City Ordinances: Chapters 30-35

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This is just a part of the full ordinance document. Find the full, official document at the bottom or click here.

CHAPTER 25: RECREATIONAL ACTIVITIES PROGRAM BOARD

25.01   BOARD CREATED.  A Recreational Activities Program Board is hereby created and established.  It is referred to in this chapter as the Recreation Board.

25.02   PURPOSE AND ESTABLISHMENT.  The purpose of this chapter is to facilitate the enjoyment of the recreational activities program by the general public by establishing rules and regulations governing the program and to organize a Board to oversee the program and the enforcement of such rules and regulations.

25.03   BOARD MEMBERS.  The Recreation Board of Directors shall consist of ten (10) members who reside in the Rock Valley Community School District.  One member shall be a City employee.  All members shall be over the age of eighteen (18) years and be bona fide citizens.  All members are to be appointed by the City Council.

25.04   TERM OF OFFICE AND VACANCIES.  Appointments to the Recreation Board shall be for a term of three (3) years.  Each term shall commence on January 1.  The terms of the members shall be staggered so that one-third (1/3) or as near as possible of the total number of appointments shall be made every year.  Vacancies on the Board shall be filled by appointment by the Mayor, with the approval of the City Council, and the new members shall fill out the unexpired term for which the appointment is made.

25.05   COMPENSATION.  All members of the Recreation Board shall serve without compensation, except for their actual expenses, which shall be subject to the approval of the City Council.

25.06   BUDGET AND EXPENDITURES.  Prior to January 15 of each year, the Board shall submit a proposed budget and request appropriation of funds for the following year to the City Clerk to be submitted to the City Council for approval.  All money appropriated by the City Council for the operation and maintenance of the Recreation Board and its programs shall be set aside in an account for the Recreation Board.  Expenditures shall be paid for only on orders of the Board, signed by its Chairperson.

25.07   ANNUAL REPORT.  The Board shall make an annual report to the Council in October.  This report shall contain full statements as to the receipts and expenditures of the Board for the period of October through September of the preceding year, together with such further information as may be requested by the City Council.

25.08   BYLAWS.  The Recreation Board shall adopt bylaws as they deem appropriate to accomplish the purpose herein.  The bylaws and any change or amendment to such bylaws before becoming effective, must be approved by the City Council.  The bylaws shall authorize the Recreation Board to establish the rules and regulations of the recreational activities program.

25.09   POWERS AND DUTIES.  The Board shall have and exercise the following powers and duties:

  1. To meet and elect from its members a Chairperson and other officers as the Board deems desirable.  Any two or more offices may be held by the same person.
  2. Charge of Affairs. To direct and control all affairs of the Recreational Activities Program.
  3. Hiring of Personnel. To employ an Activities Director to employ such assistants and employees as may be necessary for the proper management of the activities program of the Board, and fix their compensation; provided, however, that such employment and the compensation of the Activities Director, assistants and employees shall be approved by the City Council.  In the absence of an Activities Director, the Board shall be responsible for and assume the Director’s duties and may delegate the same as may be necessary until a successor Director is employed.
  4. Removal of Personnel. To remove the Activities Director by a two-thirds (2/3) vote of the Board, and provide procedures for the removal of the assistants or employees for misdemeanor, incompetence or inattention to duty, subject however, to the provisions of Chapter 35C of the Code of Iowa.
  5. To select, or authorize the Activities Director to select, and make purchases of materials and supplies for the Board and its program within budgetary limits set by the Board.
  6. Rules and Regulations. To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with this Code of Ordinances and the law, for the management of the Board, the business and program of the Board, and fixing fees for the program activities.
  7. To have exclusive control of the expenditure of all funds allocated for recreational activity purposes by the City Council, and of all moneys available by gift or otherwise for the administration of the program, and of all other moneys belonging to the program and Board including participation and admission fees collected under the rules of the Board.
  8. To accept gifts of personal property or mixed property and devises and bequests, including trust funds; to take the title to said property in the name of the Recreation Board; to execute bills of sale for the conveyance of said property; and to expend the funds received by them from such gifts, for the improvement of the recreational program and activities.
  9. Enforce the Performance of Conditions on Gifts. To enforce the performance of conditions on gifts, donations, devises and bequests accepted by the City by action against the Council.
  10. Record of Proceedings. To keep a record of its proceedings.
  11. To raise the funds necessary to supplement the City’s appropriated funds to maintain the programs and accomplish the goals of the Board and Council.

25.10   INJURY TO PROPERTY.  It is unlawful for a person willfully, maliciously or wantonly to deface, mutilate, injure or destroy, in whole or in part, any property belonging to the Recreation Board.

25.11   THEFT.  No person shall take possession or control of property of the Recreation Board with the intent to deprive the Recreation Board thereof.

 

CHAPTER 30:

30.01   DEPARTMENT ESTABLISHED.  The police department of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City.

30.02   ORGANIZATION.  The department consists of the Police Chief and such other law enforcement officers and personnel, whether full or part time, as may be authorized by the Council.

30.03   PEACE OFFICER QUALIFICATIONS.  In no case shall any person be selected or appointed as a law enforcement officer unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.  (Code of Iowa, Sec. 80B.11)

30.04   REQUIRED TRAINING.  All peace officers shall have received the minimum training required by law at an approved law enforcement training school within one year of employment.  Peace officers shall also meet the minimum in-service training as required by law. (Code of Iowa, Sec. 80B.11[2]) (IAC, 501-3 and 501-8)

30.05   COMPENSATION.  Members of the department are designated by rank and receive such compensation as shall be determined by resolution of the Council.

30.06   PEACE OFFICERS APPOINTED.  The Mayor shall appoint and dismiss the Police Chief, subject to the consent of a majority of the Council.  The term shall be for one year.  The Mayor shall select, subject to the approval of Council, the other members of the department.    (Code of Iowa, Sec. 372.4)

30.07   POLICE CHIEF:  DUTIES.  The Police Chief has the following powers and duties subject to the approval of the Council.  (Code of Iowa, Sec. 372.13[4])

  1. General. Perform all duties required of the Police Chief by law or ordinance.
  2. Enforce Laws. Enforce all laws, ordinances and regulations and bring all persons committing any offense before the proper court.
  3. Writs. Execute and return all writs and other processes directed to the Police Chief.
  4. Accident Reports. Report all motor vehicle accidents investigated to the State Department of Transportation.  (Code of Iowa, Sec. 321.266)
  5. Prisoners. Be responsible for the custody of prisoners, including conveyance to detention facilities as may be required.
  6. Assist Officials. When requested, provide aid to other City officers, boards and commissions in the execution of their official duties.
  7. Investigations. Provide for such investigation as may be necessary for the prosecution of any person alleged to have violated any law or ordinance.
  8. Record of Arrests. Keep a record of all arrests made in the City by showing whether said arrests were made under provisions of State law or City ordinance, the offense charged, who made the arrest and the disposition of the charge.
  9. Reports. Compile and submit to the Mayor and Council an annual report as well as such other reports as may be requested by the Mayor or Council.
  10. Command. Be in command of all officers appointed for police work and be responsible for the care, maintenance and use of all vehicles, equipment and materials of the department.

30.08   DEPARTMENTAL RULES.  The Police Chief shall establish such rules, not in conflict with the Code of Ordinances, and subject to the approval of the Council, as may be necessary for the operation of the department.

30.09   SUMMONING AID.  Any peace officer making a legal arrest may orally summon as many persons as the officer reasonably finds necessary to aid the officer in making the arrest.(Code of Iowa, Sec. 804.17)

30.10   TAKING WEAPONS.  Any person who makes an arrest may take from the person arrested all items which are capable of causing bodily harm which the arrested person may have within such person’s control to be disposed of according to law.  (Code of Iowa, Sec. 804.18)

 

CHAPTER 35: FIRE DEPARTMENT

35.01   ESTABLISHMENT AND PURPOSE.  A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency. (Code of Iowa, Sec. 364.16)

35.02   ORGANIZATION.  The department consists of the Fire Chief and such other officers and personnel as may be authorized by the Council. (Code of Iowa, Sec. 372.13[4])

35.03   APPROVED BY COUNCIL.  No person having otherwise qualified shall be appointed to the department until such appointment is submitted to and approved by a majority of the Council members.

35.04   TRAINING.  All members of the department shall meet the minimum training standards established by the State Fire Marshal and attend and actively participate in regular or special training drills or programs as directed by the Fire Chief. (Code of Iowa, Sec. 100B.2[4])

35.05   COMPENSATION.  Members of the department shall be designated by rank and receive such compensation as shall be determined by resolution of the Council. (Code of Iowa, Sec. 372.13[4])

35.06   ELECTION OF OFFICERS.  The department shall elect a Fire Chief and such other officers as its constitution and bylaws may provide, but the election of the Fire Chief shall be subject to the approval of the Council.  In case of absence of the Fire Chief, the officer next in rank shall be in charge and have and exercise all the powers of Fire Chief.

35.07   FIRE CHIEF:  DUTIES.  The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including but not limited to the following:
(Code of Iowa, Sec. 372.13[4])

  1. Enforce Laws. Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin and circumstances of fires.
  2. Technical Assistance. Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits and development of fire emergency plans.
  3. Authority at Fires. When in charge of a fire scene, direct an operation as necessary to extinguish or control a fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak, or other hazardous condition, or take any other action deemed necessary in the reasonable performance of the department’s duties.(Code of Iowa, Sec. 102.2)
  4. Control of Scenes. Prohibit an individual, vehicle or vessel from approaching a fire scene and remove from the scene any object, vehicle, vessel or individual that may impede or interfere with the operation of the Fire Department. (Code of Iowa, Sec. 102.2)
  5. Authority to Barricade. When in charge of a fire scene, place or erect ropes, guards, barricades or other obstructions across a street, alley, right-of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the firefighting efforts of the Fire Department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency. (Code of Iowa, Sec. 102.3)
  6. Be charged with the duty of maintaining the efficiency, discipline and control of the Fire Department.  The members of the Fire Department shall, at all times, be subject to the direction of the Fire Chief.
  7. Exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the Fire Department.
  8. Whenever death, serious bodily injury, or property damage in excess of $200,000 has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal’s Division immediately.  For all other fires causing an estimated damage of $50.00 or more or emergency responses by the Fire Department, file a report with the Fire Marshal’s Division within ten (10) days following the end of the month.  The report shall indicate all fire incidents occurring and state the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incidents.  (Code of Iowa, Sec. 100.2 & 100.3)
  9. Right of Entry. Have the right, during reasonable hours, to enter any building or premises within the Fire Chief’s jurisdiction for the purpose of making such investigation or inspection which under law or ordinance may be necessary to be made and is reasonably necessary to protect the public health, safety and welfare. (Code of Iowa, Sec. 100.12)
  10. Make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards.  (Code of Iowa, Sec. 100.13)
  11. Assist State Fire Marshal. At the request of the State Fire Marshal, and as provided by law, aid said marshal in the performance of duties by investigating, preventing and reporting data pertaining to fires.
  12. Cause to be kept records of the Fire Department personnel, firefighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.
  13. Compile and submit to the Mayor and Council an annual report of the status and activities of the department as well as such other reports as may be requested by the Mayor or Council.

35.08   OBEDIENCE TO FIRE CHIEF.  No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief.

35.09   CONSTITUTION.  The department shall adopt a constitution and bylaws as they deem calculated to accomplish the object contemplated, and such constitution and bylaws and any change or amendment to such constitution and bylaws before being effective, must be approved by the Council.

35.10   ACCIDENTAL INJURY INSURANCE.  The Council shall contract to insure the City against liability for worker’s compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer firefighters injured in the performance of their duties as firefighters whether within or outside the corporate limits of the City.  All volunteer firefighters shall be covered by the contract.   (Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18)

35.11   LIABILITY INSURANCE.  The Council shall contract to insure against liability of the City or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties within or outside the corporate limits of the City. (Code of Iowa, Sec. 670.2 & 517A.1)

35.12   CALLS OUTSIDE CITY.  The department shall answer calls to fires and other emergencies outside the City limits if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the City limits. (Code of Iowa, Sec. 364.4[2 & 3])

35.13   MUTUAL AID.  Subject to approval by resolution of the Council, the department may enter into mutual aid agreements with other legally constituted fire departments.  Copies of any such agreements shall be filed with the Clerk.   (Code of Iowa, Sec. 364.4[2 & 3])

35.14   AUTHORITY TO CITE VIOLATIONS.  Fire officials acting under the authority of Chapter 100 of the Code of Iowa may issue citations in accordance to Chapter 805 of the Code of Iowa, for violations of state and/or local fire safety regulations.   (Code of Iowa, Sec. 100.41)

35.15   FEES.  The amount of fees for use of the fire department and to whom those fees shall be charged shall be set by Council resolution.  All fire department fees and charges are due upon presentation of a statement for said fees and charges and shall be paid to the City Clerk.  Actions for collection of same shall be brought in the name of the municipality and in the same manner as other actions at law.

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