Chapter 19-Licensing and Inspection of Rental Properties

TITLE III COMMUNITY PROTECTION

CHAPTER 19 LICENSING AND INSPECTION OF RENTAL PROPERTIES

3-19-1 PURPOSE
3-19-2 DEFINITIONS
3-19-3 REGISTRATION OF RENTAL PROPERTIES
3-19-4 RENTAL PERMIT REQUIRED
3-19-5 CONSENT TO INSPECTION
3-19-6 INSPECTION OF RENTAL PROPERTY AND ISSUANCE OF RENTAL PERMIT
3-19-7 RENTAL PERMIT EFFECTIVENESS
3-19-8 REVOCATION OF PERMIT
3-19-9 INSPECTION UPON COMPLAINT
3-19-10 REQUIRED ABATEMENT OF NONCONFORMING CONDITION
3-19-11 PROPERTY STANDARDS
3-19-12 MANDATORY BACKGROUND CHECKS
3-19-13 MANDATORY WRITTEN LEASE OR RENTAL AGREEMENT
3-19-14 FEES
3-19-15 APPEAL
3-19-16 IMPLEMENTATION OF ORDINANCE
3-19-17 VIOLATIONS
3-19-18 UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW

3-19-1 PURPOSE.
The purpose of this chapter is to provide for the inspection of residential rental properties within the corporate limits of the City of Maquoketa, Iowa, in order to ensure that such properties conform to minimum standards deemed necessary for the protection of the health and safety of the occupants thereof and the occupants of surrounding properties, and to inhibit the spread of urban blight.

3-19-2 DEFINITIONS.
For use in this chapter the following terms are defined:

1.) “City Manager” means the Maquoketa City Manager or his/her designee.

2.) “Dwelling” means any house, building or mobile home, or portion thereof, occupied or intended to be occupied as the place of habitation of human beings, either permanently or transiently.

3.) “Dwelling Unit” means one or more rooms within a dwelling intended to be occupied by human beings for living purposes. If a common area and facilities for cooking and eating are provided in a dwelling for the use of the occupants of units therein, such common area and facilities shall constitute a part of each dwelling unit for the purpose of inspection and compliance with this chapter, notwithstanding the fact that cooking is not allowed in individual units.

4.) “Landlord” means an “Owner” or “Manager” as defined herein.

5.) “Owner” means any person, persons, entity or entities that have legal title, individually or collectively, to rental property.

6.) “Manager” means a person or entity designated by the owner as the owner’s agent in supervising the operation and leasing of the owner’s rental property and authorized to act on behalf of the owner with the City concerning compliance with the requirements of this chapter.

7.) “Rental Permit” means the permit issued by the City of Maquoketa authorizing occupancy of a rental property.

8.) “Rental Property” means any dwelling or dwelling unit which is being held out or being offered for rent or is currently being let for rent and/or occupied by any person who is not the owner of the premises, except that the following properties shall not be regarded as rental properties:

a.) Hotels and Bed and Breakfast Inns as defined by Chapter 137 of the Iowa Code.

b.) All facilities that are licensed or certified by the Iowa Department of Inspections and Appeals.

3-19-3 REGISTRATION OF RENTAL PROPERTIES.
The owner of a rental property is required to register the owner’s rental property with the City by filing a completed registration form (as provided by the City) with the City Clerk accompanied by a fee for each dwelling or dwelling unit described in the registration form and in an amount as established from time to time by the City Council by appropriate resolution. Each owner must thereafter renew its registration annually by filing a completed registration form (as provided by the City) with the City Clerk on or before the anniversary date of the last registration filing, accompanied by payment of the fee as described above. Registration forms shall be available at the office of the City Clerk during regular business hours. Upon receipt of the completed registration form and registration fee, and upon completion of the inspection certifying compliance with the property standards described in this ordinance, a rental permit will be issued to the owner.

3-19-4 RENTAL PERMIT REQUIRED.
Except as otherwise provided herein, no owner shall rent or offer for rent any dwelling or dwelling unit for use in whole or in part for human habitation unless a rental permit has been issued for each dwelling unit. If a completed registration form, together with the required fee, has been received by the City, but the inspection cannot be completed within a reasonable time or prior to the expiration of the existing permit, then the City Manager is authorized to issue a temporary rental permit pending completion of the inspection of the dwelling unit by the City, and which will thereby authorize occupancy of the dwelling unit for the period designated in the temporary permit. No person shall occupy a dwelling unit unless a valid rental permit has been issued for the dwelling unit.

3-19-5 CONSENT TO INSPECTION.
By filing a registration form with the City, the owner is granting its consent to an inspection of the rental property by the City for the purpose of determining compliance with the property standards set forth in this chapter.

3-19-6 INSPECTION OF RENTAL PROPERTY AND ISSUANCE OF RENTAL PERMIT.
Rental properties shall be inspected and permits authorizing occupancy shall be issued as follows:

1.) Inspection. Upon receiving a registration form and registration fee, the City Manager will arrange to inspect each dwelling unit described in the registration form by contacting the owner or the manager to arrange for inspection within a reasonable period of time, or as soon as the City staff or City’s contractor is available to conduct the initial inspection. After the first three years of the ordinance, the City will use reasonable best efforts to conduct inspections within two weeks from the date of the City request for an inspection. The owner or manager or their designee shall be present at the time set for inspection and shall accompany the inspector during each inspection. The owner shall advise the occupant of these arrangements and of the occupant’s right to also be present during the inspection.

2.) Issuance/denial of the Rental Permit. If the City Manager finds that the dwelling unit substantially conforms to the minimum standards as set forth herein, then the rental permit shall thereupon be issued to the owner. If the inspection determines that the dwelling unit does not substantially conform to the standards, then the City will notify the owner of the specific findings of nonconformity and of the date by which abatement of these nonconforming conditions must be completed. In the event that the period for abatement extends beyond the expiration of the rental permit, then the City may issue a temporary rental permit for this abatement period unless the nonconforming conditions are deemed to be an immediate threat to the health and safety of the occupants. The City will re-inspect the property following expiration of the abatement deadline to confirm compliance with the property standards.

3.) Transfer of ownership. Upon transfer of ownership of the property for which the rental permit has been issued, the new owner or manager of the property shall apply for a transfer of the rental permit within 30 days after the date of transfer of ownership of the residential rental property. If application for transfer is timely made, then the rental permit will be transferred to the new owner or operator without charge or without further inspection and the rental permit will expire on the expiration date of the previous rental permit. If the application for transfer is not timely filed, then the City may cancel the rental permit and require registration of the unit and reinspection before a rental permit is issued.

3-19-7 RENTAL PERMIT EFFECTIVENESS.
Except as otherwise provided herein, a rental permit issued by the City shall remain effective for a period of one year from the date of issuance.

Except as otherwise provided herein, inspections of each rental unit will take place on a three-year rotation, running from the date of the initial inspection referenced in 3-19-6 (1.). The City will notify the owner or manager of the requirement for re-inspection of the property and will make arrangements for the inspection within a reasonable time.

In the event that the owner or manager of a rental property does not file a registration form and pay the required fee within 30 days following the expiration of the rental permit in any year, the City may, in its discretion, require reinspection of the property as a condition for renewal of the rental permit.

3-19-8 REVOCATION OF PERMIT.
A rental permit will be subject to revocation at any time after 10 days’ prior written notice to the owner or manager upon the following occurrences:

a.) Failure to timely file a registration form or timely pay the required fee and failure to cure this default within 10 days following receipt of the notice of noncompliance by the owner or manager.

b.) Discovery of nonconforming conditions on the property and which are not abated within the time period prescribed for abatement by the City in its notification to the owner or manager of nonconforming conditions.

c.) Conviction or judgment by a judge or judicial magistrate of the Iowa District Court finding a violation of any provision of this chapter.

In the event that the City Manager determines that the conditions of the rental property present an immediate threat to the health and safety of the occupants thereof or of neighboring properties, then the rental permit may be revoked immediately without prior notice to the owner or manager.

3-19-9 INSPECTION UPON COMPLAINT.
In addition to the inspections conducted by the City in conjunction with the issuance or renewal of rental permits, the City is authorized to inspect any rental property for compliance with the standards set forth herein upon receiving a complaint from:

a.) An occupant of the rental property concerning conditions on the property. The complaint shall be filed with the City Clerk on a form provided by the City. This form shall include a provision requiring the complainant to certify that he or she has registered a complaint with the landlord or manager at least fourteen (14) days prior to filing the complaint with the City and without receiving a satisfactory response from the owner or manager.

b.) An employee or representative of a local, state, or federal unit of governmental while acting within that role.

c.) A third party (not anonymous) that files a written complaint.

In whatever case, a landlord will not be charged any inspection-related fees if a complaint is unfounded.

3-19-10 REQUIRED ABATEMENT OF NONCONFORMING CONDITION.
Any owner who fails to abate nonconforming conditions, after receiving notice of noncompliance and within the time period prescribed by the City for abatement of these nonconforming conditions, is in violation of this Code of Ordinances.

3-19-11 PROPERTY STANDARDS.
Along with satisfying the requirements of ordinances, such as the Property Maintenance Ordinance (Title VI, Chapter 21 as amended from time to time) and the Nuisance Ordinance (Title III, Chapter 2 as amended from time to time), all rental properties must substantially conform to the following provisions:

1.) The lawn of the rental facility must be graded and drained in a way that it stays free of standing water.

2.) Roof water shall not be discharged in a manner that creates a public nuisance. Storm water shall not be discharged into the sanitary sewer.

3.) All exterior doors shall have safe, functioning locks.

4.) Every dwelling unit shall have at least two means of egress and every bedroom will have a minimum of one in addition to the entry door. However, where a lawful structure exists on the effective date of this ordinance, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.) No such structure may be enlarged or altered in a way in which increases its nonconformity.

b.) Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with this title.

c.) Should the premises upon which this structure is located be remodeled, rehabilitated or undergo a major reconstruction, the structure must be brought into compliance with this Ordinance’s requirements for egress. For purposes of this section, major reconstruction or rehabilitation shall be defined as construction, reconstruction or rehabilitation of the premises the cost of which exceeds thirty-five percent of the full taxable value of the improvements of the subject property, excluding the land. This subsection shall not apply in cases of undue financial hardship or where to do so would cause the property owner to violate historic preservation requirements as determined by the city.

d.) A sleeping room in a basement unit without emergency exterior exit shall not be considered or afforded status as a nonconforming use.

5.) Every window, skylight, door and frame shall be kept in sound condition, in good repair, and shall not be boarded up. Glass shall be free from major cracks and holes.

6.) Bathroom facilities and fixtures shall be maintained in a safe and functional condition, free from leaks.

7.) At least one bathroom with a properly-working flush-type toilet must be provided.

8.) A properly-working lavatory sink shall be provided.

9.) A properly-working bathtub or shower shall be provided.

10.) Kitchen facilities must be provided, including a working sink and water supply.

11.) Kitchen appliances, if provided by landlord, must be in working order.

12.) Every stairway shall be maintained in sound condition and in good repair. No permanent obstructions are permitted in hallways or stairways.

13.) Each interior door shall be easily operable and in good repair.

14.) Ceilings and interior walls shall be free from holes (excluding nail holes), in good repair and cover the building structure.

15.) Floors shall be sound and permanent floor coverings shall be free from tripping hazards.

16.) A safe and adequate smoke detector(s) must be provided in compliance with Iowa Administrative Code, Chapter 210; Smoke Detectors as amended from time to time.

17.) No tenant shall remove or disconnect any smoke detecting device.

18.) Every rental unit shall be connected to a safe electrical service provider.

19.) All fixtures and outlets shall be in a safe and functional condition or properly covered. Ground-Fault Circuit Interrupters (GFCI) are required for electrical outlets within six feet of a water source.

20.) No temporary wiring or extension cords shall be used except extension cords which run directly from portable electric fixtures to convenient outlets and which do not lie beneath floor coverings or extend through doorways, transoms or similar apertures in structural elements or attached thereto.

21.) Every rental unit shall be connected to a City or County approved water system.

22.) Every rental unit shall be connected to the City’s sanitary sewer or a septic system that is in proper working order.

23.) Dwelling must have an adequate heated water system. Water heaters shall be able to provide hot water to every sink, bathtub, shower and laundry facility. The property owner shall ensure proper installation and maintenance of water heater(s).

24.) The dwelling must have safe and properly-working heating facilities in all habitable rooms and bathrooms.

25.) Every rental unit must offer cooling by means of operable windows or a working cooling system. Every bathroom must offer an operable window or a ventilation fan.

26.) No dwelling or the premises thereof shall be used for the storage or handling of refuse.

27.) No dwelling shall foster a situation where rodent or pest infestation is a problem. Examples of this may include but are not limited to the actual evidence of pests.

28.) Every structure shall be free from obvious mold growth.

29.) All shared or public areas of such dwellings must be kept in a clean and sanitary condition.

30.) The owner must arrange for the removal of ice and snow. Such an arrangement can include an agreement where this duty is assigned to a tenant, but the ultimate responsibility for this is the owner’s.

31.) If provided by the owner, lighting of all exterior parking lots and walkways must be effective.

32.) If provided by the owner, parking areas and driveways must be maintained in proper condition.

33.) The owner must arrange for the maintenance of the yard(s) of the dwelling. Such an arrangement can include an agreement where this duty is assigned to a tenant, but the ultimate responsibility for this is the owner’s.

34.) No occupant shall keep or store property of any kind in any shared public area of the dwelling and premises thereof, nor shall any occupant place any garbage, refuse or rubbish in any such shared or public area other than a designated area per Iowa Code.

3-19-12 MANDATORY BACKGROUND CHECKS.
Owners and Managers of all Rental Properties for which a Rental Permit is required must substantially conform to the following provisions:

1.) Background checks required. Permit holders shall perform a criminal background check on all persons 18 years of age or older who newly occupy a rental unit as of the effective date of this Ordinance, whether or not the person(s) has signed a lease. This requirement shall not apply with regard to persons already occupying a given rental unit prior to that date.

2.) Minimum requirements of background checks. Background checks must be obtained through the Maquoketa Police Department. Background checks as referenced here shall include the following at a minimum:

a.) A report of activity from Iowa Courts Online.

b.) A report from the Iowa Sex Offender Registry and the National Sex Offender
Website maintained by the United States Department of Justice.

c.) Permit holders are encouraged, but not required, to obtain additional background information they deem appropriate.

d.) Nothing herein shall be construed to indicate any preference or recommendation on the part of the City as to the selection of a tenant.

4.) Exemptions. The criminal background check requirement is waived under any of these conditions:

a.) The tenant is personally known to the landlord, or;

b.) The rental property has no history of any documented code violations within the previous twelve (12) months, or;

c.) The landlord can demonstrate that an independent reference check was completed on the potential tenant(s), or;

d.) The landlord can demonstrate that a criminal background check from another source, but similar to the City’s, was performed on each applicable tenant.

It is a violation of this ordinance for a landlord to untruthfully claim an exemption to the background check requirement.

3.) Proof of Background Check. Upon the City’s request, Owners and Managers must be able to show proof that the background check requirement has been met.

3-19-13 MANDATORY WRITTEN LEASE OR RENTAL AGREEMENT.
Owners and Managers of all Rental Properties for which a Rental Permit is required must have written leases or rental agreements with their tenants.

1.) Minimum components. Such agreements must:

a.) List all occupants of the rental unit.
b.) Indicate where a rental unit is located.
c.) Provide the terms of the agreement, including the amount of rent and when it is due.
d.) Establish who is responsible for utility costs.
e.) Provide terms for the landlord’s access to the rental unit, such as 24-hour notice, emergencies, and welfare checks.
f.) Provide for a method for the landlord and tenant to give written notices to each other, including complete contact information for each party.
g.) Provide that tenants shall not commit any act or allow any activity to occur on the leased premises which violate any Federal, State, or local laws, regulations, or ordinances which are in effect or which may be enacted during the term of the lease or rental agreement.
h.) Describe an arrangement or responsibilities for emergency relocation of tenant(s), if ever needed.
2.) Proof of Lease or Rental Agreement. Upon the City’s request, Owners and Managers must be able to show proof that a lease or rental agreement is currently in force.

3.) Exemptions. The requirement for a written lease or rental agreement is waived under these conditions:

a.) The landlord and tenant have a familial relationship (defined as spouse, parents, children, brothers, sisters, grandparents, grandchildren, brother-in-law, sister-in-law, mother-in-law, father-in-law and step-family.)

3-19-14 FEES.
The following fees will be assessed to and paid by rental property owners in an amount as established from time to time by the City Council by appropriate resolution:

1.) Registration fee. Due upon filing initial and subsequent annual registration of rental properties with the City Clerk.

2.) Reinspection fee or Additional inspection fee. Due and payable for each inspection of a dwelling or dwelling unit that is in addition to an inspection required by this Ordinance, including occasions when the owner or manager doesn’t appear for an inspection.

3.) Complaint inspection fee. Due and payable for each inspection conducted by the City pursuant to a founded complaint filed with the City Clerk.

4.) Failure to appear fee. Due and payable upon failure of the owner or manager to appear at a scheduled inspection of a dwelling or dwelling unit.

5.) Criminal background check fee. This can be free-of-charge or for a fee that is due and payable at the time the service is performed.

Permits will not be issued nor inspections made until the fees required by this section have been received by the City Clerk.

3-19-15 APPEAL.
Any person aggrieved by a decision of the City in its administration of this chapter may file a request with the City Manager’s Office, on a form provided by the City, and directed to the City Manager requesting reconsideration of the contested decision. The City Manager will notify the applicant, in writing, within five days after its receipt by the City, of his/her decision. If the aggrieved party is not satisfied with the response of the City Manager, the aggrieved party may, within 10 days following the date of the City Manager’s response, file a written appeal to the City’s Property Maintenance Committee, on a form provided by the City, requesting reconsideration of the contested decision. This written appeal shall be filed with the City Manager. The City Manager will thereupon notify the aggrieved party of the date, time and place of hearing before the Property Maintenance Committee and at such hearing the aggrieved party may present testimony and evidence in support of his/her position. The Property Maintenance Committee will render an opinion on this appeal within 10 days following the date of hearing.

3-19-16 IMPLEMENTATION OF ORDINANCE.
The City may implement the registration and inspection of rental properties in stages in order to facilitate an orderly inspection of all rental properties requiring rental permits. The City may issue temporary rental permits to owners pending inspection of rental properties for which registration forms have been filed.

3-19-17 VIOLATIONS.
The violation of any provision of this chapter shall constitute a violation of the City of Maquoketa Code of Ordinances and subjecting the violator to the following penalties:

1.) Any owner who violates provision of this Chapter shall be guilty of a simple misdemeanor.

2.) Any violation of this Chapter or failure to perform any act or duty or requirement of this Chapter shall constitute a municipal infraction under Title III, Chapter 17 of this Code of Ordinances.

3.) The foregoing provisions concerning enforcement of this Chapter are not exclusive but are cumulative to any other remedies available under state law or local ordinance.

3-19-18 UNIFORM RESIDENTIAL LANDLORD AND TENANT LAW.
This Ordinance shall not be construed so as to affect in any manner the application of the Uniform Residential Landlord and Tenant Law, presently codified as Chapter 562A of the 2012 Iowa Code, and as amended from time to time.

Chapter 18-Negative Option Billing for Services

3-18-1 DEFINITIONS
3-18-2 NEGATIVE OPTION BILLING FOR SERVICES PROHIBITED
3-18-3 VIOLATIONS; PENALTIES

3-18-1 DEFINITIONS.

1. “Negative Option Billing For Services” is when a seller proposes to send or provide services not actually ordered or requested by the recipients, orally or in writing, and the recipients receive and are billed for services as proposed unless by a date or time specified by the seller the recipients instruct the seller not to send or provide the identified services.

2. “Recipients” is any person who receives services from a seller of such services.

3. “Seller” means any person engaged in the sale of services in the City of Maquoketa, Iowa.

4. “Services” shall not include the sending or providing of goods.

3-18-2 NEGATIVE OPTION BILLING FOR SERVICES PROHIBITED. The use by sellers of “negative option billing for services” is prohibited in the City of Maquoketa, Iowa. Notwithstanding the foregoing, however, nothing herein shall prohibit the use of Negative Option Plans as defined and regulated by Federal Trade Commission rules and concerning use of Negative Option Plans by sellers in commerce.

3-18-3 VIOLATIONS; PENALTIES. If any person engages in the use of negative option billing for services, said person shall be punished as provided in Section 1-3-1 of this Code. Each billing of an individual recipient pursuant to any negative option billing shall be considered a separate violation of this Article.

(Ord. 757, 8-5-91)

Chapter 17-Civil Penalty

3-17-1 DEFINITIONS.

1. Municipal Infraction. Except 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 Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances, City of Maquoketa, or any ordinance or code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances, City of Maquoketa, or any ordinance or code herein adopted by reference, is a “municipal infraction” and is punishable by civil penalty as provided herein, and the Court may grant appropriate relief to abate or halt the violation.

2. Officer: The term officer shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Maquoketa.

3. Repeat Offense: A recurring violation of the same section of the Code of Ordinances.

3-17-2 Violations, Penalties, and Alternative Relief.

A. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in the Code.

Schedule of Civil Penalties

First Offense – not to exceed $750.00 for each violation
Repeat Offenses – not to exceed $1,000.00 for each Repeat offense
Ord. 1035, 10-16-06) (Ord. 1106B, 1-21-13)

B. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.

C. 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.

3-17-3 Civil Citations.

A. Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.

B. The citation may be served by a personal service, substituted service, or by certified mail, return receipt requested, or by publication as provided in the Iowa Rules of Civil Procedure.
(Ord. 991, Passed April 19, 2004)

C. A copy of the citation shall be sent to the Clerk of the District Court.

D. 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.

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.

3-17-4 APPROPRIATE RELIEF. Upon a plea of guilty to a municipal infraction or upon a Court’s verdict of guilty to a municipal infraction the Court may impose a Civil Penalty or may grant appropriate relief to abate or halt the violation, or both, and the Court may direct that payment of the Civil penalty by suspended or deferred upon conditions established by the Court.

3-17-5 COSTS. A violator found guilty of a municipal infraction by plea of guilty or verdict of guilty shall be liable for Court costs and fees and upon a verdict of not guilty the City of Maquoketa, Iowa, shall be liable for court costs and fees occasioned by the filing of the Municipal Infraction Citation.

3-l7-6 CONTEMPT. If a violator willfully fails to pay the civil penalty imposed by the Court or violates the terms of other relief imposed by the Court or violates conditions established by the Court, then that violator may be punished for contempt of Court according to procedures set forth at Chapter 665 of the Code of Iowa. (Ord. 700, 12-5-88)

3-17-7 SUPER 8 MOTEL RESTRICTION. The licensed premises now known as the Super 8 Motel may serve alcoholic beverages to groups or individuals registered at the Motel premises for lodging or meeting room services at the Motel, but it shall be unlawful and a violation of the Maquoketa Municipal Infractions Ordinance for persons on the premises now known as the Super 8 Motel to serve alcoholic beverages to any persons other than those registered for services as described above or to any person who is not in the group that is so registered. (Ord. 775, 12-2-91)

Chapter 16-Going Out of Business Sales

3-16-1 DEFINITION
3-16-2 NOTIFICATION TO BUSINESS OWNERS
3-16-3 EXPIRATION OF SALE
3-16-4 EXEMPTIONS
3-16-5 NEW MANAGEMENT
3-16-6 ADDITIONAL MERCHANDISE PROHIBITED
3-16-7 STATE REGULATIONS
3-16-8 VIOLATIONS OF ORDINANCE

3-16-1 DEFINITION. “Going Out of Business Sale” as used herein, shall mean and include any sale publicized or advertised as a Going Out of Business Sale or a sale of the majority of merchandise on hand after which the business will cease to exist or a sale after which sales of like merchandise at the same location will be discontinued.

3-16-2 NOTIFICATION TO BUSINESS OWNERS. The City Manager shall notify in writing any business owner who conducts a going out of business sale of the following regulations:

1. Declaration of the starting date of the sale based upon the first date of displays or signs or media advertising announcing the sale.

2. Notification that a going out of business sale may be conducted for 60 calendar days and that the City Council approval is required for a 30 day extension of the sale.

3. Notification that State law and City Ordinance prohibit the delivery and sale of additional merchandise once the sale has been declared.

4. Notification that violations of this Ordinance will result in a fine of $50 for the first violation, $100 for the second violation and $200 for all subsequent violations. Each day that the violation continues will be considered as a separate violation.

3-16-3 EXPIRATION OF SALE. Any “Going Out of Business” sale may be continued sixty (60) days from the date of the start of the sale and shall not continue unless the applicant can show to the satisfaction of the Council that the stock of goods on hand has not been replenished and that the sale is being conducted in good faith. The Council may grant an additional thirty (30) days to the business owner to continue the sale.

3-16-4 EXEMPTION. The provisions of this Chapter shall not apply to or affect sales conducted by the following persons:

l. Persons acting pursuant to an order or process or a Court of complete jurisdiction.

2. Persons acting in accordance with their powers and duties as public officers.

3. Duly licensed auctioneers selling at a regularly licensed auction.

3-16-5 NEW MANAGEMENT. In the event there has been any change in the management of the business within sixty (60) days prior to the start of the sale, either through contract or outright sale, all advertisements of the sale shall show prominently that the establishment is under new management.

3-16-6 ADDITIONAL MERCHANDISE PROHIBITED. It shall be unlawful to bring on site and to offer for sale any additional merchandise once the going out of business sale has been advertised with sign or through media notification.

3-16-7 STATE REGULATIONS. Any person conducting a “Going Out of Business” sale shall be required to obey all of the provisions of the Code of Iowa, as amended (Chapter 714.16) governing the conduct of such sale.

3-16-8 VIOLATIONS OF ORDINANCE. Persons who violate or who participate in a violation by commanding or persuading another to violate the provisions of this Ordinance shall be subject to fines as set forth in Chapter 17, Title III of this Code, entitled, Civil Penalty for Municipal Infractions. An employee or an employers agent who orders an employer to violate this Ordinance or who knowingly permits an employer or person supervised to violate this Ordinance, shall be guilty of a violation of this Ordinance and subject to the penalties set forth in Chapter 17, Article III of this Code, entitled, Civil Penalty for Municipal Infractions.
(Ord. 705, passed 2-20-89)

Chapter 15-Electrical Interference

3-15-1 ELECTRICAL INTERFERENCE
3-15-2 AMATEUR BROADCASTING

3-15-1 ELECTRICAL INTERFERENCE. It shall be unlawful to operate any electrical or other wire, device, apparatus, instrument, machine or thing that causes reasonably preventable electrical interference with any other electrical apparatus, until such interference is removed either by improving the apparatus or by replacing it with other apparatus that will not cause interference.

3-15-2 AMATEUR BROADCASTING. It shall be unlawful for amateur radio broadcasters to broadcast on any wavelength other than that assigned them by the National Radio Commission. (C.76, 1-8-36)

Chapter 14-Unfair Housing Practices

3-14-1 PURPOSE
3-14-2 DISCRIMINATORY PRACTICES DEFINED
3-14-3 EXCEPTIONS
3-14-4 COMPLAINTS

3-14-1 PURPOSE. The purpose of this Chapter is to provide for the general welfare of the citizens of the City by declaring discriminatory practices in housing to be against public policy and to provide for proper procedures for the enforcement of this Chapter.

3-14-2 DISCRIMINATORY PRACTICES DEFINED. It shall be an unfair or discriminatory practice for any owner, or person acting for any owner, of rights to housing or real property, with or without compensation, including but not limited to, persons licensed as real estate brokers or salesmen, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will:

l. To refuse to sell, rent, lease, assign or sublease any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, sex, age, religion, national origin or disability of such person.

2. To discriminate against any person because of his race, color, creed, sex, age, religion, national origin or disability, in the terms, conditions or privileges of the sale, rental lease assignment, or sublease of any real property or housing accommodation or any part, portion or interest therein.

3. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment or sublease of any real property or housing accommodation, or any part, portion or interest therein by persons of any particular race, color, creed, sex, age, religion, national origin or disability is unwelcome, objectionable, not acceptable or not solicited.

3-14-3 EXCEPTIONS. The provisions of Section 3-14-2 hereof shall not apply to:

1. Any bona fide religious institution with respect to any qualifications it may impose based on religion, when such qualifications are related to a bona fide religious purpose.

2. The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or members of his/her family reside in one of such housing accommodations.

3. The rental or leasing of less than six (6) rooms within a single housing accommodation by the occupant or owner of such housing accommodation, if he/she or members of his/her family reside therein.

4. Restrictions based on sex on the rental or leasing of housing accommodations by a nonprofit corporation.

5. The rental or leasing of a housing accommodation within which residents of both sexes must share a common bathroom facility on the same floor of the building.

3-14-4 COMPLAINTS. Any person claiming to be aggrieved by a discriminatory or unfair housing practice within the City may make, sign and file a verified written complaint with the City Equal Opportunity Officer. The City Manager shall serve as Equal Opportunity Officer, unless another person is so designated by the Mayor.

l. The Equal Opportunity Officer shall investigate all complaints and conduct hearings in accordance with the procedures of Chapter 601A, Iowa Code, 1977, as amended.

2. The Equal Opportunity Officer may obtain an order of court for enforcement of his/her orders in a proceeding, as provided in Chapter 601A, Iowa Code 1977, as amended, (Ord. 523, 12-18-78)

Chapter 13-Taxicabs

3-13-1 LICENSE FEE
3-13-2 LIABILITY INSURANCE REQUIRED
3-13-3 APPLICATION FOR LICENSE
3-13-4 REVOCATION OF LICENSE
3-13-5 RATE TABLES IN VIEW

3-13-1 LICENSE FEE. It shall be unlawful to operate any motor vehicle kept for carrying passengers for hire and used principally in intracity operation upon the streets of the City without first procuring a license therefore from the Mayor, which license shall be the sum of seventy-five dollars ($75.00) a year for the first motor vehicle so operated, payable annually in advance.

The Clerk shall issue all licenses and such license shall then be signed by the Mayor, and no person shall engage in any business under such license, until such license has been signed by the Mayor.
(Ord. 854, 4-17-95)

3-13-2 LIABILITY INSURANCE REQUIRED. It shall be unlawful to grant or issue any such license, or operate any such vehicle, until there shall have been filed in the Office of the Clerk, and approved by the Mayor, a commercial liability insurance policy, issued by a company authorized to do business in the State, in an amount of at least one hundred thousand dollars ($100,000) per occurrence for the benefit of anyone entitled to damages on account of the operation of such motor vehicle.

The Agent issuing the liability insurance policy to the applicant shall immediately inform the City Clerk of any modifications or cancellations of the insurance coverage.

3-13-3 APPLICATION FOR LICENSE. In order to obtain such permit, the applicant must file with the City Clerk an application for such license, stating:

1. the type of types of vehicles to be used
2. The State License number thereof
3. The name of the owner of the vehicle used

3-13-4 REVOCATION OF LICENSE. The Council may revoke any such license of any person in violation of any of the provisions of this Chapter or State Law, and the license and all money paid therefore shall be forfeited. No license provided in this Chapter shall be transferred except by action of the Council.

3-13-5 RATE TABLES IN VIEW. It shall be unlawful to operate any such vehicle unless there is exposed in plain view of the occupants, in or upon each of the vehicles, a printed table of the rates as established in this Chapter.

There was an administrative error made in 2001. Accidentally the text below was inserted into this section. Ordinance No. 949 actually only deleted section 6, Transportation fees of this ordinance. All other sections remain intact.

THIS ORDINANCE WAS DELETED IN ITS ENTIRETY PER ORDINANCE NO. 949 PASSED 2-5-01

Chapter 12-Mobile Home Regulation

3-12-1 DEFINITIONS
3-12-2 HOMES RESTRICTED
3-12-3 EXISTING MANUFACTURED HOME PARKS
3-12-4 USES
3-12-5 GRANDFATHER CLAUSE
3-12-6 PURPOSE
3-12-7 PERMITTED USES
3-12-8 CONDITIONAL USES
3-12-9 STANDARDS AND CRITERIA
3-12-10 PROCEDURE FOR REVIEW AND APPROVAL OF A RMH PLAN
3-12-11 APPLICATION TO ENLARGE EXISTING MANUFACTURED HOME PARKS
3-12-12 INSPECTION OF MANUFACTURED HOME PARKS
3-12-13 ENFORCEMENT
3-12-14 VARIANCES
3-12-15 FEES
3-12-16 AMENDMENTS
3-12-17 BUILDING PERMIT

3-12-1 DEFINITIONS. Hereinafter the term home or homes shall refer to manufactured homes, mobile homes and modular homes defined as follows:

A. “Manufactured home” is a factory-built structure built under authority of 42 U.S.C. § 5403, is required by federal law to display a seal from the United States Department of Housing and Urban Development, and was constructed on or after June 15, 1976. If a manufactured home is placed in a manufactured home park, the home must be titled and is subject to the manufactured home square foot tax. If a manufactured home is placed outside a manufactured home park, the home is to be assessed and taxed as real estate.

B. “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; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A “mobile home” is not built to a mandatory building code, contains no state or federal seals, and was built before June 15, 1976. If a mobile home is placed outside a manufactured home park, the home is to be assessed and taxed as real estate.
C. “Mobile home park” means a site, lot, field, or tract of land upon which three or more mobile homes or manufactured homes, or a combination of any of these home, are place on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.
(Ord. 991, Passed April 19, 2004)

D. “Modular home” means a factory-built structure built on a permanent chassis which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa State Building Code for modular factory- built structures, and must display the seal issued by the State Building Code Commissioner. If a modular home is placed in a manufactured home park, the home is subject to the annual tax as required by section 435.22. If a modular home is placed outside a manufactured home park, the home shall be considered real property and is to be assessed and taxed as real estate.

3-12-2 HOMES RESTRICTED. From the 1st day of July, 1996, a home defined in 3-12-1 shall not be located outside of a manufactured home park except upon the following
conditions:

1. The home shall be located in a R-1 or R-2 district of the City of Maquoketa.

2. The home shall comply in all respects with the zoning regulations applicable to the R-1 zone.

3. The home shall have a permanent foundation system, in all respects the same as the foundation required of a site-built home.

4. The home shall meet minimum square footage requirement of a site built home which is nine hundred and sixty square feet. The home shall be assessed and taxed as a site-built dwelling on the lot.

3-12-3 EXISTING MANUFACTURED HOME PARKS. The City of Maquoketa hereby designates as a lawful residential manufactured home park any premises within the City limits that meets all of the requirements of the definition set forth at 3-12-1C: Manufactured Home Park; provided, that the premises met the requirements of the definition of a manufactured home park on or before July 1, 1996.

Manufactured home parks are classified as residential manufactured home parks and as recreational manufactured home parks. The location of a recreational mobile home park within a manufactured home park is prohibited; and, the storage or location of a recreational mobile home on the premises of a manufactured home park is prohibited.

3-12-4 USES. A home located in a manufactured home park may be used for any use
allowed in the R-1 districts of the City of Maquoketa.

3-12-5 GRANDFATHER CLAUSE. A home located outside of a manufactured home park prior to the 1st day of July, 1996, which does not comply with the requirements of 3-12-2 may continue to exist on the lot that it was located on July 1, 1996, subject to the following:

1. No home located outside of a manufactured home park that does not comply with the requirements of 3-12-2 may be replaced or partially replaced or partially rebuilt or increased in square footage unless and until the home on the lot has been brought into compliance with all of the requirements of 3-12-2.

2A. If a residential manufactured home park as defined at 3-12-1C existed on or before July 1, 1996, the owner of the park may continue to use each home lot for home purposes and the requirements governing manufactured home parks set forth in this Ordinance shall not be enforced against the owner of the park with the following exceptions:

2B. A home or a lot in a manufactured home park that does not comply with the terms of this Ordinance shall not be replaced or partially replaced or rebuilt or partially rebuilt unless or until the replacement or the rebuilt home or lot on which it is located complies with all of the terms of this Ordinance.

2C. A manufactured home park that does not comply with the terms of this Ordinance shall not be expanded, the number of homes shall not be increased, and the area of the park shall not be increased unless or until the park is brought into compliance with all of the terms of this Ordinance.

3-12-6 PURPOSE. Standards and regulations governing manufactured home parks are hereby established. The purpose of this section is to establish standards for the development and operation of residential manufactured home parks. The standards are intended to provide for diverse housing opportunities while promoting neighborhood enhancement and minimizing conflicts with other zoning districts. A residential manufactured home park may provide sites (herein defined as manufactured home lots) available for lease or rent only.

3-12-7 PERMITTED USES. In District RMH, no building, land, or premises shall be used, and no building shall be erected, constructed, reconstructed, located, relocated, or altered except in conformance with an approved final development plan and except for one or more of the following uses:

1. All permitted uses in District R-1, except that not more than two permanent dwelling units will be allowed in each manufactured home park.

2. Manufactured homes for single-family residential purposes only.

3. Recreational uses for exclusive use of the occupants of the manufactured home park.

4. Accessory uses customarily incident to the above uses.

3-12-8 CONDITIONAL USES. The following uses shall be permitted in District RMH only after the issuance of a conditional use permit pursuant to the provisions contained herein:

1. All uses listed as Conditional Uses in District R-1.

3-12-9 STANDARDS AND CRITERIA. The following standards and criteria shall apply to all RMH developments:

1. Height Regulations: Lot area, frontage, and yard requirements. Such regulations as specified in Section 3-18.

2. Yards:

A. All manufactured home lots shall be set back at least 25 feet from all perimeter property lines of the RMH District. The setback is intended to be a landscaped open area. Parking, streets, drives, accessory vehicles, and accessory uses shall not be allowed within the twenty-five (25) foot setback area. A permanent screen consisting of a masonry wall, wood fence, landscaping material, or combination thereof, at least eight (8) feet in height and, when a fence is used, not to exceed twelve (12) feet in height, shall be required around the perimeter of the site, except where the site is adjacent to a public street right-of-way. The required screening shall have an opacity of at least eighty (80) percent year around and, if landscaping is used, the eighty (80) percent opacity shall be achieved within four (4) full growing seasons. In the event a masonry wall or wood fence is used, landscaping shall be placed between the wall or fence and the property line to form an ornamental screen. The required screening shall be maintained in good order and not allowed to exist in a state of disrepair or death. If wood fencing is used, it shall be durable in nature or treated to prevent rapid deterioration. Failure to maintain the required screening shall be considered a violation of this Chapter.

B. Each manufactured home shall be set back at least twenty (20) feet from any public street right-of-way or private drive within the RMH development. Parking may be allowed within the twenty (20) foot setback..

C. Each manufactured home shall be set back at least ten (10) feet from all (manufactured home lot) lot lines which are not abutting a public street right-of-way or private drive. This setback shall not apply to parking areas, carports, and other accessory buildings which are located on lots which do not border the perimeter of the RMH District.

D. A private outdoor living area, such as a patio or deck, of at least forty (40) square feet shall be provided on each manufactured home lot adjoining the manufactured home.

3. Stormwater Management. A stormwater management system shall be designed to minimize the possibility of soil erosion and flood damage on site and downstream.

4. Lot Area. Each manufactured home lot shall be at least four thousand fifty (4,050) square feet.

5. Lot Width. Each manufactured home lot shall be at least forty-five (45) feet in width.

6. Streets and Drives. Interior access may be provided by public streets or private drives. Public streets shall be built to City standards. When private drives are used, the following criteria shall apply:

A. The private drives shall be constructed of Portland Cement Concrete or asphaltic concrete and shall be designed with adequate strength to accommodate design loadings and shall include curb and gutter.

B. When off-street guest parking is not provided, private drives shall be at least twenty-eight (28) feet in width.

C. When off-street guest parking is provided below, private drives shall be at least twenty-four (24) feet in width.

D. Cul-de-sac private drives shall not exceed seven hundred fifty (750) feet in length and shall be provided with an outside roadway diameter of not less than seventy-six (76) feet.

E. Intersecting private drives shall have centerlines as nearly straight as possible. Jogs with centerline effects of more than five (5) feet shall not be permitted.

F. Intersections of private drives at angles less than sixty (60) degrees shall not be permitted.

G. If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve at a radius acceptable to the City Engineer.

H. Grades:

1. Maximum – Ten (10) percent.

2. Minimum – Five-tenths (.5) of a percent.

I. All private drives entering a public street must meet at a right angle and be perpendicular to the public street for a minimum distance of fifty (50) feet without intersection of private drives. The intersecting private drive right-of-way with the public street right-of-way shall be rounded with radii of not less than thirty (30) feet.

J. On the corner lot on which a front or side yard is required, no wall, fence, sign, or other structure or no plant growth of a type which would interfere with traffic visibility across the corner shall be permitted or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the intersection of the edges of the private drives.
K. Street or drive connections to adjacent properties may be required when deemed appropriate by the Director of Planning and Development; however, under normal circumstances, RMH developments shall have their only access on perimeter streets.

7. Access. At least one access point onto a public street shall be provided for each one hundred (100) manufactured home lots.

8. Parking. Paved parking shall be provided on each manufactured home lot at a rate of two (2) parking spaces per manufactured home. In addition, paved guest parking lots shall be provided throughout the RMH development containing parking spaces at the rate of one (1) parking space per manufactured home within the RMH development. The guest parking will not be required when public streets or private drives serving the interior of the development are constructed at least twenty-eight (28) feet in width. Parking shall not be allowed on private drives less than twenty-eight (28) feet in width. Parking shall be allowed on one side only of private drives which are at least twenty-eight (28) feet in width. Parking shall be allowed on both sides of private drives which are at least thirty-two (32) feet in width.

9. Stands and Tie-Downs for Manufactured Homes:
A. A stand shall be provided for each manufactured home. Said stand shall be placed on or in the ground in such manner as to provide support and leveling for such manufactured home, and shall be designed in accordance with the building code.
B. Anchorage and tie-down shall be provided on each manufactured home lot to prevent overturning or uplift of the manufactured home. The anchorage and tie-down shall be adequate to withstand wind forces and uplift as required in the building code.

10. Skirting. All manufactured homes shall be skirted. The skirting shall be done so that it is compatible with the manufactured home unit’s materials and it shall be of a finished nature. Composition building board and raw wood shall not be used as skirting unless finished with a weatherproof and termite proof material.

11. Miscellaneous Standards for Manufactured Home Parks:
A. A map of the layout of the manufactured home park, of a scale not greater than 1:50, showing the location of individual manufactured home spaces by number, shall be displayed on the park office building, or on the identification sign at the entrance to the manufactured home park.
B. Each space for a manufactured home shall be provided with a sewer outlet not less than four (4) inches in diameter, connected to the main sewer system.
C. Lighting shall be provided for all private streets, walkways, buildings, and other facilities subject to nighttime use in accordance with City requirements for residential streets and walkways.
D. The manufactured home development shall provide storage areas, in addition to automobile parking requirements, for accessory vehicles such as trucks and boats. The minimum area required for such storage shall be one parking space for each ten (10) manufactured homes.
E. Storage facilities for tenants may be provided on the manufactured home lot or in compounds placed near the manufactured home lots. Storage facilities shall be constructed of suitable weather resistant materials.
F. All yards and other open spaces not otherwise paved or occupied by structures shall be landscaped and maintained.
G. Any enclosed structure attached to a manufactured home shall be made out of compatible or similar exterior materials and in conformance with City Building Codes. No structure shall be constructed within 10 feet from the lot line of any lot which borders the perimeter of the RMH District.

3-12-10 PROCEDURE FOR REVIEW AND APPROVAL OF A RMH PLAN

1. The first step in the approval process is a concept review to discuss the proposal. The concept review is an informal discussion and review between the Zoning Officer and the Developer to discuss land use and development concepts, applicable regulations, and other concerns that may be raised.

2. The applicant shall prepare and submit a preliminary RMH development plan to the Commission for its review. The Commission shall then hold a public hearing.

3. The preliminary development plan shall show the following:

A. The name of the RMH development.

B. A north arrow, scale, and the size of the site to the nearest acre.

C. The name of the record owners of the land.

D. Existing zoning of the tract and the zoning of all adjacent property.

E. The existing topography of the site with contour intervals no greater than five (5) feet.

F. The approximate location and arrangement of proposed manufactured home lots and other buildings on the site.

G. The total number of manufactured homes proposed and the density of development.

H. The proposed location of parking areas, an estimated parking ratio, and the general arrangement of spaces and drives on the site.

I. The approximate location of any existing or proposed right-of-way.

J. The approximate location of existing sanitary sewers and water mains within or adjacent to the site.

K. Natural and modified drainage ways, proposed culverts, and detention areas, if applicable, on the site.

L. Existing waterways and/or wooded areas, and the approximate location of the one hundred-year floodplain, if applicable.

M. A general description of proposed landscaped areas on the site.

N. The stages of development, if applicable.

O. Signatures blocks for Commission and Council approvals.

P. The following items shall be submitted along with the plan:

1. A fee to cover advertising costs.

2. A legal description of the property.

3. The names and addresses of all property owners within one hundred eighty-five (185) feet of the property.

4. After the public hearing, the Commission shall forward the preliminary development plan to the Council with its recommendation.

5. The Council, after a public hearing, may approve, approve conditionally, or deny the preliminary development plan. Approval of the preliminary development plan shall place RMH zoning on the site.

6. After Council approval of the preliminary development plan, the applicant shall submit a final RMH development plan for review and approval by the Commission. After review, the Commission shall forward the final development plan to the Council with its recommendation.

7. The final development plan submittal shall include the following:

A. The name of the RMH development.

B. A North arrow, scale, small location map, and the size of the site to the nearest one-tenth of an acre.

C. A survey of the land prepared under the supervision of a registered land surveyor.

D. The name and address of the record owners of the land.

E. Name of adjacent property owners of unsubdivided land and the names of the adjacent subdivisions.

F. The location of the boundary lines of the site in relation to any section line or quarter-section line and any corporate boundaries immediately adjacent.

G. The existing topography of the site with contour intervals no greater than five (5) feet, and the specific location of the one hundred-year floodplain, if applicable.

H. The location of all manufactured home lots, manufactured homes, and other proposed buildings on the site.

I. The location and number of parking spaces, drives, and the parking ratio.

J. The location and width of existing street rights-of-way, alleys, roads, railroad rights-of-way, and recorded easements; and the proposed location, width, name, and grade of any new streets, private drives, and sidewalks.

K. The approximate location of proposed sanitary sewers, water mains, and storm sewers.

L. Signature blocks for Commission and Council approvals on all exhibits considered part of the final development plan.

M. A stormwater management plan.

N. A landscaping plan including design, location, size, and type of materials.

8. Approval of the final development plan shall be deemed as satisfying the requirements of the subdivision regulations for a preliminary plat, provided all those requirements have been met.

9. No permits shall be issued until a final plat of the RMH site is approved by the Council.

10. From and after two (2) years following the date of approval, of a final RMH development plan by the Council, the Council may, by a majority vote, withdraw approval of such final development plan, provided development has not commenced.

11. Minor adjustments to an approved final RMH development plan may be authorized by the Director of Planning and Development.

12. Changes, other than those considered minor by the Director of Planning and Development, shall be submitted to the Commission for its review. If the change is considered to be in substantial compliance with the preliminary development plan, the Commission may approve a revision to the final development plan. If the change is a substantial deviation from the intent of the approved preliminary development plan, a revised preliminary development plan shall be required and shall be reviewed as a new proposal.

3-12-11 APPLICATION TO ENLARGE EXISTING MANUFACTURED HOME PARKS. Application to enlarge manufactured home parks existing on the effective date of this section shall be subject to all provisions of this section relating to requirements for new parks. Such applications shall be accompanied by plans (preliminary and then final) showing both the proposed enlargement and it relationship to the existing RMH development. When a final development plan is approved for an extension of a manufactured home park existing on the effective date of this section, the screening requirements of Section 29-11(D)(3) shall apply to the entire manufactured home park.

3-12-12 INSPECTION OF MANUFACTURED HOME PARKS. The Zoning Officer and Health Officer of the City shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter. It shall be the duty of the manufactured home park management to give the Health Officer or Building Inspector free access to all lots for the purpose of inspection.

3-12-13 ENFORCEMENT. The City Manager or his/her appointee shall have authority to enforce this Ordinance.

The owner of a mobile home park shall notify the City Manager prior to the placement or replacement of any home in the park.

A violation of this ordinance shall be a municipal infraction and shall subject the owner of the park and the owner of a home to the remedies set forth in that Ordinance.

3-12-14 VARIANCES. Large Scale Developments. The standards and requirements of these regulations may be modified by the City Council in case of a plan or program for a complete community or neighborhood unit. Such modification shall not be made until after written recommendation of the Planning and Zoning Commission, which recommendation may be given when, in the judgment of the Planning and Zoning Commission, the specific plan or program presented provides adequate public space and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.

Variances, General. The City Council hereby reserves the authority to vary the strict application of the provisions herein contained, but such variances shall be exercised only upon written recommendation of the Planning and Zoning Commission and only after a written findings of fact is made by the Planning and Zoning Commission that:

A. The purpose of the variations not base exclusively upon a desire for financial gain; and

B. The conditions creating the need for a variance are unique and are not applicable generally to other property and have not been created by any person having an interest in the property; and

C. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were adhered to; and

D. The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the area in which the property is located.

3-12-15 FEES. An application for a variance to these subdivision regulations shall be
accompanied by a filing fee of fifty dollars ($50.00). The fee shall be deposited in the General Fund of the City. Denial of the requested change shall not cause the fee to be refunded to the petitioner.

3-12-16 AMENDMENTS. Additions or amendments to this Ordinance may be made by the City Council upon recommendation of the City Planning and Zoning Commission
and when so adopted are incorporated in this Ordinance by addenda.

3-12-17 BUILDING PERMIT. No building permit shall be issued by any governing official for the planning of any home or improvement to the land or any lot within a manufactured home park as defined herein, until all requirements of this Ordinance have been fully complied with.

(Ord. 878, 7-1-96)

Chapter 11-Massage Establishments; Massage Services

3-11-1 DEFINITIONS
3-11-2 COMPLIANCE REQUIRED
3-11-3 EXEMPTIONS
3-11-4 LICENSES FOR MASSAGE ESTABLISHMENTS
3-11-5 LICENSES FOR CORPORATE MASSAGE ESTABLISHMENTS
3-11-6 SUSPENSION OR REVOCATION OF LICENSE
3-11-7 MASSAGE THERAPIST LICENSE
3-11-8 SUSPENSION OR REVOCATION OF MASSAGE THERAPIST LICENSE
3-11-9 MASSAGE THERAPIST INTERN LICENSE
3-11-10 THERAPY CONDUCTED OFF MASSAGE ESTABLISHMENT PREMISES
3-11-11 HOME MASSAGE TREATMENT
3-11-12 HEALTH STANDARDS
3-11-13 UNLAWFUL ACTS
3-11-14 INSPECTION REQUIRED

3-11-1 DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this Chapter be defined as follows:

A. City Manager: The term City Manager means the City Manager of the City of Maquoketa or the City Manager’s duly authorized representative.

B. Corporate massage: The term corporate massage means a massage which is administered to the neck, shoulders, back, arms, hands, and fingers of the client who is clothed and seated, and without the use of oils, creams, lotions, or other preparations and is performed at the client’s workplace.

C. Corporate massage establishment: The term corporate massage establishment means an established place of business within the corporate limits of the City of Maquoketa which is not located in a structure used or occupied as a residence or living quarters and the sole purpose of the business will be to conduct business for “Corporate Massages” or services provided in “Therapy Conducted Off Massage Establishment Premises” as provided in this Chapter.

D. Massage establishment: The term massage establishment means any place of business wherein any of the treatments, techniques, or method of treatment referred to in the definition of “massage or massage service” are administered, practiced, used, given or applied.

E. Massage or massage service: The term massage or massage service means any method of pressure on or friction against, or rubbing, stroking, kneading, tapping, pounding or vibrating the external parts of the body with the hand or any other body parts, or by any mechanical or electrical instrument, under such circumstances that it is reasonably expected that the individual to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

F. Massage patron: The term massage patron means any individual who receives, or pays to receive, a massage or massage service from a massage therapist for value.

G. Massage therapist: The term massage therapist means any individual who engages in the business of performing massage or massage services on or for other individuals by use of any or all of the treatments, techniques, or methods of treatment referred to in the definition of “massage or massage service.”

H. Person: The term person means any individual, partnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.

I. Person of good moral character: As used in this Chapter shall mean any person who meets all of the following requirements:

1. The person has such financial standing and good reputation as will satisfy the issuing authority that the person will comply with this Chapter and with all laws, ordinances, and regulations applicable to the person’s operations under this Chapter.

2. Said person has not held a license under this Chapter which has been revoked during the year last preceding the date of application.

3. Said person has not been convicted of a felony involving moral turpitude. However, if this conviction of a felony occurred more than five years before the date of the application for a license under this Chapter, and if said person’s rights of citizenship have been restored by the Governor, the issuing authority may determine that the person is of good moral character notwithstanding such conviction.

J. Recognized school: The term recognized school means any school or educational institution licensed by the appropriate public authorities to do business as a school or educational institution in the State in which it is located, or recognized by or approved by or affiliated with the American Massage Therapy Association Incorporated, and which it has for its purpose the teaching of the theory, method, profession, or work of massage, provided such schools require an in-classroom course of training of not less than 500 hours before the student shall be furnished a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, except persons qualifying with lesser hours as provided in Section hereafter.

K. Sporting event: A pre-scheduled organized event where supervised sporting activities are performed under the jurisdiction of a sponsor which is open to the public.

L. Workplace: An established place maintained by an employer where employees regularly report to work each working day designed for the principle purpose of performing scheduled work activities for the employer for compensation.

3-11-2 COMPLIANCE REQUIRED. No person shall provide, engage in, operate, own, conduct, carry on or permit to be provided, engaged in, operated, owned, conducted or carried on any massage or massage service of any type or kind including, but not limited to, massage establishment, corporate massage establishment, massage parlor, massage service business or any massage business or service offered in conjunction with or as part of any health club, health spa, resort or health resort, gymnasium, athletic club, or any other business, without compliance with the provisions of this Chapter. No person shall perform the services, duties or work of a massage therapist except in compliance with the provisions of this Chapter.

3-11-3 EXEMPTIONS. The following persons and institutions are excluded from the
operation of this Chapter.

A. Persons licensed by the State of Iowa under the provisions of Chapters 148, 148B, 150, 150A, 15l, 152, 157 and 158 of the Iowa Code, when performing massage therapy or massage services as a part of the profession or trade for which licensed.

B. Persons performing massage therapy or massage services under the direct supervision of a person licensed as described in paragraph A above.

C. Persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician.

D. Nurses’ aids, technicians, and attendants at any hospital or health care facility licensed pursuant to Chapters 135B, 135C or 145A of the Iowa Code, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in paragraph A above.

E. An athletic coach or trainer:

1. In any accredited public or private school, or

2. Employed by a professional or semi-professional athletic team or organization, in the course of his or her employment as such coach or trainer.

3-11-4 LICENSES FOR MASSAGE ESTABLISHMENTS.

A. No person shall provide, engage in, operate, own, conduct, carry on or permit to be provided, engaged in, operated, owned, conducted or carried on any massage business in the City unless the premises at which said massage business is located meet the minimum standards set forth in Section 3-11-12 of this Chapter and unless a license to operate a massage establishment is obtained from the City in compliance with the provisions of this Chapter.

B. Any person seeking a license to operate a massage establishment shall make application therefor to the City Clerk. The Clerk shall cause an investigation of such application and of the background of the applicant to be made by the Police Department, The results of such investigation shall be reported to the City Council. The Clerk shall also cause an investigation to be made by the Fire Department and City Inspector to determine that all requirements of this Chapter have been satisfied and that the applicant has fully complied with all applicable ordinances and regulations to buildings, zoning, fire and health.

C. The application shall contain the following:

1. The full name, address and social security number of the applicant, as well as any aliases by which the applicant has been or is currently known.

2. The full name of the business, the address of the premises for which the application is being made, and all telephone numbers where the business is to be conducted.

3. The criminal record of the applicant, if any.

4. A statement that the applicant is of good moral character.

5. A sworn statement that the contents of the application are true.

6. Proof that the applicant is an adult.

7. The type of business entity such as sole proprietorship, partnership or corporation and, in the case of a corporation, the names and residence addresses of all officers and directors of the corporation and of each stockholder holding ten percent or more of the stock of said corporation; in the case of a partnership, the names and residence addresses of all partners including limited partners of the partnership.

8. All information required herein of any applicant shall also be required of every person who, directly or indirectly, has any right to participate in the management or control of the business to be conducted at the premises of the proposed massage establishment.

9. The name and address of the owner of the building where such massage establishment will be located.

10. Certified copies of any lease or rental agreement governing the applicant’s right in said building.

11. The signature of the applicant or applicants or, if the application is in the name of a corporation, the signature of each officer of the corporation; if the application is in the name of a partnership, the signature of each partner, including limited partners, of the partnership.

D. Fees shall be charged for massage establishment licenses in conformity with a schedule of fees adopted by resolution of the City Council.

E. The Building, Fire and Police Departments shall make written reports of their investigations and shall submit such reports to the City Clerk within 45 days of the application. The City Clerk shall then place the matter before the City Council. If the City Council finds that the applicant has fully complied with all requirements of this Chapter and with all applicable ordinances and codes regulating fire, buildings, health and zoning and that the applicant is of good moral character, the City Council shall authorize the issuance of a license to conduct a massage business at the location designated in the application. Such license shall expire one year from the date of issuance.

F. Each massage establishment shall have a separate license for each place of business, which shall be valid only for the business conducted at that location.

G. Each massage establishment shall display its license conspicuously in the lobby or waiting room area where such license may be readily observed by all persons entering such premises.

H. No massage establishment license shall be sold or transferred. The purchaser or purchasers of any massage establishment or of the majority of the stock of any corporation operating a massage business shall obtain a new license before operating such business at the location for which the license has been issued or at any other location.

3-11-5 LICENSES FOR CORPORATE MASSAGE ESTABLISHMENTS.

A. Any person seeking a license to operate a corporate massage establishment shall make application therefor to the City Clerk. The Clerk shall cause an investigation of such application and of the background of the applicant to be made by the Police Department. The results of such investigation shall be reported to the City Council. The Clerk shall also cause an investigation to be made by the City Inspector to determine that all requirements of this Chapter have been satisfied and that the applicant has fully complied with all applicable ordinances and regulations relating to buildings and zoning.

B. The application shall contain the following:

1. The full name, address and social security number of the applicant, as well as any aliases by which the applicant has been or is currently known.

2. The full name of the business, the address of the premises for which the application is being made, and all telephone numbers where the business is to be conducted.

3. The criminal record of the applicant, if any.

4. A statement that the applicant is of good moral character.

5. A sworn statement that the contents of the application are true.

6. Proof that the applicant is an adult.

7. The type of business entity such as sole proprietorship, partnership or corporation and, in the case of a corporation, the names and residence addresses of all officers and directors of the corporation and of each stockholder holding 10 percent or more of the stock of said corporation; in the case of a partnership, the names and residence addresses of all partners including limited partners of the partnership.

8. All information required herein of any applicant shall also be required of every person who, directly or indirectly, has any right to participate in the management or control of the business to be conducted at the premises of the proposed corporate massage establishment.

9. The name and address of the owner of the building where such corporate massage establishment will be located.

10. Certified copies of any lease or rental agreement governing the applicant’s right in said building.

11. The signature of the applicant or applicants or, if the application is in the name of a corporation, the signature of each officer of the corporation; if the application is in the name of a partnership, the signature of each partner, including limited partners, of the partnership.

C. Fees shall be charged for corporate massage establishment licenses in conformity with a schedule of fees adopted by resolution of the City Council.

D. The City Inspector shall make a written report of their investigations and shall submit such reports to the City Clerk within 45 days of the application. The City Clerk shall then place the matter before the City Council. If the City Council finds that the applicant has fully complied with all requirements of this Chapter and with all applicable ordinances and codes regulating fire, buildings, health and zoning and that the applicant is of good moral character, the City Council shall authorize the issuance of a license to conduct a corporate massage business at the location designated in the application. Such license shall expire one year from the date of issuance.

E. Each corporate massage establishment shall have a separate license for each place of business, which shall be valid only for the business conducted at that location.

F. Each corporate massage establishment shall display its license conspicuously in the lobby or waiting room area where such license may be readily observed by all persons entering such premises.

G. No corporate massage establishment license shall be sold or transferred. The purchasers of any corporate massage establishment or of the majority of the stock of any corporation operating a massage business shall obtain a new license before operating such business at the location for which the license has been issued or at any other location.

3-11-6 SUSPENSION OR REVOCATION OF LICENSE

A. The massage establishment license or corporate massage establishment license of any licensee may be suspended or revoked for violation of any of the provisions of this Chapter, or for failure to comply with applicable fire regulations, building regulation, or health ordinances, or statutes, or for permitting massage therapists, who are either employed by the licensee or who are allowed by the licensee to perform the services or work of a massage therapist upon the premises of the licensee, to violate the provisions of this Chapter.

B. In the event the City Manager is apprised of information indicating that grounds for suspension or revocation of a massage establishment license or a corporate massage establishment license may exist, the Commissioner shall cause an investigation of such grounds to be made by the appropriate City department or departments and shall advise the City Council in writing of the results of the investigation. If the City Council determines that the report reveals the probable existence of grounds for suspension or revocation, it shall direct written notice by ordinary mail to the licensee named on the application at the massage establishment address informing such person of its intention to hold a public hearing on the question of whether such license should be suspended or revoked and the grounds therefor, stating the date and time of said hearing. Upon said hearing, if the City Council shall determine that such cause does exist:

1. If the determination is the first such for that licensee, it may suspend the license for up to one month, and thereupon such licensee shall cease massage business at that location and at any other location for the period of suspension;

2. If the determination is the second or subsequent such for that licensee, it may revoke the license at that location, and no massage establishment license or corporate massage establishment license shall be issued nor shall such businesses be conducted at that location for a period of one year, nor shall the licensee be permitted to conduct such business in the City at any location for that period.

C. Nothing herein shall be deemed to deny to any licensee claiming to be aggrieved by suspension or revocation of a license issued hereunder any applicable judicial remedies provided for by the laws of the State of Iowa.

3-11-7 MASSAGE THERAPIST LICENSE

A. No individual shall perform the services, duties or work of a massage therapist without first receiving a massage therapist license from the City Clerk. Such license shall not be required for the owner of a licensed massage establishment who performs the services, duties or work of a massage therapist in his or her own establishment provided such individual provides the information required in subsection C5 and C7 hereof on the application for massage establishment license, and states that such owner will be a massage therapist at such establishment. Each massage therapist who on the effective date of this Chapter is performing massage and massage service within the City must comply with the application and licensing provisions of this Chapter within thirty (30) days of such effective date. Failure to so comply shall place such massage therapist in violation of the Section.

B. Any individual seeking a massage therapist license shall make application therefor to the City Clerk. The City Clerk shall cause an investigation into the background of such applicant to be made by the Police Department. The results of said investigation shall be reported to the City Council.

C. The application shall contain the following information:

1. The full name, address, age and social security number of the applicant, as well as any aliases by which the applicant is currently or has been known.

2. The criminal record of the applicant, if any.

3. A statement that the applicant is of good moral character.

4. Proof that the applicant is an adult.

5. A list of all training in massage that the applicant has received.

6. A sworn statement that the contents of the application are true.

7. A certificate issued by a licensed physician certifying the applicant is in good health as may be required by the Police Department in its investigation.

8. The name and location of the licensed massage establishment and/or corporate massage establishment where the applicant will be employed.

9. The name and address of the recognized school attended, the dates attended, a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than 500 hours of in classroom instruction. The 500 hour requirement does not apply to persons licensed by the City of Maquoketa prior to January 20, 1986, provided such persons completed the required number of hours of in-classroom instruction in effect before the 500 hour requirement was enacted.

D. The Police Department shall make a written report of its investigation to the City Clerk within thirty (30) days of the application. Upon receipt of the police report and all of the information required to be included in the application, the City Clerk shall place the matter before the City Council. If the City Council finds that the applicant has fully complied with all requirements of this Chapter, and that the applicant is a person of good moral character, the City Council shall authorize the issuance of a massage therapist license to the applicant. The license shall expire one year from the date of issuance.

E. The massage therapist license, when issued, shall be valid only for the massage establishment and/or corporate massage establishment listed on the application. A massage therapist changing place of employment shall have his or her license amended by the City Clerk to show that the establishment proposing such employment holds a valid massage establishment license before commencing work for a new employer. The City Clerk shall notify the Police Department immediately of the amendment of any massage therapist license.

F. All massage therapists who have licenses issued pursuant to this Chapter shall keep said licenses at their place of employment as massage therapists except in the case of providing the service of a corporate massage, a home massage treatment, or at a sporting event. The massage therapist shall be able to, upon request of the client or City employees exhibit the license as evidence of compliance with all requirements of this Chapter.

G. The fee for a massage therapist license and for amendment of massage therapist’s license shall be as established by resolution of the City Council.

3-11-8 SUSPENSION OR REVOCATION OF MASSAGE THERAPIST LICENSES.

A. The massage therapist license of any massage therapist may be suspended or revoked for any violation of this Chapter, or any State or local laws or ordinances or regulations.

B. The City Manager may, upon receipt of information alleging that grounds exist to suspend or revoke the massage therapist license of any license holder under this Chapter, report the circumstances to the City Council, which shall in such case cause a notice to be sent by ordinary mail to the licensee which notice shall state that a suspension or revocation hearing has been set before the City Council, the grounds for the proposed suspension or revocation, the date and time of the hearing and the place where the hearing will be conducted. Upon said hearing, if the City Council shall determine that such grounds do exist, it may suspend or revoke the license. In the event such license is revoked, no massage therapist license shall be issued to that licensee for a period of one year.

C. Nothing herein shall be deemed to deny to any massage therapist license holder claiming to be aggrieved by suspension or revocation of a massage therapist license any applicable judicial remedies provided for by the laws of the State of Iowa, including right to appeal to District Court.

3-11-9 MASSAGE THERAPIST INTERN LICENSE.

A. Any individual seeking a massage therapist intern license shall be currently enrolled in a recognized school and shall make application therefor to the City Clerk. The City Clerk shall cause an investigation into the background of such applicant to be made by the Police Department. The results of said investigation shall be reported to the City Council.

B. The application shall contain the following information:

1. The full name, address, age and social security number of the applicant, as well as any aliases by which the applicant is currently or has been known.

2. The criminal record of the applicant, if any.

3. A statement that the applicant is of good moral character.

4. Proof that the applicant is an adult.

5. A list of all training in massage that the applicant has received.

6. A sworn statement that the contents of the application are true.

7. A certificate issued by a licensed physician certifying the applicant is in good health as may be required by the Police Department in its investigation.

8. The name and location of the recognized school where the applicant is enrolled and the date enrolled.

9. A sworn statement or a certificate of completion from the recognized school that the applicant has satisfactorily completed not less than 250 hours of in-classroom instruction.

C. The Police Department shall make a written report of its investigation to the City Clerk within thirty (30) days of the application. Upon receipt of the Police report and all of the information required to be included in the application, the City Clerk shall place the matter before the City Council. If the City Council finds that the applicant has fully complied with all requirements of this Chapter, and that the applicant is a person of good moral character, the City Council shall authorize the issuance of a massage therapist intern license to the applicant. The license shall expire 120 days from the date of issuance.

D. All massage therapist interns who have licenses issued pursuant to this Chapter shall be able to, upon request of the client or City employees, exhibit the license or evidence of compliance with all requirements of this Chapter.

E. No licensed massage therapist intern shall receive compensation of any kind for providing a massage service other than for credit to be applied to the completion of the requirements for graduation from the recognized school in which they are enrolled.

F. The recognized school in which the licensed massage therapist intern is enrolled shall maintain a record of where and when an intern provides a massage service. Said record shall be made available for review upon request of the City Manager or the Chief of Police.

G. The fee for a massage therapist intern license shall be as established by resolution of the City Council.

3-11-10 THERAPY CONDUCTED OFF MASSAGE ESTABLISHMENT PREMISES.

A. Massages may be administered in the client’s home, at the client’s work place, or at a sporting event, by any massage therapist having a license issued in accordance with this Chapter, and provided the massage therapist complies with all the requirements of this Chapter, except those specifically relating to the requirements of a massage establishment.

B. No massage therapist shall administer any massage services at a location which does not conform to or comply with the standards set forth in Section 3-11-12 of this Code, except when a corporate massage, a home massage treatment, or a massage service at a sporting event is administered.

C. When a corporate massage is administered, or a massage service is provided at a sporting event, the massage therapist shall wash his or her hands using soap or disinfectant before and after administering a massage to each client.

D. All corporate massages and massage services at sporting events shall meet and comply with all of the applicable health regulations of State and local regulatory bodies.

E. No corporate massage shall be administered between the hours of 10:00 p.m. and 7:00 a.m.

3-11-11 HOME MASSAGE TREATMENT. Massages may be administered in the client’s home by any massage therapist having a license issued in accordance with this Chapter.

3-11-12 HEALTH STANDARDS. Every massage establishment and massage therapist shall comply with the following health standards:

A. No massage establishment shall be established, maintained or operated in the City that does not conform to or comply with the following standards:

1. Each room or enclosure where massage services are performed on patrons shall be provided with a minimum of four foot candles of light as measured four feet above the floor.

2. The premises shall have adequate equipment for disinfecting and cleaning non-disposable instruments and materials used in administering massage services. Such materials and instruments shall be cleaned after each use.

3. Hot and cold running water shall be available at all times.

4. Closed cabinets shall be provided and used for the storage of all equipment, supplies and clean linens. All used disposable materials and soiled linens and towels shall be kept in covered containers or cabinets, which containers or cabinets shall be kept separate from clean storage cabinets.

5. Clean linen and towels shall be provided for each massage patron. No common use of towels or linens shall be permitted.

6. All massage tables, bathtubs, shower stalls, sauna baths, steam or bath areas and all floors shall have surfaces which may be readily cleaned.

7. Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or cabinets.

8. Adequate bathing, dressing, locker and toilet facilities shall be provided for all patrons served at any given time. All patrons’ lockers shall be lockable. In the event male and female patrons are to be served simultaneously, separate bathing, dressing, locker, toilet and massage room facilities shall be provided.

9. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use.

10. Each massage therapist shall wash his or her hands in hot running water using soap or disinfectant before and after administering a massage to each patron.

11. The premises shall be equipped with a service sink for custodial services which sink shall be located in a janitorial room or custodial room separate from massage service rooms.

12. No person shall consume food or beverages in massage work areas.

13. Animals, except for seeing-eye dogs, shall not be permitted in massage establishments.

14. All massage establishments shall continuously comply with all applicable building, fire or health ordinances and regulations.

B. No massage therapist shall administer a massage:

l. If said massage therapist believes, knows or should know that he or she is not free of any contagious or communicable disease or infection.

2. To any massage patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption; provided, however, that a physician duly licensed to practice in the State of Iowa may certify that such a person may be safely massaged prescribing the conditions therefor.

3. To any person who is not free of communicable disease or infection or whom the massage therapist believes or has reason to believe is not free of communicable disease or infection.

3-11-13 UNLAWFUL ACTS. It shall be unlawful for any person to do any of the acts
hereinafter stated:

A. No massage patron receiving a massage shall caress or fondle the massage therapist administering the massage.

B. No massage therapist shall masturbate or fondle the genital areas of a massage patron.

C. No massage therapist shall administer a massage to a massage patron unless such therapist’s sexual and genital body parts are completely covered by opaque clothing.

D. No massages shall be administered to massage patrons of different sexes in the same room or enclosure at the same time.

E. No massage therapist shall administer any massage services, and no massage patron shall receive a massage from a massage therapist, at any place other than a massage establishment licensed in accordance with this Chapter, except in accordance with the provisions made in this Chapter for home massage treatment, a corporate massage, or a massage service at a sporting event.

F. No massage establishment licensee shall allow or knowingly permit massage therapists in his or her employ to administer massage services to a massage patron at any location other than a massage establishment covered by a license issued in accordance with this Chapter, except in accordance with the rules and regulations that relate to corporate massage and home massage treatment or a massage service at a sporting event.

G. No person shall permit any person under the age of eighteen (18) years to come or remain on the premises of any massage establishment as massage therapist, employee, or patron, unless such person is on the premises on lawful business.

H. No person shall sell, give, dispense, provide, keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverages or beer in any massage establishment except on licensed premises holding a liquor license or beer permit as provided by the laws of Iowa.

I. No massage establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 7:00 a.m.

3-11-14 INSPECTION REQUIRED. The Chief of Police or his or her authorized representatives shall be authorized to make inspections of each massage establishment and corporate massage establishment for the purposes of determining that the provisions of this Chapter are fully complied with.

Section 2. Penalty. Any person, firm or corporation violating any provision, section or paragraph of this Ordinance shall be guilty of a simple misdemeanor. Each day a violation occurs shall constitute a separate offense.
(Ord. 991, Passed April 19, 2004)

Section 3. Separability of Provisions. It is the intention of the Council that each section, paragraph, sentence, clause, and provision of this Ordinance is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance nor any part thereof other than that affected by such decision.

Section 4. That the changes as provided in this Ordinance shall be made a part of the replacement pages of the City Code, City of Maquoketa, Iowa, and made a part of said Code as provided by law.

(Ord. 740, passed 1-21-91)

Chapter 10-Licenses

3-10-1 DEFINITIONS
3-10-2 LICENSE REQUIRED
3-10-3 APPLICATON FOR LICENSE
3-10-4 FEE PAYMENT
3-10-5 ISSUANCE OF A LICENSE
3-10-6 FEES AND DURATION OF LICENSE
3-10-7 REVOCATION OF A LICENSE
3-10-8 APPEAL
3-10-9 EFFECT OF REVOCATION
3-10-10 REBATES
3-10-11 TRANSFER OF LICENSE PROHIBITED
3-10-12 DISPLAY OF LICENSE
3-10-13 EXEMPTIONS
3-10-14 SPECIAL REQUIREMENTS

3-10-1 DEFINITIONS. For use in this Ordinance the following terms are defined:

1. The term “junk dealer” shall mean any person engaged in collecting, storing, buying or selling junk. “Junk” means articles or materials that, because of age, deterioration or use, have lost their original utility or desirability but that by alteration, restoration or salvage may furnish an item or items of value.

3-10-2 LICENSE REQUIRED. It shall be unlawful for any person to engage in any activity, vocation, or profession regulated by this Ordinance without a valid license from the City of Maquoketa, Iowa.

3-l0-3 APPLICATION FOR LICENSE. Application for any license under this Ordinance shall be made in writing on forms furnished by the City Clerk. One application shall be filed with the City Clerk and shall include:

1. The applicant’s full name and address, the address of his/her local business establishment, and the nature of his/her business.

2. If the applicant is not the owner of the place which the business is to be conducted, the name and address of the owner.

3. If the applicant is a corporation or other association, it shall also list the names and addresses of its principal officers.

4. The attachment of a receipt from the City, showing payment of all fees.

3-10-4 FEE PAYMENT. All fees required by this Ordinance shall be paid to the City Clerk, who shall give the applicant a written receipt showing the sum received and the date of receipt.

3-10-5 ISSUANCE OF A LICENSE. If the City Clerk finds that all of the prescribed conditions for the issuance of a license have been satisfied, that no grounds for revocation under 3-10-7 of this Ordinance exists, and that the special requirements of 3-10-14 of this Ordinance have been complied with, the license shall issue immediately to the applicant. The Clerk must make a determination where to issue the license within ten (10) days from the date a completed application is submitted. If the Clerk refuses to act within this ten (10) day period, the applicant shall have a right to a hearing before the Council at its next regular meeting on whether the license should be issued.

3-10-6 FEES AND DURATION OF LICENSE.

1. An applicant may apply for an annual or a daily license. The annual license shall be valid for one year after the date on which it is issued. The daily license shall be valid for only one twenty-four (24) hour period, but the applicant may apply for and receive 7 daily licenses at one time. However, no daily license shall be issued more than 3 days before the date for which the license is valid.

2. The fees for licenses shall be:

A. Junk Dealers

1. For one day – $5.00

2. For one week – $10.00

3. For up to six months – $15.00

4. For one year or major part thereof – $25.00

3-10-7 REVOCATION OF A LICENSE. After giving a licensee 7 days notice and after a hearing, the Clerk may revoke any license issued under this Ordinance for the following reasons:

1. The licensee has made fraudulent statements in his/her application for the license or in the conduct of his/her business.

2. The licensee has violated this Ordinance or has otherwise conducted his/her business in an unlawful manner.

3. The licensee has conducted his/her business in such manner as to endanger the public welfare, health, safety, order or morals.

The notice shall be in writing and shall be served personally or as required for personal
service by the Iowa Rules of Civil Procedure. The notice shall state the time and place of the hearing and the reasons for the intended revocation.

3-10-8 APPEAL. If the City Clerk revokes or refuses to issue a license, he/she shall endorse his/her reasons upon the application. 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, if a quorum, and the City Clerk shall carry out the Council’s decision.

3-10-9 EFFECT OF REVOCATION. Revocation of a license shall bar the licensee from being eligible for any license under this Ordinance for a period of 3 months from the date of revocation.

3-10-10 REBATES. Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee he/she has paid if he/she surrenders his/her license before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least one dollar of the original fee shall be retained by the City to cover administrative costs.

3-10-11 TRASFER OF LICENSE PROHIBITED. In no case shall a license issued under this Ordinance be transferred to another person or be used for a purpose other than that for which it was issued.

3-10-12 DISPLAY OF LICENSE. Every person who is issued a license under the provisions of this Ordinance shall display the license in a conspicuous place on the premises on which the business is being conducted.

3-10-13 EXEMPTIONS. This Ordinance shall not be construed to require a license of each employee or agent of one engaged in a licensed occupation. Only the owner, manager or agent of such an occupation need possess a license.

3-10-14 SPECIAL REQUIREMENTS. Every person who is granted a license under the terms of this Ordinance shall comply with the following regulations that apply in his/her case:

1. Junk dealers.

A. Every junk dealer shall maintain a permanent record book that shows a description of each item received, the name and address of the person from whom it was received, the quantity or weight of each item, the amount paid, and the time and date of the transaction.

B. Every junk dealer shall segregate each day’s collection for a period of forty-eight (48) hours. During this period no item shall be disposed of or altered in any manner.

C. A junk dealer shall not purchase or receive junk from a minor unless he/she first receives the written consent of the minor’s parent or guardian. Such consent shall be attached to the record book as a part of the permanent record.

D. The County Health Officer and peace officers shall be permitted at all times to inspect the junk dealer’s premises for the existence of materials or conditions dangerous to the public health.

E. All junkyards shall be enclosed within a solid fence at least eight (8) feet in height, which hides the contents of the yard from the public view. Materials within the yard shall not be stacked higher than the surrounding fence. Any gates in said fence shall be of solid material and equal height.

Subchapter 10A Permits for Moving Buildings or Structures

3-10A-1 PERMIT REQUIRED.
3-10A-2 APPLICATION FOR PERMIT
3-10A-3 FEE PAYMENT
3-10A-4 PRE-MOVING CONFERENCE
3-10A-5 DENIAL OF PERMIT
3-10A-6 INSURANCE REQUIREMENTS
3-10A-7 ISSUANCE OF PERMIT
3-10A-8 EXCEPTIONS TO REQUIREMENT OF A PERMIT
3-10A-9 EQUIPMENT
3-10A-10 REIMBURSEMENT OF CITY COSTS
3-10A-11 EXPIRATION OF PERMIT

3-10A-1 PERMIT REQUIRED. It shall be unlawful for any person to engage in any activity regulated by this Chapter without obtaining a valid permit in advance in accordance with the procedures of this Chapter.

3-10A-2 APPLICATION FOR PERMIT. An application for a permit pursuant to this Chapter shall be made in writing on forms furnished by the City Clerk. The application shall include:

1. The applicant’s full name, address and telephone number; the name, address and telephone number of the applicant’s business, and the nature of the applicant’s business.

2. A proposed date and time for the proposed move.

3. The address the building or structure will be moved from.

4. The address and legal description of the parcel the building or structure will be moved to.

5. A map showing the proposed route of the move, including all affected public or private utilities and businesses.

6. A diagram or drawing showing the dimensions of the parcel to which the building or structure will be moved and the location of the building or structure on that parcel.

7. The dimensions and height of the building or structure to be moved.

8. The name and address of all utilities, businesses or other entities that will be affected by the proposed move.

9. The name and address of the applicant’s insurance agent.

10. The name and address of the applicant’s insurance company or companies that will provide insurance coverage as required by this Chapter.

11. The application shall be accompanied by a photograph of the building or structure to be moved, sufficient to demonstrate its length, width and height.

12. The application shall be accompanied by proof of insurance as required by Section 3-10A-6 of this Chapter.

3-10A-3 FEE PAYMENT. The applicant shall pay a fee in the sum of $25.00 to the City Clerk at the time the application is submitted. No application shall be processed until this fee shall be paid in full by the applicant. The fee shall be non refundable.

3-10A-4 PRE-MOVING CONFERENCE. Before issuance of a permit and unless waived by the City Manager, a pre-moving conference shall be held. The pre-moving conference may include, but not be limited to, the Maquoketa Public Safety Committee, the City Manager, the Public Works Director, a representative from the Maquoketa Police Department, and any of these invited parties: a representative from each affected utility, a representative from each affected business, and any interested State or County representatives. All such representatives shall submit in writing, at or prior to the pre-moving conference, the conditions and requirements of their agencies. A general strategy for the move shall be planned and a date for the move shall be finalized at or following the pre-moving conference.

3-10A-5 DENIAL OF A PERMIT. No permit shall be issued to move a building to a lot or parcel located within the city if any of the following apply:

1. The land to which the building or structure is proposed to be moved is not a legal lot of record.

2. The building or structure proposed to be moved to a lot will not comply with the City of Maquoketa Zoning Ordinance when placed on the lot at its proposed location.

3. The proposed use of the building or structure is prohibited by the City of Maquoketa Zoning Ordinance.

4. The building or structure constitutes a nuisance pursuant to local or state law at the time of the proposed move.

5. The building or structure does not comply with the city’s property maintenance ordinance or is a dangerous building as defined by local or state law at the time of the proposed move.

6. The building or structure will not be connected to city services, including, but not limited to, water and sewer, within a reasonable period of time following the move.

7. The building or structure is too large to move without endangering persons or property, whether public or private, including damage deemed unacceptable by the city to trees, or requiring the undue relocation of utility lines, street signs or other public improvements.

8. The building or structure is in such a state of deterioration or disrepair, is otherwise so structurally unsafe, or is otherwise of such size, that it cannot be moved without endangering persons or property, whether public or private.

9. The applicant’s equipment, or the applicant’s plan for the proposed move, is unsafe so that persons or property, whether public or private, are endangered.

3-10A-6 INSURANCE REQUIREMENTS. The applicant shall provide proof of workers compensation insurance covering his or her employees in compliance with Iowa law, and also public liability insurance issued in an amount and by a company or companies satisfactory to city covering personal injury, death or property damage suffered by anyone other than his or her employees during the course of the activities covered by the permit. The applicant shall furnish the city with a certificate or certificates of insurance of the insurance company or companies issuing the above-specified policy or policies of insurance at the time of the pre-moving conference and again on the date of the scheduled move, certifying that the applicant has such insurance in force.

3-10A-7 ISSUANCE OF PERMIT. The City Clerk shall grant a permit following the pre-moving conference if all of the following conditions are met:

1. A proper application has been filed containing all information required by this Chapter.

2. The applicant has filed proof of insurance as required by Section 3-10A-6.

3. The City Clerk has made a finding that the permit is not prohibited by any the provisions of Section 3-10A-5.

3-10A-8 EXCEPTIONS TO REQUIREMENT OF PERMIT. No permit shall be required for:

1. The moving of a building or structure not more than ten (10) feet wide, not more than sixteen (16) feet long, and which is not more than fifteen (15) feet in height when situated on a truck or moving carriage.

2. The moving of a building or structure by the city.

3-10A-9 EQUIPMENT. The applicant shall use only dollies with ruber-tired wheels in moving a building or structure. The weight of the building shall be supported on the dollies so that the wheel load will not exceed the pavement design as established by the city engineer, or properly designed planking, approved by the city engineer, shall be used so as not to overload or damage pavement or underground utilities within the public streets. Properly designed planking, approved by the city engineer, shall also be required over all sidewalks and curbs over which a building is moved.

3-10A-10 REIMBURSEMENT OF CITY COSTS. An applicant to whom a permit is granted shall reimburse the city for all costs and expenses for materials and labor related to moving the building or structure that are incurred by the city. This obligation to reimburse shall include, but not be limited to, the cost of city staff and labor billed at an hourly rate, the cost of the city engineer incurred in connection with the project, any relocation costs incurred by the city, and the costs of labor and material to repair or replace any damaged public property or public improvements. The city may require the applicant to post a bond or letter of credit in a sum sufficient to cover these anticipated expenses.

3-10A-11 EXPIRATION OF PERMIT. A permit under this Chapter shall expire six (6) months following the date of issuance.
(Ord. No. 1046, 06-04-07)