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ORDINANCE NO. 43-09
An ordinance readopting the codification of all ordinances of the city of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and maps adopted by reference, as the official code of the city of Dubuque, Iowa, as provided for and pursuant to chapter 380 of the Iowa Code; providing for the title and citation of the code; repealing all ordinances and parts of ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to May 4, 2009, except those not contained in said code or recognized and continued in force by reference therein; providing penalties for the violation of the several sections thereof; and prescribing the time when this ordinance shall be in full force and effect.
Whereas, pursuant to ordinance no. 3-07, adopted January 17, 2007, the city council of the city of Dubuque, Iowa, readopted the city of Dubuque code of ordinances, with an effective date of January 22, 2007, as provided in section 380.8 of the Iowa Code; and
Whereas, the city council has determined that the code of ordinances should be re-adopted, as edited and compiled, as provided in section 380.8 of the Iowa Code.
Now, Therefore, Be It Ordained By The City Council Of The City Of Dubuque, Iowa:
Section 1. Code Of Ordinances Readopted. That the proposed code of ordinances of the city of Dubuque, Iowa printed by Sterling Codifiers, Inc., Coeur d'Alene, Idaho, heretofore filed in the office of the city clerk of the city of Dubuque, Iowa, consisting of titles 1 through 16, and appendix A, and including references to codes adopted by reference, a printed copy of which is attached hereto and incorporated herein by reference the same as if set out herein, is hereby adopted as the "code of ordinances, city of Dubuque, Iowa".
Section 2. Ordinances Repealed. That all ordinances of the city of Dubuque, Iowa, of a general and permanent nature, enacted before May 4, 2009, and not contained in the code of ordinances or recognized and continued in force by reference therein are hereby repealed from and after the effective date of the code of ordinances, except as hereinafter provided.
Section 3. Effect Of Repeal; Ordinances Saved. That the repeal provided for in section 2 hereof shall not affect any of the following:
(a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of the code of ordinances;
(b) Any ordinance promising or guaranteeing the payment of money to or from the city, or authorizing the issuance of any bonds or other evidence of indebtedness;
(c) Any appropriation or budget ordinance;
(d) Any ordinance establishing the compensation of any city officer or employee;
(e) Any contract or obligation assumed by the city;
(f) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use;
(g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way;
(h) Any ordinance, establishing or changing the grade of any street, avenue, boulevard, traffic way or other public way;
(i) Any ordinance authorizing, directing or otherwise relating to any public improvements;
(j) Any ordinance establishing or changing the limits of the city or pertaining to consolidations, annexations or exclusions;
(k) Any ordinance levying general or special taxes or special assessments;
(l) Any ordinance granting pensions for retired officers and employees;
(m) Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation;
(o) Any ordinance prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting restriction, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas;
(p) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with this code;
(q) Any ordinance which, by its own terms, expires after a specified time, or on the prescribed date;
(r) The appointment of any board or commission member serving on the date of this ordinance.
The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a general nature.
Section 4. Severability Of Provisions. That each title, and any and all chapters of the code of ordinances hereby readopted, is independent of every other title and chapter thereof, and the invalidity of any other title or chapter thereof, shall not invalidate any other title or chapter thereof.
Section 5. Official Copy. That the city clerk shall attach to the official copy of the code of ordinances hereby readopted and attached hereto, the city clerk's official certificate showing readoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection and for sale to the public.
Section 6. Amendments. That any additions or amendments to the code of ordinances when passed as ordinances amending the code of ordinances and which indicate the intention of the council to make the same a part hereof shall be deemed to be incorporated in the code of ordinances so that a reference to the code of ordinances, city of Dubuque, Iowa, shall be understood to include them.
Section 7. General Penalty. That the doing of any act prohibited or declared to be unlawful or an offense by the code of ordinances, or the commission or failure to perform any act or duty required by the code of ordinances, shall be subject to the penalty provided or authorized by the code of ordinances. The penalty herein provided for shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in the code of ordinances provided for violation thereof or for civil penalties or violations of municipal ordinances.
Section 8. Effective Date. That this ordinance consisting of sections 1 through 8, inclusive, readopting the proposed code of ordinances of the city of Dubuque, Iowa, heretofore filed in the office of the city clerk of the city of Dubuque, Iowa, consisting of titles 1 through 16 and appendix A, and including codes adopted by reference and all chapters, of the same, the same being designated as the "code of ordinances, city of Dubuque, Iowa", is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "code of ordinances, city of Dubuque, Iowa", shall be in full force and effect from and after the publication of this ordinance.
Passed, approved and adopted this 17th day of August, 2009.
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC
Published officially in the Telegraph Herald newspaper the 21st day of August, 2009.
Jeanne F. Schneider, CMC