PREFACE
This volume constitutes the third revision and codification of the
General Ordinances of the City of Muscatine, Iowa, since 1918. It
contains such Ordinances of a general and permanent nature enforced
on December 17, 1981, as were found desirable for retention, except
those especially saved from repeal by the adopting Ordinance.
The original Charter approved on February 1, 1851, was first
revised and codified on January 19, 1956. The Code was subsequently
revised and codified again on April 21, 1966. This, the third revision
and codification, was adopted by the City on December 17, 1981. The
two previous recodified Codes are available in the Clerk's Office
for historical purposes.
This volume was codified and edited by the City staff and reviewed
for content by the City Council and the City's various Boards and
Advisory Commissions. Recognition is due to the City Council and City
staff as follows:
Honorable Mayor
Evelyn L. Schauland
Council Members
John H. Duncan
Susan L. Koehrsen
Joan M. Hilton
Donald R. Platt
Larry D. Kemp
Robert H. Rada
Richard H. Waltman
Staff
Frank Anson ------ Sanitation Superintendent
Steve Boka-------- Building and Zoning Administrator
Ray Childs-------- City Engineer
Don LeMar--------- Streets and Grounds Director
Bill McGonagle---- Museum and Art Center Director
Carol F. Myhr----- Police Chief
Craig Olson------- Water Pollution Control Director
Jack Paetz-------- Housing Administrator
Deb Rauh---------- Finance Director
Paula Smith------- Library Director
Kevin Whittaker--- Planning Administrator
Arlen Wiggs------- Community Development Director
Larry Wolf-------- Parks and Recreation Director
Paul Ziegenhorn--- Fire Chief
Special recognition is expressed to Harvey G. Allbee, Jr., City
Attorney, for his legal assistance throughout the codification process.
Soren Wolff
City Administrator
CITY OF MUSCATINE
CITY CODE
TABLE OF CONTENTS
Chapter
Page
Adoption of Code
Original Charter
Title 1 Administrative
i
iii
City Charter ..................................................................................
1
2
City Code ......................................................................................
2
4
City Boundaries ............................................................................
3
7
Precincts and Wards .....................................................................
4
9
Elections .......................................................................................
5
16
Mayor and City Council ...............................................................
6
18
City Attorney ................................................................................
7
21
City Administrator ........................................................................
8
22
City Departments ..........................................................................
9
25
City Budget Procedures ................................................................
10
27
Personnel Procedures ...................................................................
11
32
Purchasing Procedures .................................................................
12
39
Public Improvements Procedures .................................................
13
43
Title 2 Boards and Commissions .......................................................
45
Airport Advisory Commission ....................................................
1
46
Board of Fire and Police Pension Trustees .................................
2
48
Board of Health ...........................................................................
3
50
Cable Television Advisory Commission .....................................
4
51
(Repealed) ...................................................................................
5
54
Civil Service Commission ...........................................................
6
56
Recreation Advisory Commission ...............................................
7
58
Muscatine Housing Advisory Agency ........................................
8
60
Housing Advisory and Appeals Board ........................................
9
64
Human Rights Commission.........................................................
10
66
Historic Preservation Commission ..............................................
11
70
Library Board of Trustees ...........................................................
12
72
Art Center Board of Trustees ......................................................
13
76
New Construction Appeal and Advisory Board ..........................
14
79
(Repealed) ...................................................................................
15
81
Planning and Zoning Commission ..............................................
16
83
Plumbers Board of Examiners.....................................................
17
87
Transportation Advisory Commission .........................................
18
89
Water, Electric and Communications Board of Trustees .............
19
91
Zoning Board of Adjustment ........................................................
20
93
Electrical Licensing Advisory Board ..........................................
21
93A
Fire Code Appeal and Advisory Board ........................................
22
93B
Title 3 Public Ways and Property .......................................................
94
City Cemeteries ............................................................................
1
95
Drains and Drainage .....................................................................
2
97
Excavation, Street and Curb Cuts .................................................
3
99
Levees ...........................................................................................
4
106
Monument Markers ......................................................................
5
108
Public Parks ..................................................................................
6
109
Sidewalks ......................................................................................
7
113
Snow and Ice Removal — Sidewalks..............................................
8
116
Street Obstructions .......................................................................
9
118
Trains ............................................................................................
10
120
Trees and Shrubs ..........................................................................
11
121
Utility Connections .......................................................................
12
125
Public Demonstrations .................................................................
13
128A
Parades, Marches and Public Entertainment ...............................
Commercial Use of Sidewalk in Commercial Zones ..................
14
15
128C
128H
Title 4 General Provisions ..................................................................
129
Animal Regulations .....................................................................
1
130
Keeping of Pit Bull Dogs ............................................................
2
134G
Hotel-Motel Tax ..........................................................................
3
135
Human Rights Ordinance ............................................................
4
136
Sewage Rate System ...................................................................
5
147
Sewer Use Regulations ................................................................
6
155
Urban Renewal ............................................................................
7
164
Industrial Tax Exemption ............................................................
8
167A
Taxes, Division of Property — Downtown and Industrial
Connector Urban Renewal Area................................................
9
167D
Taxes, Division of Property — Highway 38 Northeast
Urban Renewal Area .................................................................
10
167H
Taxes, Property Exempt from Taxation ......................................
11
167K
Urban Revitalization Area — Progress Park ...............................
12
167L
Urban Revitalization Area — Downtown Area...........................
13
167M
Urban Revitalization Area — Muscatine Mall ............................
14
167N
Urban Revitalization Area — South End Urban
Renewal Area ...........................................................................
15
167Q
Urban Revitalization Area — Northeast Urban
Renewal Area ............................................................................
16
167S
Title 5 Business Regulations
45
Amusements ..................................................................................
1
169
Outdoor Commercial Entertainment Establishment Permit ..........
2
170
Beer and Liquor .............................................................................
3
172
Bill Posting ....................................................................................
4
183
Billiards, Bowling .........................................................................
5
185
Cigarettes .......................................................................................
6
187
Circuses, Carnivals .......................................................................
7
189
Excursion Gambling Boat — Admission Fee................................
8
189A
Gas Franchise ................................................................................
9
190
Salvage, Junk Dealers, and Refuse Haulers .................................
10
193
Massage Establishments and Technicians ....................................
11
195
Parades ..........................................................................................
12
207
Pawnbrokers .................................................................................
13
208
Peddlers, Solicitors, and Transient Merchants ..............................
14
210
Permits, Licenses, Bonds, Fees .....................................................
15
213
Sales on City Property ...................................................................
16
224
Taxicabs .........................................................................................
Cable Television System ...............................................................
17
18
225
227
Cable Television Franchise ...........................................................
19
258
Title 6 Fire Regulations
260
Fire Department Regulations .........................................................
1
261
Open Burning ................................................................................
2
266
Fire Prevention Codes ...................................................................
3
268
Fire Works and Explosives ............................................................
4
271
Fire Inspections .............................................................................
5
274
Title 7 Police Regulations
276
Police Department .........................................................................
1
278
Alarm Regulations .........................................................................
2
279A
Bicycles .........................................................................................
3
280
Controlled Access Facility ............................................................
4
283
Adult Crossing Guards ..................................................................
5
284
Curfew ...........................................................................................
6
285
Damage and Trespass to Property .................................................
7
286
Driving Rules ................................................................................
8
288
General Offenses ...........................................................................
9
289
Intoxication ...................................................................................
10
291
Loading and Unloading Zones ......................................................
11
292
Noise Regulations .........................................................................
12
294
Obstructing a Public Official ........................................................
13
299
Drug Paraphernalia .......................................................................
14
300
Parking Meters and Lots ...............................................................
15
304
Parental Responsibilities ..............................................................
16
31 2D
Public Disorder .............................................................................
17
313
Snow Emergency Regulations ......................................................
18
315
Traffic: Control Devices ...............................................................
19
319
Traffic: In General ........................................................................
20
321
Traffic: Junk, Obsolete, Stored Vehicles .....................................
21
324
Traffic: Stopping, Standing, Parking ............................................
22
326
Traffic: Weight Embargos ............................................................
23
331
Weapons ........................................................................................
24
333
Police Dogs ...................................................................................
25
333A
Title 8 Building Regulations
334
Building Code ...............................................................................
1
335
Demolition of Buildings ...............................................................
2
339
Electrical Code ..............................................................................
3
342
Gas Code .......................................................................................
4
347
Housing Code ................................................................................
5
348
House Numbering .........................................................................
6
388
Mechanical Code ..........................................................................
7
391
Moving Buildings .........................................................................
8
393
Plumbing Code ..............................................................................
9
396
Rental Housing Registration .........................................................
10
399
Residential Code ...........................................................................
11
399A
Title 9 Health and Sanitary Regulations
400
Board of Health Regulations.........................................................
1
401
Iowa Food Service Sanitation Training
Certification ...................
2
403A
Garbage .........................................................................................
3
404
Nuisances ......................................................................................
4
411
(Reserved for Future Use) .............................................................
5
Solid Waste Disposal -- Landfill ...................................................
6
415
Stagnant Water ..............................................................................
7
418
Water Supply ................................................................................
8
420
Weeds ............................................................................................
9
425
Title 10 Zoning
427
Zoning Purposes ..............................................................................
1
429
Zoning Districts; Maps ....................................................................
2
432
AG Agricultural District .................................................................
3
435
FP Flood Plain District ....................................................................
4
438
FC Flood Channel (Floodway) District ...........................................
5
444
R-1, R-2, and R-3 Residential Districts ..........................................
6
446
R-4 Residential District ...................................................................
7
449
R-5 Residential District ...................................................................
8
454
R-6 Residential District ...................................................................
9
457
R-L Large Scale Residential Development District ........................
10
459
C-1 Neighborhood and General Commercial District ....................
11
473
C-2 Central Commercial District ....................................................
12
476
C-3 Planned Commercial District ...................................................
13
478
M-1 Light Industrial District ...........................................................
14
480
M-2 General Industrial District ......................................................
15
483
S-1 Special Development District ...................................................
16
486
S-2 Institutional — Office District ..................................................
17
492
S-3 Large Scale Mixed Use Development ......................................17A
494A
A-P Airport District ........................................................................
18
495
Other Use Regulations ....................................................................
19
505
Addition Height, Yard, and ions .....................................................
20
516
Administration .................................................................................
22
525
Definitions .......................................................................................
23
535
Title 11 Subdivision Regulations
552
Plats, Filing, Approval Process .......................................................
1
553
Minimum Standards: Improvements ...............................................
2
560
Documents to be Submitted with Final Plat ....................................
3
564
Enforcement ....................................................................................
4
579
Title 12 Public Works Improvements
581
Commercial Frontage Roads ...........................................................
1
582
Rural Street Standards .....................................................................
2
585
Title 13 (Reserved for Future Use)
Index
ORDINANCE NO. 90768-0409
AN ORDINANCE ADOPTING THE CODE OF ORDINANCES
AND SUPPLEMENT OF THE CITY OF MUSCATINE, IOWA
Be It Enacted by the City Council of the City of Muscatine, Iowa:
SECTION 1. ADOPTION. Pursuant to Iowa Code Section 380.8, the City Council does
hereby adopt the City Code of Muscatine, Iowa, and the Supplement No. 7 of Ordinances and
Amendments to Ordinances including such ordinances and amendments to ordinances adopted
through action of the City Council on or prior to December 31, 2008.
SECTION 2. OFFICIAL COPY. An official copy of the City Code and Supplements is on
file in the office of the city clerk, together with standard codes adopted by reference in this code.
SECTION 3. PUBLIC COPIES. Loose-leaf copies of this code shall be kept in the city
clerk's office available for public inspection and for sale at cost to the public.
SECTION 4. TITLE. This City Code may be cited by the short title "City Code of
Muscatine, Iowa" for the purpose of prosecution in the courts.
SECTION 5. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance
shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional
SECTION 6. WHEN EFFECTIVE. This ordinance shall be in effect from and after its
final passage, approval and publication as provided by law.
PASSED, APPROVED AND ADOPTED this 16th day of April, 2009.
First Reading: March 9,2009
Second Reading: April 2, 2009
Third Reading: April 16, 2009
Publication April 24, 2009
ORIGINAL CITY CHARTER
1851
The Charter of the City of Muscatine, Iowa.
Note. The original Charter of the City of Muscatine, Iowa,
was approved February 1, 1851. Previous to the adoption of the
1857 state Constitution, amendments were made to it by the
legislature as follows: Acts of 1853, page 137; Acts of 1855,
page 76; Acts of 1856, page 49; Acts of 1857, pages 25 and 149.
The Charter of the City is set out herein just as it appears
in the original, as amended. Some provisions of the Charter are
still in effect and applicable to the City. Many sections of the
Charter, however, have been superseded by subsequent state law
and are no longer legally in effect or applicable to the City.
These sections are set out herein for historical purposes.
ARTICLE I . TOWN OF MUSCATINE CREATED A CITY -
BOUNDARIES OF CITY - DIVISION INTO WARDS.
Sec. 1. Be it enacted by the General Assembly of the State
of Iowa, That the Town of Muscatine, (formerly the Town of
Bloomington,) in the County of Muscatine, is hereby created a
city by the name of the "City of Muscatine."
Sec. 2. The said City is made a body corporate, and
is invested with all the powers and attributes of a
municipal corporation.
Sec. 3. All the rights, powers, privileges, duties,
liabilities, and property of the late Town of Muscatine are hereby
transferred to and imposed upon the said City, except as repealed,
or
qualified herein, and the same may be enforced by or against
the City, as they might have been by or against the town.
Sec. 4. The following shall be the boundaries of said City
of Muscatine: Commencing at a point in the center of the main
channel of the Mississippi River, where the south line of section
ten, township seventy-six, north of range two west of 5th P.M.
should strike - thence west and along said section line to the
west line of said section ten; thence north, and along the section
lines of sections ten, three, thirty-four, and twenty-seven, to
the northwest corner of the southwest quarter of section
twenty-seven, north of range two west of 5th P.M.; thence east
through the center of sections twenty-seven, twenty-six and
twenty-five, to a point where said lines strike the township line,
between ranges one and
two west, thence south and along said township line, to a point
in the center of the main channel of the Mississippi River, thence
along the center of said cannel, and with the course of the same,
to the point of beginning.
1
Sec. 5. The said City is hereby divided into three wards
as follows: That part of the City which lies south and west of
the middle of Chestnut Street is the first ward; that part lying
between the middle, of Chestnut Street and middle of Walnut Street
is the second ward; that part lying north and east of the middle
of Walnut Street is the third ward; but the City Council may create
new wards and change the limits of those now or hereafter estab-
lished.
ARTICLE II. ELECTIVE OFFICERS OF THE CITY.
Sec. 6. The elective officers of the City shall be a mayor,
two aldermen from each ward, treasurer and wharfmaster, for the
choice of whom an election shall be holden annually on the first
Monday of March, and each of whom will hold his office for the
term of one year, (except in the case of aldermen as hereafter
provided) and until their successors are elected and qualified.
Sec. 7. Two aldermen shall be elected in each ward, and such
one of the two as receives at the first election the highest number
of votes, shall hold his office for the term of two years, and
the other one year, and thereafter one shall be elected each year
in each ward, to hold for the term of two years. If there be a
tie in the above case, the matter is to be determined by lot.
ARTICLE III. DUTIES AND POWERS OF MAYOR - IS EX-OFFICIO
JUSTICE OF THE PEACE - IS PRESIDING OFFICER OF
COUNCIL -POWER TO APPOINT PRESIDENT PRO TEM. AND
HIS POWERS.
Sec. 8. It is the duty of the mayor to see that the laws
and ordinances of the City are executed, and their violations
punished; to superintend and direct the official conduct of the
subordinate officers; to keep the seal of the City and to sign
and seal all commissions, licenses and permits granted by the city
council, and perform such duties and exercise such powers
as pertain to the office of a mayor of a city, and such as may be
granted by the ordinances of the City, consistent with law.
Sec. 9. He is by virtue of his office, a justice of the
peace, and is invested with exclusive original jurisdiction
of
1. Amendment to Charter enlarging City limits, etc., approved
July 14, 1856.
- iv -
cases arising under the ordinances of the City, with criminal
jurisdiction of the offences against the laws of the state committed
within the City, and with civil jurisdiction limited to the City
in the same manner as that of justices is, or may be, limited to
their townships, and he will not be disqualified to act in such
judicial capacity by any proceeding being in the name of or
in behalf of the City. He will be entitled to demand and receive
in civil actions, and in actions for the breach of the laws of
the state, such fees as are at the time allowed by the law to a justice
of the peace.
Sec. 10. Appeals to the district court in the same county
Shall be allowed (from) the judgment and decisions of the mayor
in the same cases, time and manner as they are at the time allowed
by law from those of other justices, and they shall be tried
in the same manner.
Sec. 11. He shall be the presiding officer of the city council
when present, and shall give the casting vote when there is a tie.
In his absence, the council may appoint a president for the time
being.
Sec. 12. In case of the absence of the mayor of the City
of Muscatine from the City, and in case of his inability to act
as a justice, any justice of the peace in the township
of Bloomington may take cognizance of cases arising under
the ordinances of the City; such absence or inability being made
to appear upon the docket of the justice. And in like cases of the
absence or inability of the mayor, the president of the council
pro tempore shall have authority to sign ordinances and orders on
the treasurer, and to administer oaths, and do all other things
pertaining to the office of mayor, (except acting as justice
of the peace,) stating, in connection with his signature, the
absence or inability of the mayor.
2
ARTICLE IV. THE CITY COUNCIL - ITS POWERS AND
AUTHORITY - DISABILITIES OF MEMBERS OF
THE COUNCIL.
Sec. 13. The legislative authority of the City is vested
in a city council, consisting of the mayor and a board of aldermen,
composed of two from each ward of the City.
Sec. 14. The council may hold meetings as it sees fit, having
stated times fixed, or having provided by ordinances for the
manner of calling them. Its meeting shall be public.
2. Amendment to Charter, approved January 22, 1853.
-v-
Sec. 15. A majority of the council will be necessary to
constitute a quorum. It is the judge of the election and
qualification of its own members; it may determine the rules of
its own proceedings; it may compel the attendance of its members
at its meetings, in such manner and by such penalties as it may
adopt; and it shall cause a record of its proceedings to be kept.
Sec. 16. The council is invested with the following powers:
1st. To make ordinances to secure the inhabitants against
fire, against violations of the law and the public peace; to
suppress riots, drunkenness, gambling, and indecent and
disorderly conduct; and, generally, to provide for the safety,
good order,
and prosperity of the City, and the health, morals, and convenience
of the inhabitants.
2nd. To impose penalties for the violation of its ordinances,
not exceeding one hundred dollars, which may be recovered by civil
action in the name of the City, or by complaint before the mayor,
as in the case of a complaint before a justice of the peace, and
the laws of the state in relation to carrying into effect a judgment
of a justice of the peace, under a complaint, shall be applied to
judgments in the above cases, but the charges thereof must be borne
by the City.
3rd. To establish and organize fire companies, and provide
them with engines and other fire apparatus.
4th. To regulate the keeping and the sale of gunpowder within
the City, and to provide that no building of wood shall be erected
within such parts of the City as may be designated, and to declare
such buildings a nuisance and cause their removal.
5th. To have the control of the landing on the Mississippi
River, and build wharves and regulate the landing, wharfage, and
dockage of boats and all watercrafts, goods, lumber and other
things landed at, or taken (away) from the same; provided, nothing
in this section shall be (so) construed as to affect the rights
of the state or counties, nor to prevent the County of Muscatine
from granting ferry charters in said county.
6th. To exercise exclusively the power to provide for the
license, regulation, or prohibition of exhibitions, shows and
theatrical performances, billiard tables, ball and ten-pin alleys,
and places where any games of skill or chance are played. But
this power extends to no exhibition of a properly literary,
scientific, or artistical character - and when the law of the state
permits license for the sale of intoxicating liquors, that subject
shall be within the exclusive authority of the council, and it may
- vi -
at all times prohibit the retail of the above liquors, unless such
prohibition would be inconsistent with the law of the state at
the time existing; and it may revoke or suspend any of the licenses
above mentioned, when it considers that the good order and welfare
of the City require it.
7th. To make all requisite ordinances in relation to the
cleanliness and health of the City, and to require the owners of
lots on which water becomes stagnant, to drain or fill up the
same, and in default thereof, after a reasonable notice, to cause
the same to be done at the expense of the City and assess the cost
of the specific lots, and cause them to be sold by the City
collector, as in the case of unpaid taxes; but the owner may
redeem the same as in that case.
8th. To regulate cartage and drayage within the City, and
may license therefore; and may also make a prohibition of
animals running at large within the City.
9th. To provide for the establishment and support of schools
in the City when there has been a legal vote of the citizens in
favor thereof, and to provide for the government of the same.
10th. To audit all claims against the City - to provide for
the keeping of the public money of the City, and the manner of
drawing the same from the treasury; and all officers of the City
are accountable to the council in such manner as it directs - and
it is the duty of the council to publish annually a particular
statement of the receipts and expenditures of the City, and of
all debts owing to or from the same.
11th. To establish the grades of the streets, alleys and
wharfs, and to change that of wharfs at pleasure, and whenever
they may deem it expedient for the public interests of the City,
to alter the width, course or grade of any street or alley.
3
12th. To prescribe the manner of calling the meetings
of the citizens, except for the election of officers.
13th. To appoint in such a manner as it determines and during
pleasure, one or more street commissioners, a clerk of the market,
city surveyor, health officers, and such other officers as it
deems advisable; and may prescribe their duties, powers and quali-
fications; and may provide for the election of any of those officers
by the citizens.
3. Amendments to Charter, approved January 24, 1855 and
July 14, 1856.
14th. To cause the streets and alleys of the City to
be paved, and the pavements to be repaired; and to that end it
may require the owners of the lots adjacent to which it is to be
done, to pave or repair one-half in width of the street contiguous
to their respective lots; and in case of neglect after a reasonable
time named in the order, the same may be done by the City, and
the expense may be assessed on such lots, which shall have the
effect of a tax levied thereon, and they may be sold therefore
as for a tax, subject to the same right or redemption.
15th. To borrow money for any object in its discretion, if
at regularly notified meeting, under a notice stating
distinctively the nature and object of the loan and the amount
thereof, as nearly as practicable, the citizens determine in favor
of the loan by a majority of two-thirds of the votes given at the
election.
Note. For case quoting and construing this subsection, see
Meyer v. The City of Muscatine, 68 U. S. 387, 17 L. Ed. 567.
16th. To fill vacancies occurring in any of the City offices
by appointment of record, to hold, in case of elective officers,
until the next regular election and the qualification of the
successor.
Sec. 17. No member of the city council shall be eligible
to any office in the gift of the council, during the term for
which he is elected, nor shall he be interested directly or
indirectly in the profits of any contract, or job, or work,
or service to be performed for the City.
ARTICLE V. ORDINANCES.
Sec. 18. Ordinances passed by the City Council shall be
signed by the mayor and attested by the recorder, and before they
take effect be published in one or more newspapers printed in
the City at least ten days, or be posted in each ward for fifteen
days; they shall be recorded in a book to be kept for that purpose,
and signed by the mayor and attested by the recorder.
Sec. 19. An affidavit made by the recorder, marshal or mayor,
or by the printer or publisher of a newspaper in which an ordinance
may be published, stating the time and manner of the publication
of an ordinance, and sworn to before the mayor or any justice
of the peace in the County of Muscatine, and filed in the recorder's
office, or made and signed on the face of the record of ordinances,
shall be prima facie evidence of the publication therein stated.
4
4. Amendment to Charter, approved January 22, 1853.
ARTICLE VI. RECORDER AND MARSHAL.
Sec. 20. The council of the said City shall have authority
to appoint the marshal and recorder of the City, which officers
shall hold their respective offices during the pleasure of the
council, and from whom or any of them, the council may, by general
ordinance, require bond.
5
Sec. 21. The recorder is required to keep a true record
of all the official proceedings of the council, and such record
shall at all times be open to the inspection of any citizen, and
he shall perform such other duties as may be required by the
council.
Sec. 22. The marshal is made a conservator of the peace; he
is the executive officer of the mayor's court, and shall execute
and return all process directed to him by the mayor, and in cases
for the violation of the criminal laws of the state and of the
ordinances of the City, may execute such process in any part
of the county; he is invested with the same authority within the
City to quell riot and disturbances, to prevent crimes and to
arrest offenders, that the sheriff has within his county. He shall
perform such other duties as the council prescribe, and with its
approval may appoint one or more deputies, for whose official
acts he will be responsible, and whom he may discharge; for
services of legal process he will be entitled to the same fees
as constable, and for services required by the council, such
compensation as it may allow.
ARTICLE VII. ELECTIONS - HOW ELECTIONS ARE TO
BE CONDUCTED - QUALIFICATION OF VOTERS -
WHO ELIGIBLE AS OFFICERS - NOTICE OF
ELECTION RETURNS.
Sec. 23. The election of the officers of the City shall be
conducted in a manner as similar to that in which the elections
are conducted in the townships as the nature of the case permits.
Sec. 24. Every male citizen of the United States, of the age
of twenty-one years, who shall have been a resident of the City
six months, and of the ward in which he offers to vote, ten days
next preceding a City election, is declared a citizen of said City,
and is entitled to vote at all elections thereof.
Sec. 25. A person offering to vote may be challenged as in
the election in the townships, and an oath may be administered
to him under the circumstances, naming the qualifications herein
5. Amendment to Charter, approved January 22, 1853.
prescribed.
Sec. 26. No person shall be eligible to any elective office
mentioned in this act, unless he be a voter of the City and has
been a resident thereof one year next preceding his election.
Sec. 27. For all elections for city officers, the mayor is
directed to issue a proclamation to the voters of the City, or
of the several wards, as the case may be, naming the time and
place, or places, of the election, and the officers to be chosen,
and cause a copy to be posted up in each ward at least ten days
before the election, or instead thereof, he may cause a copy to
be published in a newspaper printed in the City, the same length
of time.
Sec. 28. The polls shall be opened between the hours of
eight and ten o'clock in the forenoon, and continue open until four
o'clock in the afternoon; within two days after the election, the
judges of the election shall make their returns to the city council,
who shall examine them, and cause an abstract of the votes to be
recorded in a book to be kept for that purpose.
ARTICLE VIII. OFFICERS OF THE CITY TO TAKE
OFFICIAL OATH AND GIVE BOND.
Sec. 29. The mayor, aldermen, marshal, treasurer, recorder,
wharfmaster and assessor shall take an oath to support the
Constitution of the United States and of the State of Iowa, and
faithfully and impartially to perform their duty to the best of their
knowledge and ability; the oath of office may be administered by
the mayor or recorder when he is justified; and in the transaction
of the business of the corporation, those officers and the president
for the time being, may administer oaths, which shall be of the
same effect as if administered by other officers authorized
thereto.
Sec. 30. Such of the officers as the Council determines shall
give bond in such penal sum, and with such condition, as may be
prescribed, and to be approved as required.
Sec. 31. The duties of all the officers, (in addition to the
duties herein prescribed,) shall be such as are provided by
ordinances, and they will be entitled to such compensation for
their services, and subject to such penalties and forfeitures for
violation of duty, (except as herein provided,) as the ordinances
may prescribe.
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ARTICLE IX. ASSESSMENT, LEVY AND COLLECTION
OF TAXES.
Sec. 32. The council shall appoint
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an assessor for the City
who shall be sworn to perform the duties of his office faithfully
and impartially, and whose duty it shall be to make an assessment
of all the property within the City which is subject to taxation,
including improvements on real property, and upon whose
assessment the council is authorized to levy and collect annually
taxes not exceeding one percent on the value of all such
property. The council may also levy a tax on dogs, or prohibit
their being kept in the City.
Sec. 33. The latest county assessment roll shall form the
basis of the assessment, but the city assessor may add thereto
any property omitted, assessing the same himself.
Sec. 34. The collector shall, before proceeding to collect
the taxes, give thirty days' notice of the assessment and levy
of the tax, and the rate thereof, in general terms, without names
or the description of property, in a newspaper printed in the
City, if there be one, and if none, ten by two written notices
posted in public places in each ward.
Sec. 35. During the thirty days, any person aggrieved by
his assessment of taxation, may appear before the council, which
may correct the same, if found erroneous.
Sec. 36. The mayor shall affix his warrant to the tax list,
in general terms, requiring the collector to collect the taxes
therein according to law, and such warrant and list shall be a
justification to the collector.
Sec. 37. When any person's tax is not paid within a reason-
able time after demand, the collector may distrain upon personal
property liable to taxation, and sell the same, as the county
collector may sell in like cases.
Sec. 38. Taxes on real property shall be a lien thereon,
and it may be sold therefore, (if no personal property be found,)
when the taxes remain unpaid for four months after the publication
6. Amendment to Charter approved Januar
y
22, 1853.
7. Amendment to Charter approved January 22, 1853.
8. By the original Charter the marshal was made collector of
taxes, but by the vote of the people the Charter was amended and
the office of city collector created. Since 1868 the City of
Muscatine has had its taxes collected by the treasurer of Muscatine
County.
of the notice of the tax; but demand of the tax must be made a
reasonable time before sale, if the supposed (owner) be found
in the City.
Sec. 39. Such sales must be at public auction, and there
must be thirty days' notice prior thereto, given as above provided
for notifying the assessment and tax; and in such sale, he who
bids to pay the amount due for the least quantity of the land
will be the highest bidder; and the manner of ascertaining the
portion purchased shall be as directed in the state revenue law
now or hereafter existing.
Sec. 40. The collector shall execute and deliver to the
purchaser a deed running in the name of the state, which shall
have the same force and effect as the deed of the treasurer of the
county on sales for county and state taxes under the law existing
at the time. The land may be redeemed within one year from the
day of the sale, by the payment of the purchase money and ten percent
thereon, with any other taxes paid by the purchaser, which payment
may be made to the purchaser, his agent, or the treasurer of the
City.
ARTICLE X. STREETS AND ALLEYS
Sec. 41. That if any property holder shall be injured by any
alteration made by council in width, course or grade of any street
or alley, such person may make application to the board of
commissioners for the assessment of damages (to be appointed as
hereinafter provided) who, upon such application shall give ten
days' notice in the newspapers published in said City in case the
claimant be a resident of said City, or twenty days in case the
claimant be a nonresident, stating the time and place of meeting,
and the object of the same, and at the same time specified in said
notice, said commissioners shall proceed to view and assess the
damages done by reason of such alteration and improvement, and shall,
within five days thereafter make an award and return the same to
the county judge of Muscatine County, who shall enter judgment
thereon, (if approved,) and said judgment shall be final.
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Sec. 42. That the said city council, or persons interested,
may, whenever they may deem it necessary, make application to the
county judge of said county, who shall appoint three disinterested
property holders, resident in said City, who are hereby constituted
a board of commissioners for the assessment of damages, which
board, or any member thereof may, for good cause shown, be removed
9. This section was taken from amendment to Charter, approved
January 24, 1855.
and the vacancy occasioned thereby filled by said county judge.
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Sec. 43. That in any case, where by reason of such alteration,
any claim for damages may arise, and the . . . . . . . . thereof
shall neglect to apply to said commissioners, the city council
may make such application and the proceedings thereon shall in
all resp9ts be the same as specified in the second section of
this act.
Sec. 44. That all taxes hereafter levied and collected
in the City of Muscatine for the purpose of improving the streets
and alleys thereof, shall be expended in the different wards in
proportion to
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the amount of tax levied and collected in such wards
respectively.
Sec. 45. For the purpose of putting the above provision into
execution, it shall be the duty of the city assessor to return
to the city council, at the same time that he returns his assessment
of property in said City, the total amount of the taxable property
in each ward separately, which shall form the basis for making
the apportionment of moneys to be expended in the respective wards.
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Sec. 46. After paying all the current expenses and debts
of said City due for the fiscal year, the excess of taxes
collected
in said City to be expended by the city authorities upon the streets
and alleys, shill be divided and applied pro rata in the different
wards thereof.
ARTICLE XI. AUCTIONEERS.
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Sec. 47. The council shall be authorized to impose license
upon all persons exercising the business or calling of an auctioneer
within the said City, in such sum as the said council may determine,
and upon such conditions as the said council may see proper to
affix.
Sec. 48. That the said city council shall have the power to
1. This section was taken from amendment to Charter,
approved January 24, 1855.
2. This section was taken from amendment to Charter, approved
January 24, 1855.
3. This section was taken from amendment to Charter, approved
January 24, 1855.
4. This section was taken from amendment to Charter,
approved January 24, 1855.
5. This section was taken from amendment to Charter, approved
January 24, 1855.
6. Amendment to Charter, approved January 26, 1857.
tax and regulate auctioneers in their calling, and to require
each and every person so exercising the business of an auctioneer,
as aforesaid, to execute to the said City a bond with security,
to be approved by the said city council, conditioned that he will
render a true account of all sales made by him, and promptly pay
over to the said City all taxes which may become due to the said
City from the sales so made by him as auctioneer. Provided, that
nothing in this act shall be construed so as to charge any property
in the City, upon which the City taxes for the current year have
been paid with any additional tax.
Sec. 49. That said city council shall have full power and
authority to pass all ordinances that may be necessary to give
force and effect to this act; judicial sales made by a legal
officer and sales of the property of a deceased person by his legal
representative being exempted from its operation.
ARTICLE XII. AMENDMENT TO CITY CHARTER ENLARGING
CITY BOUNDARIES, ETC., APPROVED JULY 14, 1856.
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Sec. 50. That said City of Muscatine, as above bounded, may
hereafter form two road districts, the boundaries of which shall
be determined by the city council, and until so determined by said
city council, it shall constitute one road district, and the road
taxes assessed by the county authorities upon the persons and
property in said City shall hereafter only be payable to such
persons as the city council may authorize to receive the same.
And the county collector is hereby prohibited from paying said
road taxes to any other person or officer than such as shall be
authorized to receive and receipt for the same by the city council.
Sec. 51. That it shall be competent for the council of said
City to take any steps which they may deem necessary to secure
the extension of the present streets and alleys of the old city
limits through the grounds which by this act are added thereto.
Provided, that in no case shall such an extension be made and
dedicated to the use of the public without the City being liable
for full compensation to the owners of all such property as may
be thus taken and dedicated.
Sec. 52. That it shall and may be lawful for the city council
of said City to make any changes in the shape and width of any streets
or alleys of said City, either in the old or new limits; to shut
up old and make new streets and alleys. Provided, that
7. The first section of this act enlarging the city limits
simply describes the boundaries of the City. This has been given
in section 4, ante, and hence is not repeated.
in all and every such case the said City shall be liable to make
full compensation at the fair cash value to the owners of all
property which shall be thus taken for public use, and for all
damages which the owners may sustain by any change which said city
council may at any time see proper to make.
Sec. 53. That all lands lying within the territory hereby
brought into the City, and riot laid out in lots or out-lots, shall
not be assessed or taxed otherwise than by the acre, according
to its value for agricultural, horticultural, mining or other
purposes; but improvements thereon may be taxed their full value.
Sec. 54. The city council shall have full power to establish
grades for contemplated streets and alleys in the new limits, and
make such grades conform to the grades of the old limits of said
City, or not, as they may deem advisable, and said City shall not
be liable for any damage done to buildings by grading in the new
limits, unless said buildings shall have been erected before the
establishment of the grades in this section contemplated.
ARTICLE XIII. MISCELLANEOUS.
Sec. 55. On the passage of this act, the president and
trustees of the Town of Muscatine are required to cause a vote
to be taken on the acceptance of this Charter, in the manner in which
the elections of the town are now called and holden, in which the
vote shall be "for the charter," or "against the charter," and
shall be taken by ballot; and if the vote be in favor of its
acceptance, such result shall be declared and be entered on the
record of the present town, and thenceforth the same is accepted.
Sec. 56. The existing authorities of the Town of Muscatine
will continue until an election is holden for the choice of city
officers, and the organization of the City, and the town authorities
shall cause an election to be holden on the first Monday of March,
1851, for the election of city officers, but if this act does not
take effect a day sufficiently early for the above proceedings to
take place as early as the day above named, then the question
above provided for may be taken after the said first Monday of
March, but the officers then chosen will hold as if elected on
the above named day, and the succeeding annual elections shall be
holden as in this act before provided.
Sec. 57. This act shall be taken and may be pleaded as
a public act.
Sec. 58. An act entitled "an act to incorporate the town
of Bloomington," approved January 23rd, 1839; and act entitled
"an act to amend an act entitled an act for the incorporation of
the
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town of Bloomington," approved February 18th, 1842, and an act
entitled "an act to amend an act entitled (an act) to incorporate
the town of Bloomington, approved January 2nd, 1836," approved
January 14th, 1846; and an act entitled "an act to amend an act
entitled an act for the incorporation of the town of Bloomington,
approved January 23rd, 1839," approved January 12th, 1849, are
hereby repealed; but the rights and privileges, duties,
liabilities and obligations of individuals created or arising
under the acts so repealed, are not to be affected by this repeal.
