each alarm business will maintain a current list of at least two people that can be notified for the alarm user in the event of alarm activation except as noted in this chapter. Each alarm business will offer a training period in which they train the alarm user on proper use of the alarm system.
7.   Alarm businesses must ensure that all alarm users of alarm systems equipped with a duress, holdup, or one plus duress alarm are given adequate training as to the proper use of the duress or holdup alarms.
8.   Alarm businesses are prohibited from using an automatic telephone dialing device or digital alarm communicator to notify the communications center of an alarm. They are required to notify the communications center via telephone numbers specified by the alarm administrator. The alarm business will attempt to verify every alarm signal, except a holdup alarm activation or a duress alarm before requesting a police response to an alarm signal.
9.   Each alarm business will provide the communications center with the following information when reporting an alarm:
   A.   A local call or toll-free call back number for the alarm monitoring company;
   B.   An operator name and/or number;
   C.   The alarm permit number, and type of alarm; and
   D.   Location of alarm (street address and alarm indication, e.g., front door).
10.   Alarm businesses will provide the communications center with the following information when reporting an alarm cancellation:
   A.   Identification of the permit number for the alarm site;
   B.   Identification of the alarm site;
   C.   Identification of the alarm business;
   D.   Date and time that the alarm dispatch request was received;
   E.   Cause of alarm, if known; and
   F.   Why they are canceling.
11.   If cancellation occurs prior to law enforcement arriving at the scene, this is not a false alarm for the purpose of fees, and no service fee will be issued.
12.   After an alarm dispatch request, alarm businesses are required to promptly advise the law enforcement agency if the alarm user or contact person is on the way to the alarm site.
13.   The alarm business must attempt to contact the alarm user or contact person within twenty-four hours via mail, fax, telephone, or other electronic means when an alarm dispatch request is made and the contact person or alarm user cannot be reached immediately.
14.   Alarm businesses are prohibited from selling or otherwise transferring alarm user maintenance or monitoring contracts or agreements to another alarm business without first ensuring the purchasing and/or being aware that the alarm business has obtained the required permit and otherwise meets the requirements of this chapter.
15.   The alarm business will set all available alarms with a device to automatically reset within a fifteen-minute time period.
16.   Alarm businesses, which perform monitoring services, must maintain for a period of at least one year following the request for police dispatch to an alarm site, any records relating to the dispatch. Records must include the name, address and phone number of the alarm user, the alarm system zones or points activated, the time of request for police dispatch and evidence that an attempt to verify was made to the alarm site prior to the request for police dispatch. The alarm administrator may request copies of such records for individually named alarm users.
135.06 ALARM SYSTEMS IN APARTMENT COMPLEXES.
1.   Tenants who install monitored alarm systems in an apartment complex single unit are considered an alarm user as defined in this chapter and all of the provisions in this chapter will apply to that individual.
2.   Owners or property managers of apartment complexes, who provide an alarm system in individual units as an amenity, shall obtain an alarm permit from the alarm administrator. The property manager or owner is responsible for all fees, services, permit renewals, and false alarm dispatches for alarm systems in residential units.
3.   Owners or property managers of apartment complexes shall be responsible for obtaining separate alarm permits for any alarm system operating in nonresidential areas of the complex (e.g., storage and equipment areas, pool, offices, and garages).
135.07 RESPONSIBILITY OF THE POLICE DEPARTMENT.
1.   The alarm administrator will make a copy of the ordinance codified in this chapter and/or an ordinance summary sheet available to each alarm user when said user registers for a permit.
2.   If the alarm administrator denies the issuance or renewal of a permit, or suspends or revokes a permit, a written notice of this action and a statement of the right to an appeal will be sent by certified mail to both the applicant or alarm user and the alarm business.
3.   The communications center will properly record all alarm calls that come into the communications center and dispatch units to investigate the alarm call.
4.   The communications center will have designated non-911 telephone lines available to the monitoring alarm businesses to receive calls or reports of alarm activation. Those lines will ring at the communications center and be monitored twenty-four hours a day.
5.   The communications center will maintain a record of all alarm calls and the nature of the alarms including the number of false alarms, and accurate alarm dispositions.
6.   The police unit will respond to the location of the alarm in a timely manner and investigate to determine if a crime has been committed, including robbery, burglary, attempted robbery or burglary, trespassing, etc. and properly note such findings on the alarm form.
7.   If there are no signs that a crime has been committed the police unit will attempt to determine if the location of the alarm is secure and make the proper notification on the alarm form.
8.   The police unit will make a determination on the scene of the alarm to determine if the alarm was a false alarm and properly note that on the alarm form and notify the communication center of the nature of the alarm when they leave the alarm site.
9.   The police unit may or may not request that the alarm user respond to the scene of the alarm.
10.   The police unit upon determining the alarm to be false will leave written notice at the alarm site that the Ankeny Police Department has responded to a false alarm dispatch. Copies of this notice will be placed in the case jacket and also given to the alarm administrator. The written notice shall include the following:
   A.   The date and time of law enforcement response to the false alarm;
   B.   The identification number of the responding law enforcement officer; and
   C.   A statement urging the alarm user to ensure that the alarm system is properly operated, inspected, and serviced in order to avoid false alarms and resulting service fees.
11.   After three such false alarms, the alarm administrator will have the responsibility to notify the alarm user by registered mail that there have been three false alarms at said user’s alarm site and in the event that another false alarm occurs after delivery of notification, administrative fees as prescribed in Section 135.10 will be imposed.
12.   The Police Department shall provide two false alarm education programs per calendar year, as needed. Each program shall inform alarm system users about alarm systems, false alarms, causes and impacts of false alarms, and how to reduce and eliminate false alarms.
135.08 ALARM SYSTEM PERFORMANCE REVIEWS.
If the alarm administrator determines that there is reason to believe that an alarm system is not being utilized or maintained in a manner that ensures proper operation and suppresses false alarms, the alarm administrator may request a conference with the alarm user. The alarm business responsible for the repair of said alarm system may be required to attend to review the circumstances of each false alarm.
135.09 LIABILITIES OF THE POLICE DEPARTMENT.
The City assumes no responsibility or liability whatsoever for alarm systems installed or maintained by private individuals or privately operated alarm businesses, or for the quality of installation, maintenance, monitoring, type of equipment used or for the interruption of services being provided by said alarm businesses to the alarm users.
135.10 ADMINISTRATIVE ENFORCEMENT.
1.   The number of false alarms allowed at an alarm site is enforced by the Ankeny Police Department.
2.   The alarm administrator will issue annual alarm permits for a service fee.
3.   An additional fee shall be assessed for an alarm system programmed with a duress, one-plus duress, or holdup alarm.
4.   Alarm users who fail to register within thirty days of an alarm installation will be charged a late registration penalty.
5.   Alarm permits must be renewed in the month of expiration and will require a renewal fee.
6.   Renewals made more than thirty days after alarm permit expiration will be considered a violation of this chapter and an alarm user will be subject to a late penalty.
7.   The alarm user shall be subject to service fees, warnings, and suspension or revocation of registration depending on the number of false alarms emitted from an alarm system within a twelve-month period from the permit date or its renewal based upon the following:
   A.   Any alarm user who receives one to three false alarms on a single alarm permit will receive a written notice from the alarm administrator.
   B.   Any alarm user who receives in excess of three false alarms on a single alarm permit will receive a written notice and an administrative service fee as prescribed below.
   C.   There will be a service fee for the fourth false alarm within a consecutive 365-day period. The alarm administrator shall waive the fee upon successful completion of a false alarm education program sanctioned by the Police Department.
   D.   There will be a service fee and suspension of the alarm permit for the fifth false alarm within a consecutive 365-day period.
   E.   There will be a service fee for the sixth and subsequent false alarms that occur within a consecutive 365-day period.
The alarm user will receive a written warning from the alarm administrator for each infraction listed above.
8.   Alarm businesses shall be assessed a fee if the officer responding to the false alarm determines that an on-site employee of the alarm business directly caused the false alarm. In this situation, the false alarm will not be counted against the alarm user.
9.   The alarm business shall be charged a fee if the alarm administrator determines that an alarm business employee knowingly made a false statement concerning the inspection of an alarm site or the performance of an alarm system.
10.   The alarm business which monitors the alarm system shall be charged a fee for each failure to verify alarm system signals before contacting the law enforcement agency as specified in this chapter.
11.   The alarm permit will be revoked if there has been a previous suspension and two additional false alarm responses within the same permit year.
12.   An alarm permit that is revoked by the alarm administrator shall not be renewed or reinstated unless the alarm administrator is satisfied and has receipt of acceptable evidence that the cause has been addressed and appropriate corrective action has been taken as outlined in this chapter.
13.   While the permit is revoked, the police shall only provide secondary response to that alarm site.
14.   Anyone operating a non-permitted alarm system (i.e., revoked, suspended or never acquired) will be subject to a police citation and assessment for each false alarm dispatch; in addition, the user must apply for a permit within ten days. The alarm administrator may waive this additional assessment for a non-permitted system if the alarm user, after such violation, applies for a permit and registers to participate in a false alarm education program.
15.   Each alarm user and/or alarm owner shall pay a fee to attend the false alarm education program.
16.   An alarm user who operates an alarm system during the period in which said user’s alarm permit is suspended or revoked can be given a police citation for the offense.
17.   If the alarm administrator assesses a fee or denies the issuance, renewal or reinstatement of an alarm permit, the alarm administrator shall send written notice of the action and a statement of the right to an appeal to either the affected applicant, or alarm user, and alarm business and/or alarm monitoring business.
18.   The alarm user may request to appeal any false alarm and service fee by sending a written explanation for the appeal and an appeal fee.
19.   A person commits an offense if said person violates by commission or omission any provision of this chapter that imposes upon such person a duty or responsibility and is subject to a fine.
20.   The amount of all fees, assessments, penalties, and fines established by this chapter shall be set by resolution of the Council, after recommendation by the alarm administrator.
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