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TABLE OF CONTENTSOrange City CodeTITLE 1 - ADMINISTRATIVE . 1-1CHAPTER 1: GENERAL ORGANIZATION. 1-2ARTICLE 1 - CITY CODE. 1-2ARTICLE 2 - BOUNDARIES . 1-6ARTICLE 3 - CITY HOME RULE CHARTER. 1-7ARTICLE 4 - CORPORATE SEAL . 1-8ARTICLE 5 - VOTING PRECINCTS . 1-9ARTICLE 6 - ELECTIONS . 1-11ARTICLE 7 - OFFICERS AND EMPLOYEES . 1-14CHAPTER 2: ADMINISTRATIVE CODE - EXECUTIVE . 1-19ARTICLE 8 - MAYOR . 1-19ARTICLE 9 - MAYOR PRO-TEM. 1-21CHAPTER 3: ADMINISTRATIVE CODE - LEGISLATIVE . 1-22ARTICLE 10 - COUNCIL . 1-22ARTICLE 11 - CITY ADMINISTRATOR. 1-26ARTICLE 12 - CITY CLERK. 1-27ARTICLE 13 - FINANCE OFFICER . 1-31ARTICLE 14 - CITY ATTORNEY . 1-33ARTICLE 15 - CHIEF OF POLICE . 1-35ARTICLE 16 - POLICE DEPARTMENT . 1-37ARTICLE 17 - FIRE CHIEF. 1-38TITLE 2 - BOARDS AND COMMISSIONS . 2-1CHAPTER 1: BOARDS, COMMISSIONS, AND DEPARTMENTS . 2-2ARTICLE 1 - PLANNING AND ZONING COMMISSION . 2-2ARTICLE 2 - LIBRARY BOARD . 2-3ARTICLE 3 - HOSPITAL BOARD OF TRUSTEES. 2-6ARTICLE 4 - BOARD OF ADJUSTMENT. 2-7TITLE 3 - BUILDING REGULATIONS . 3-1CHAPTER 1: BUILDING CODE. 3-2ARTICLE 1 - GENERAL PROVISIONS. 3-2ARTICLE 2 - GENERAL PROVISIONS. 3-4TITLE 4 - BUSINESS REGULATIONS . 4-1CHAPTER 1: LIQUOR, BEER AND WINE CONTROL. 4-2ARTICLE 1 - GENERAL PROVISIONS. 4-2ARTICLE 2 - BEER AND WINE PERMITS AND LIQUOR LICENSES. 4-5CHAPTER 2: CIGARETTE PERMITS . 4-16ARTICLE 3 - GENERAL PROVISIONS. 4-16CHAPTER 3: REGISTRATION. 4-19ARTICLE 4 - GENERAL PROVISIONS. 4-19ARTICLE 5 - SPECIAL REQUIREMENTS . 4-22ARTICLE 6 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS . 4-24i
TABLE OF CONTENTSOrange City CodeCHAPTER 4: BUSINESS REGULATIONS. 4-26ARTICLE 7 – HOTEL AND MOTEL TAX. 4-27TITLE 5 - FIRE REGULATIONS. 5-1CHAPTER 1: FIRE DEPARTMENT. 5-2ARTICLE 1 - FIRE DEPARTMENT . 5-2CHAPTER 2: FIRE LIMITS. 5-7ARTICLE 3 - FIRE LIMITS ESTABLISHED . 5-7CHAPTER 3: CONDITIONS REGULATED. 5-8ARTICLE 3 - INFLAMMABLES . 5-8ARTICLE 4 - FIREWORKS. 5-10TITLE 6 - HEALTH AND SANITATION . 6-1CHAPTER 1: SOLID WASTE CONTROL. 6-2ARTICLE 1 - GENERAL PROVISIONS. 6-2ARTICLE 2 - COLLECTION AND TRANSPORTATION OF SOLID WASTE . 6-8ARTICLE 3 - SOLID WASTE DISPOSAL . 6-14CHAPTER 2: NUISANCES. 6-16ARTICLE 4 - GENERAL PROVISIONS. 6-16ARTICLE 5 - ABATEMENT PROCEDURE. 6-19ARTICLE 6- MUNICIPAL INFRACTIONS: . 6-21ARTICLE 7- SPECIFIC EVENT. 6-23CHAPTER 3: ABANDONED AND JUNKED VEHICLES AND MACHINERY . 6-25ARTICLE 7 - JUNKED VEHICLES AND MACHINERY . 6-25TITLE 7 - PUBLIC ORDER . 7-1CHAPTER 1: ANIMAL CONTROL AND PROTECTION . 7-2ARTICLE 1 - REGULATION AND LICENSING OF DOGS AND CATS. 7-2ARTICLE 2 - ANIMALS. 7-5CHAPTER 2: MISDEMEANORS . 7-7ARTICLE 3 - PUBLIC PEACE . 7-7ARTICLE 4 - PUBLIC MORALS . 7-13ARTICLE 5 - MINORS . 7-16ARTICLE 6 - PUBLIC HEALTH AND SAFETY . 7-21ARTICLE 7 - PUBLIC PROPERTY . 7-24ARTICLE 8 - PRIVATE PROPERTY. 7-26ARTICLE 9 - EXECUTION OF PROCESS. 7-28ARTICLE 10 - STREET PROTECTION. 7-29ARTICLE 11 - ELECTRICAL INTERFERENCE . 7-31CHAPTER 3: TREES. 7-32ARTICLE 12 - DUTCH ELM DISEASE CONTROL. 7-32CHAPTER 4: AGRICULTURAL ACTIVITY. 7-34ARTICLE 13 - REGULATION OF AGRICULTURAL ACTIVITIES WITHIN THE CITY. 7-34ii
TABLE OF CONTENTSOrange City CodeTITLE 8 - PUBLIC WAYS. 8-1CHAPTER 1: SIDEWALKS . 8-2ARTICLE 1 - SIDEWALK REGULATIONS . 8-2CHAPTER 2: STREETS AND ALLEYS . 8-6ARTICLE 2 - NAMING OF STREETS. 8-6ARTICLE 3 - VACATION AND DISPOSAL . 8-8ARTICLE 4 - STREET GRADES . 8-10CHAPTER 3: TREES. 8-11ARTICLE 5 - GENERAL PROVISIONS. 8-11TITLE 9 - TRAFFIC CODE. 9-1CHAPTER 1: TRAFFIC CODE . 9-2ARTICLE 1 - GENERAL PROVISIONS. 9-2ARTICLE 2 - REGULATIONS AND VIOLATIONS . 9-4ARTICLE 3 - SPEED REGULATIONS. 9-10ARTICLE 4 - TURNING REGULATIONS . 9-12ARTICLE 5 - PARKING REGULATIONS . 9-13ARTICLE 6 - STOP AND YIELD. 9-19ARTICLE 7 - ONE WAY STREETS . 9-21ARTICLE 8 - TRAFFIC CONTROL DEVICES. 9-22ARTICLE 9 - LOAD AND WEIGHT REQUIREMENTS. 9-24ARTICLE 10 - PEDESTRIANS . 9-25ARTICLE 12 - ENFORCEMENT . 9-26CHAPTER 3: STREETS AND ALLEYS . 9-28ARTICLE 13 - STREET AND ALLEY REGULATIONS. 9-28ARTICLE 14 - BUILDING NUMBERING . 9-32CHAPTER 4: SNOWMOBILES & ATV’S . 9-34ARTICLE 22 - GENERAL PROVISIONS. 9-34CHAPTER 5: BICYCLES . 9-40ARTICLE 16 - BICYCLES. 9-40CHAPTER 6: SKATEBOARD RESTRICTIONS. 9-41TITLE 10 - UTILITIES. 10-1CHAPTER 1: ELECTRIC. 10-2ARTICLE 1 - PUBLIC ELECTRIC SYSTEM . 10-2ARTICLE 2 - ELECTRIC RATES SCHEDULE . 10-4CHAPTER 2: SANITARY SEWER SYSTEMS. 10-8ARTICLE 3 - PUBLIC SEWER SYSTEMS . 10-8ARTICLE 4 - PRIVATE SEWER SYSTEMS. 10-17ARTICLE 5 - SEWER RENTAL. 10-19iii
TABLE OF CONTENTSOrange City CodeCHAPTER 3: WATER SERVICES. 10-22ARTICLE 6 - PUBLIC WATER SYSTEM. 10-22ARTICLE 7 - WATER METERS . 10-30ARTICLE 8 - WATER RATES . 10-31CHAPTER 4: NATURAL GAS SYSTEM . 10-34ARTICLE 9 – PUBLIC NATURAL GAS SYSTEM . 10-34CHAPTER 4: NATURAL GAS SYSTEM . 10-35ARTICLE 10 – NATURAL GAS RATES. 10-36CHAPTER 5: FRANCHISES. 10-37ARTICLE 10 – FRANCHISE REQUIREMENTS . 10-37TITLE 11 ZONING ORDINANCES . 11-1ARTICLE #1 / SHORT TITLE . 11-2ARTICLE #2 / INTERPRETATION OF REGULATIONS. 11-3ARTICLE #3 / DEFINITIONS/USE CLASSIFICATIONS . 11-4ARTICLE #4 / DISTRICTS. 11-21ARTICLE #5 / AGRICULTURAL (A-1) DISTRICT . 11-24ARTICLE #6 / LOW DENSITY RESIDENTIAL (R-1) DISTRICT . 11-26ARTICLE #7 / MEDIUM TO HIGH DENSITY RESIDENTIAL (R-2) DISTRICT. 11-29ARTICLE #8 / MANUFACTURED HOME PARK (R-3) DISTRICT . 11-32ARTICLE #9 / GENERAL COMMERCIAL (C-1) DISTRICT . 11-39ARTICLE #10 / HIGHWAY COMMERCIAL (C-2) DISTRICT . 11-42ARTICLE #11 / LIGHT INDUSTRIAL (I-1) DISTRICT . 11-45ARTICLE #12 / HEAVY INDUSTRIAL (I-2) DISTRICT. 11-47ARTICLE # 12A RS-1, RESIDENTIAL SUBURBAN DISTRICT . 11-50ARTICLE #13 / ADDITIONAL AREA AND HEIGHT REGULATIONS. 11-53ARTICLE #14 / ADDITIONAL USE REGULATIONS . 11-55ARTICLE #15 / OFF-STREET PARKING AND LOADING REQUIREMENTS. 11-57ARTICLE #16 / SIGN REGULATIONS. 11-59iv
TABLE OF CONTENTSOrange City CodeARTICLE #17 / NONCONFORMITIES. 11-66ARTICLE #18 / SPECIAL EXCEPTIONS . 11-70ARTICLE #19 / ENFORCEMENT. 11-80ARTICLE #20 / VIOLATION AND PENALTY . 11-81ARTICLE #21 / BOARD OF ADJUSTMENT. 11-82ARTICLE #22 / CHANGES AND AMENDMENTS. 11-85ARTICLE #23 / SEVERABILITY CLAUSE. 11-87ARTICLE #24 / REPEAL OF CONFLICTING ORDINANCES . 11-88ARTICLE #25 / REPEAL OF CONFLICTING ORDINANCES . 11-89TITLE 12 SUBDIVISION REGULATIONS . 12-1TITLE 13 AIRPORT ZONING. 13-1CHAPTER 1: AIRPORT ZONING . 13-113-1- 1:13-1- 2:13-1-4:13-1- 5:13-1-6:13-1-8:13-1-9:13-1-10:13-1-11:TITLE. 13-2DEFINITIONS. . 13-2USE RESTRICTIONS. . 13-4LIGHTING. . 13-5VARIANCES. . 13-5JUDICIAL REVIEW. 13-5ADMINISTRATIVE AGENCY. 13-6PENALTIES:. 13-6CONFLICTING REGULATIONS. 13-6APPENDIX A - FRANCHISES . 1v
TITLE 1 - ADMINISTRATIVE1-1
CHAPTER 1: GENERAL ORGANIZATIONARTICLE 1 - CITY CODE1.01TITLE. These ordinances will be known and cited as the Municipal Code of OrangeCity, Iowa.1.02DEFINITIONS. Terms used within this Municipal Code shall have the meanings definedbelow, unless specifically defined otherwise.1."Administrator" means the City Administrator of Orange City, Iowa.2."Alley" means a public right-of-way, other than a street, affording secondarymeans of access to abutting property.3."City" means the City of Orange City, Iowa.4."City Code" or "Municipal Code" means the current Municipal Code of the Cityof Orange City, Iowa.5."Clerk" means the City Clerk of Orange City, Iowa.6."Code" means the specific chapter in which a specific subject is covered andbears a descriptive title word.7."Code of Iowa" refers to the codified body of Iowa statutes, as amended, in effectat the time of the adoption of this Code.8."Council" means the City Council of Orange City, Iowa9."County" means Sioux County, Iowa.10."Measure" means an ordinance, resolution, amendment or motion.11."Occupant, Tenant" applied to a building or land, shall include any person whoinhabits the whole or part of such building or land, whether alone or with others.12."Ordinances" means the ordinances of the City of Orange City, as incorporated bythe Municipal Code, ordinances not repealed by the ordinance adopting theMunicipal Code and those passed hereafter.13."Person" means an individual, firm, partnership, domestic or foreign corporation,company, association or joint stock association, trust, or other legal entity andincludes a trustee, receiver, assignee, or similar representative but does notinclude a governmental body.1-2
1.0314."Property" shall include real property, and tangible and intangible personalproperty unless clearly indicated otherwise.15."Property Owner" means a person owning private property in the city as shownby the county auditor's plats of the city.16."Public Place" includes but is not restricted to any city-owned space or property,either open or enclosed.17."Public Property" means any and all property owned by the city or held in thename of the city by any of the departments, commissions or agencies within thecity government.18."Sidewalk" means that portion of the street between the edge of the surfacing orcurb line and the adjacent property line.19."State" means the State of Iowa.20."Statutes, Laws" means the latest edition of the Code of Iowa as amended21."Street" means and includes any public way, highway, street, avenue, boulevardor other public thoroughfare, and includes the entire width between propertylines.22."Treasurer" means the City Treasurer of Orange City, Iowa.RULES OF CONSTRUCTION. In the construction of the City Code, the following rulesshall be observed:1.2.3.4.5.6.7.8.1.04Tense: words used in the present tense include the future.May: grants a power.Must: states a requirement.Shall or Will: imposes a duty.Gender: masculine gender shall include the feminine and neuter genders.Interpretation: all general provisions.The singular includes the plural, and the plural includes the singular.The words "Or" may be read "And" and "And" may be read "Or."AMENDMENTS. All ordinances which amend, repeal or affect the Municipal Code willinclude proper reference to title, division, chapter, article, section, and subsection tomaintain an orderly classification of ordinances of the City. Any amendment of anordinance shall include in full the language of the section, subsection, or paragraph asamended.(Code of Iowa, Sec. 380.2)1-3
1.05ALTERING CODE. It is unlawful for any person to change or amend by additions ordeletions any part or portion of the Municipal Code, or to insert or delete pages, orportions thereof, or to alter or tamper with the Municipal Code in any manner which willcause the law of the City to be misrepresented.1.06STANDARD PENALTY. Unless provided for elsewhere in the Municipal Code, anyperson failing to perform a duty, obtain a required license, or violating any provision ofthe Municipal Code, or rule or regulation adopted by reference shall be guilty of a simplemisdemeanor and, upon conviction, be subject to a fine of not more than five hundreddollars ( 500.00). The criminal penalty surcharge imposed by section 911.2 of the IowaCode shall be added to a city fine and is not a part of any fine imposed by the City.(Code of Iowa, Sec. 364.3(2))1.07SEVERABILITY. If any section, provision, or part of the Municipal Code is judgedinvalid or unconstitutional, such judgment will not affect the validity of the MunicipalCode as a whole or any section, provision, or part not judged invalid or unconstitutional.1.08CATCH-LINES. The headlines of the several Sections are intended as mere catchwordsto indicate the contents of the Section and shall not be deemed or taken to be titles ofsuch Sections, nor as any part of the Second, nor, unless expressly so provided, shall theybe so deemed when any of such Sections, including the catch-lines, are amended or reenact.1.09SEPARATE OFFENSE. If a violation of this code is committed on more than onecalendar day, a separate offense shall be deemed to have occurred on each such calendarday.1.10SINGLE OFFENSE. In cases where action or inaction is made punishable by more thanone provision of this code, the city may select the provision or provisions of this codeunder which to proceed. In such a circumstance, a single offense shall result in no morethan one conviction and penalty, subject to the provisions of section 1.09 of this chapter.1.11LIABILITY OF OFFICERS. No provision of this code designating the duties of anyofficer or employee of the city shall be construed to make such officer or employee liablefor any fine or penalty for a failure to perform such duty, unless the intention of thecouncil to impose such a penalty is specifically and clearly expressed in this code.1.12LICENSE REVOCATION; INFRACTION CHARGES; CIVIL REMEDIES. A violationof this code, in addition to the penalties provided in this chapter, may subject the violatorto loss of license or permit, a municipal infraction charge, or other civil remediesprovided in other sections of this code. Conviction and imposition of sentence under thischapter shall not bar any such other civil remedies.1.13WARRANTS. If consent to enter upon or inspect any building, structure or propertypursuant to a municipal ordinance is withheld by any person having the lawful right toexclude, the City officer or employee having the duty to enter upon or conduct theinspection may apply to the Iowa District Court in and for the County, pursuant toSection 808.14 of the Code of Iowa, for an administrative search warrant. No owner,operator or occupant or any other person having charge, care or control of any dwelling1-4
unit, rooming unit, structure, building or premises shall fail or neglect, after presentationof a search warrant, to permit entry therein by the municipal officer or employee.1.14EXTENSION OF AUTHORITY. Whenever an officer or employee is required orauthorized to do an act by a provision of this Code of Ordinances, the provision shall beconstrued as authorizing performance by a regular assistant, subordinate or a dulyauthorized designee of said officer or employee.1.15GENERAL STANDARDS FOR ACTION. Whenever this Code of Ordinances grantsany discretionary power to the Council or any commission, board or officer or employeeof the City and does not specify standards to govern the exercise of the power, the powershall be exercised in light of the following standard: The discretionary power to grant,deny or revoke any matter shall be considered in light of the facts and circumstances thenexisting and as may be reasonably foreseeable, and due consideration shall be given tothe impact upon the public health, safety and welfare, and the decision shall be that of areasonably prudent person under similar circumstances in the exercise of the policepower.1.16INDEMNITY. The applicant for any permit or license under this Code of Ordinances, bymaking such application, assumes and agrees to pay for all injury to or death of anyperson 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 issua
4. "City Code" or "Municipal Code" means the current Municipal Code of the City of Orange City, Iowa. 5. "Clerk" means the City Clerk of Orange City, Iowa. 6. "Code" means the specific chapter in which a specific subject is covered and bears a descriptive title word. 7. "Code of Iowa" refers to the codified body of Iowa statutes, as amended, in .
