City Ordinance: Building Numbering

CHAPTER 179
BUILDING NUMBERING

179.01 Definitions
179.02 Owner Requirements
179.03 Building Numbering Map


179.01 Definitions. For use in this chapter, the following terms are defined:

  1. ''Owner" means the owner of the principal building.
  2. "Principal Building" means the main building on any lot or subdivision thereof.

179.02 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 three (3) 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 ten (10) 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. (Code of Iowa, sec. 364.12[3h])

179.03 BUILDING NUMBERING MAP. The Clerk shall be responsible for preparing and maintaining a building numbering map.

City Ordinance: Animal Protection and Control

CHAPTER 85
GENERAL PROVISIONS

85.01 Definitions
85.02 Cruelty to Animals
85.03 Abandonment
85.04 Exhibitions and Fights
85.05 Injuries to Animals
85.06 At Large Prohibited
85.07 Bothersome Animals
85.08 Damage or Interference
85.09 Annoyance or Disturbance
85.10 Vicious Dogs
85.11 Owner's Duty
85.12 Confinement
85.13 At Large: Impoundment
85.14 Disposition of Animals
85.15 Number of Animals Restricted
85.16 Animals on Leash
85.17 Sanitation
85.18 Pet Awards Prohibited

85.01 DEFINITIONS. The following terms are defined for use in the chapters of this Code of Ordinances pertaining to Animal Protection and Control:

  1. "Animal" means a nonhuman vertebrate.
  2. "At large" means any animal found off the premises of the animal's owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.
  3. "Owner" means any person owning, keeping, sheltering or harboring an animal.

(Code of Iowa, Sec. 351.2)

85.02 CRUELTY TO ANIMALS. No person who impounds or confines, in any place, any domestic animal or fowl, or dog or cat, shall fail to supply such animal during confinement with a sufficient quantity of food and water, or shall fail to provide the dog or cat with adequate shelter, or shall torture, torment, deprive of necessary sustenance, mutilate, overdrive, overload, drive when overloaded, beat, or kill any such animal by any means which causes unjustified pain, distress or suffering, whether intentionally or negligently.

(Code of Iowa, Sec. 717.2)

85.03 ABANDONMENT. A person who has ownership 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.

(Code of Iowa, Sec. 717.4)

85.04 EXHIBITIONS AND FIGHTS. No person shall arrange, promote or stage an exhibition at which any animal is tormented, or any fight between animals or between a person and an animal, or shall keep a place where such exhibitions and fights are staged for the entertainment of spectators.

(Code of Iowa, Sec. 717.3)

85.05 INJURIES TO ANIMALS. No person, having no right to do so, shall maliciously kill, maim or disfigure any animal of another, or maliciously administer poison to any such animal, or expose any poisonous substance with the intent that the same should be taken by any such animal.

(Code of Iowa, Sec. 717.1)

85.06 AT LARGE PROHIBITED. It shall be unlawful for any owner to allow an animal to run at large within the corporate limits of the City.

85.07 BOTHERSOME ANIMALS. It shall be unlawful for a person to keep within the City such bothersome animals as barking dogs, bees, cattle, horses, swine and sheep which tend to disrupt the peace and good order of the community.

85.08 DAMAGE OR INTERFERENCE. It shall be 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.

85.09 ANNOYANCE OR DISTURBANCE. It shall be 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.

85.10 VICIOUS DOGS. It shall be unlawful for any person to harbor or keep a vicious dog within the City. A dog is deemed to be vicious when it shall have attacked or bitten any person without provocation, or when propensity to attack or bite persons shall exist and is known or ought reasonably to be known to the owner.

85.11 OWNER'S DUTY. It shall be 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 shall be 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.

(Code of Iowa, Sec. 351.38)

85.12 CONFINEMENT. If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board 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 after ten (10) days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.

(Ord. 5-01 - Nov. 01 Supp.)

(Code of Iowa, Sec. 351.39)

85.13 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.

85.14 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)

85.15 NUMBER OF ANIMALS RESTRICTED. No person or persons combined shall own, possess or keep more than three (3) mature animals, including dogs, in any one household within the City. This section shall not apply to a person who operates a commercial kennel as a bona fide business with the intent to make a profit. Persons''who own, possess or keep more than three (3) mature animals per household on the effective date of this Code of Ordinances shall be permitted to continue to own, possess or keep those animals only, but shall not be permitted to replace an animal which dies, is sold, transferred or otherwise disposed of until the total number of animals per household in decreased to three (3).

85.16 ANIMALS ON LEASH. No privately owned animal shall be allowed to run at large in any City park except by permission of the Board of Park Commissioners, and every such animal shall be deemed as running at large unless the owner carries such animal or leads it by a leash or chain not exceeding six (6) feet in length or keeps it confined in or attached to a vehicle, except for the training of dogs, and only then by permission from the Board of Park Commissioners. (Ord. 7-2000 - Oct. 00 Supp.)

85.17 SANITATION.

  1. No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any property, except the premises of the owner, unless such owner immediately removes and disposes of all deposits by such animals.
  2. No person owning, harboring, keeping or in charge of an animal within the City shall permit any waste matter from the animal to collect and remain on the property of the owner so as to cause or create an unhealthy, unsanitary, dangerous or offensive condition, or so as to create an odor.
  3. No person, owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.

(Ord. 7-2000- Oct. 00 Supp.)

85.18 PET AWARDS PROHIBITED.

(Code of Iowa, Ch. 717.E)

  1. Definitions. As used in this section, the following terms are defined:
    1. "Advertise" means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
    2. "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.
    3. "Fair" means any of the following:
      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 provisions of Chapter 174 of the Code of Iowa.
      2. An exhibition of agricultural or manufactured products.
      3. An event for operation of amusement rides or devices or concession booths.
    4. "Game" means a "game of chance" or "game of skill" as defined in Section 99B.l of the Code of Iowa.
    5. "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:
    1. A prize for participating in a game.
    2. A prize for participating in a fair event.
    3. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
    4. 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:
    1. 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.
    2. 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. 6-04 - Nov. 04 Supp.)

City Ordinance: Urban Chickens

CHAPTER 87
URBAN CHICKENS

87.01 Purpose
87.02 Definition
87.03 Site Requirements
87.04 Chicken Requirements
87.05 Coop Requirements
87.06 Pen Requirements

87.01 PURPOSE. The purpose of this chapter is to allow and regulate the keeping of urban chickens:


87.02 DEFINITION. For use in this chapter, the following terms are defined:

  1. “Chicken” means a member of the subspecies Gallus gallus domesticus, a domesticated fowl.
  2. “Coop” means a cage, enclosure or building used for housing and protecting chickens from weather and predators.
  3. “Pen” means an enclosure for chickens which allows freedom of movement but also prevents escape.
  4. “Rooster” means a male chicken.

87.03 SITE REQUIREMENTS. Unless specified elsewhere in this chapter, the following requirements shall apply:

  1. The property must be a single-family residence.
  2. A tenant must obtain the landlord’s written permission to install a coop
  3. Coops and pens shall be located only in the rear yard.
  4. Coops cannot be within 25 feet from any neighboring habitable structure.
  5. Coops cannot be located within 5 feet of the habitable structure on the owner’s property.
  6. Coops cannot be located within 8 feet of the property line.

87.04 CHICKEN REQUIREMENTS. Unless specified elsewhere in this chapter, the following requirements shall apply:

  1. Maximum number of chickens allowed is six (6) hens
  2. Roosters are prohibited
  3. Chickens must be housed in the coop from dusk to dawn.
  4. Slaughtering of a chicken is prohibited.
  5. Selling of eggs and chickens is prohibited.
  6. Chicken breeding or fertilizer production is not allowed.
  7. All feed and other items associated with the keeping of chickens shall be protected in a manner to prevent rodents from gaining access to or coming into contact with them.
  8. Adequate food, water and shelter shall be provided at all times.
  9. A chicken that is outside the pen is “at large” in violation of City Code.

87.05 COOP REQUIREMENTS.

  1. Coops shall be constructed, repaired, and maintained in a manor to prevent rodents from being harbored underneath or within the wall of the enclosures.
  2. Coops shall be built of solid materials such as wood, metal or plastic.  The materials used shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and windows or openings are constructed using the same material.
  3. Coops shall have at least one solid door and window that can provide adequate ventilation.
  4. A minimum of 4 square feet of space shall be provided per bird inside a coop.
  5. Coops shall be maintained to ensure proper sanitation for maintaining the health of the chickens and the keepers.  Chickens found to be infested with insects and parasites may be removed by a person designated by the Council with the assistance of the City Police, if necessary.
  6. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum of once weekly to avoid odor.  Fecal matter may be used as fertilizer if turned completely into the soil at least once weekly and there is no noxious odor.
  7. Coop shall be built in a well-drained area to prevent standing water.

87.06 PEN REQUIREMENTS.

  1. There shall be a minimum of 4 square feet of space per chicken.
  2. Shall be fenced at least 4 feet high and constructed of wood, chicken wire, or heavy gauge mesh wire.
  3. Feces shall be removed and disposed of in a sealed, enclosed container at a minimum of once weekly to avoid odor.  Fecal matter may be used as fertilizer if turned completely into the soil at least once weekly and there is no noxious odor.

City Ordinance: Trees

CHAPTER 142
TREES - GENERAL PROVISIONS

142.01 Purpose
142.02 Definitions
142.03 Planting Restrictions
142.04 Duty to Trim Trees
142.05 Assessment
142.06 Trimming Trees to Be Supervised
142.07 Removal of Trees

142.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to Trees is to beautify and preserve the appearance of the City by regulating and providing for the planting, care and removal of trees.

142.02 DEFINITIONS. For use in these chapters, the following terms are defined:

  1. "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.
  2. "Superintendent" means such person as may be designated by the Council.

142.03 PLANTING RESTRICTIONS. No trees or shrubs shall be planted in any City street, parking, street or highway right-of-way or in the area of any utility easements in the City of Lake Park, Iowa.

(Ord. 7-08- Aug. 08 Supp.)

142.04 DUTY TO TRIM TREES. The owner or agent of the abutting property shall keep the trees on, or overhanging the streets, trimmed so that all branches will be at least fifteen (15) feet above the surface of the street and eight (8) feet above the sidewalks.

(Code of Iowa, Sec. 364.12[2c])

142.05 ASSESSMENT. If the abutting property owner fails to trim the trees as required in this chapter, the City may serve notice on the abutting property owner requiring that such action be taken within five (5) days. If such action is not taken within that time, the City may perform the required action 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])

142.06 TRIMMING TREES TO BE SUPERVISED. It shall be 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.

142.07 REMOVAL OF TREES. The Superintendent shall remove, on order of the Council, any tree on the streets of the City which interferes with the making of improvements or with travel thereon. The Superintendent may additionally remove any trees on the street, not on private property, which are dead or have become diseased, or which constitute a danger to the public, or which may otherwise be declared a nuisance.

(Code of Iowa, Sec. 364.12[2c] & 372.13[4])

City Ordinance: Golf Carts

CHAPTER 78
GOLF CARTS AND SIMILAR CONVEYANCES

78.01 Purpose
78.02 Definition
78.03 Operation Permitted
78.04 Prohibited Streets
78.05 Operation
78.06 Rights and Privileges
78.07 Insurance
78.08 Violation

78.01 PURPOSE.  The purpose of this chapter is to regulate the operation of golf carts on certain streets in the City, as authorized by Section 321.247 of the Code of Iowa, as amended. This chapter shall be applicable whenever a golf cart is operated on any street or alley, within the city as provided in this chapter

78.02   DEFINITION.  “Golf cart” is defined as a motorized vehicle with three or four wheels that is not designed to be operated at a speed of more than twenty-five mile per hour (25 mph), whose purpose can include, but is not limited to, the playing of golf and is generally designed to carry persons including the driver.

78.03 OPERATION OF GOLF CARTS PERMITTED. Golf carts may be operated upon the streets of Lake Park, Iowa, by persons who are at least sixteen (16) years of age and possess a valid Iowa operator’s license, except as otherwise prohibited by this Chapter or the Code of Iowa.

78.04 PROHIBITED STREETS. Golf carts shall not be operated upon any City street which is a primary road extension through the City. However, golf carts may cross such a primary road extension. Market Street and M27 (135th Ave) are hereby designated as primary road extensions in Lake Park, Iowa.

78.05 OPERATION

  1. Equipment. Golf carts operated upon streets within the City of Lake Park shall be equipped with at least the following:
    1. Slow moving vehicle sign
    2. A bicycle safety flag, the top of which shall be a minimum of 5 feet from ground level; if cart has a canopy the flag must be above the canopy.
    3. Adequate brakes.
  2. Hours. Golf carts may be operated on City streets from sunrise to sunset. (As per Iowa Code 321.247)
  3. Speed. No golf cart shall be operated at a speed in excess of the lesser of 25 mph or a posted speed limit, nor shall any golf cart be operated at a speed greater than is reasonable and proper for the existing conditions.
  4. Sidewalks. Golf carts shall not be operated upon sidewalks
  5. Parking. Golf carts shall not be operated upon that portion of a street right-of-way between the curb or edge of street paving and the sidewalk referred to as “the parking”
  6. Seating Requirements. The driver of every golf cart operated on any public street or right of way is required to insure that all passengers of the golf cart are seated on a seat designed for use in a golf cart. If the golf cart has a bench seat, no more than three (3) people shall be seated on it. No person shall be allowed to ride upon the lap of another person or in any portion of the golf cart not designed for seated passengers. If the golf cart has safety belts installed, all occupants shall use those belts.

78.06 RIGHTS AND PRIVILEGES. Every person operating a golf cart upon a street or alley shall be granted all of the rights and privileges and shall be subject to all the duties and obligations applicable to the driver of a motor vehicle and to the motor vehicle laws of the City and State declaring the rules of the road applicable to the driver of the vehicle, except as to those provisions which by their nature can have no application. All City parking regulations are applicable to golf carts.

It is unlawful for any parent, guardian, or other person having the care, custody, and control of a minor under the age of sixteen (16) years to knowingly or negligently permit or allow such a minor to violate the provisions of this chapter (Code of Iowa, Sec. 321.219)

78.07 GOLF CART INSURANCE.  Financial responsibility is required.  The owner/operator of every golf cart being operated upon the streets and alleys of the City of Lake Park, Iowa, shall have in effect liability insurance covering operation of the golf cart in the same limits, as required of automobiles by the financial responsibility provision of Section 321A, Code of Iowa.

78.08 VIOLATION. Any person violating any section in this chapter is guilty of a simple misdemeanor.