BUILDING PERMITS 6-1
TITLE VI SPECIAL ORDINANCES
CHAPTER 1 BUILDING PERMIT
6-1-1 Purpose 6-1-5 Denial of Permit
6-1-2 Building Certificate 6-1-6 Water Main Extension
6-1-3 Application for Building Certificate 6-1-7 Permit Cost
6-1-4 Council Action 6-1-8 Inspection
6-1-1 PURPOSE The purpose of this chapter is to provide for the issuance of building permits as required by law.
6-1-2 BUILDING CERTIFICATE Any person or persons proposing to erect or construct a building; mobile home or modular home, sidewalk, driveway, deck or fence of any kind within the corporate limits of the town of Drakesville must hold and display a “Building Certificate” issued by the Council of said City.
6-1-3 APPLICATION FOR BUILDING CERTIFICATE The applicant for a building certificate may receive from the Clerk of said Town an Application Form and upon completion of said form it shall be returned to the Clerk for presentation to the Council for their consideration at the regular Council meeting.
6-1-4 COUNCIL ACTION The Council reserves the right to defer the granting of a permit only to gain further knowledge concerning the proposed building. Said action must be by motion and so recorded.
6-1-5 DENIAL OF PERMIT If the Council, by majority vote, denies the applicant a “building permit”, it must be for legal reasons only; and, the applicant shall have the right of a hearing before the Council. Any misrepresentation may be cause for denial of permit.
6-1-6 WATER MAIN EXTENSION If any extension of the water main be required, application for the same shall be made to the Water Department and disposition of said application for extension shall be according to the laws of that Department.
6-1-7 PERMIT COST When granted a permit, the applicant shall pay a fee of $1.00
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6-1-8 INSPECTION The Council shall appoint one of its members or a qualified citizen for the purpose of inspecting and determining the compliance of the applicant as set forth on the application.
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PARK BOARD 6-2
TITLE VI SPECIAL ORDINANCES
CHAPTER 2 PARK BOARD
6-2-1 Purpose 6-2-6 Meetings
6-2-2 Organization 6-2-7 Reports
6-2-3 Term of Office 6-2-8 Duties of Board
6-2-4 Vacancy 6-2-9 Penalties
6-2-5 Powers of Park Board
6-2-1 PURPOSE The purpose of this chapter is to set forth the organization, the duties and the powers of an Administrative Agency of the town of Drakesville hereafter to be known as the Drakesville Park Board as authorized by the Home Rule Act, Division 9, Chapter 1088, Section 2(23), 1973 Code of Iowa and Chapter 378, 1974.
6-2-2 ORGANIZATION The Park Board shall consist of three (3) members, the same to be elected at the regular city election held in each odd year as provided for by Law, and the said elected persons shall assume office upon being sworn and qualified for said office by the Clerk of Drakesville at the first regular meeting of the Town Council in the month of January following said regular election. Persons elected to the Park Board shall have been residents of the town of Drakesville for at least six (6) months.
6-2-3 TERM OF OFFICE Every person elected to the Park Board shall hold office for two (2) years as provided for by Law. Any change in length of term is permitted but must be made according to the means as provided for by Law. Each person elected to the Park Board shall remain in office until his successor is elected and qualified.
6-2-4 VACANCY Any vacancy created by the resignation of a member of the Park Board or by removal from office by the Council or by dissolution of the Board by action of the Council shall be filled by appointment by the Mayor with approval of the whole Council.
6-2-5 POWERS OF PARK BOARD
a. The Park Board is hereby granted the power to meet at a place of their choosing, but must comply with the Open Meeting Law.
b. The Council hereby grants the Park Board to choose its own chairperson who shall be one of the elected persons. The legislative power to appoint any other person to serve in any capacity on the Park Board belongs to the Mayor and the Council.
c. The Park Board is hereby granted the power to make rules and regulations concerning the use of the park, all recreational facilities and the conduct of all programs as may be considered recreational. Said RULES AND REGULATIONS
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shall be subject to review and approval of the Council and shall be considered an integral part of the Municipal Code of Drakesville. Provision shall be made for public display or public access to said Park Board Rules and Regulations.
d. The Park Board may enter into contract or agreement with public or private agencies independently, provided the Board receives written permission from the Council. Permission and approval shall be by majority vote of the whole Council.
6-2-6 MEETINGS It is hereby required of the Park Board to meet every month for the purpose of conducting and administering the affairs of the Agency at a place of their own choosing on the day and time of day as provided for in the Rules and Regulations of that body, which place and times of meetings are as follows: Place of Meeting City Hall of Drakesville Day of Meeting 1st Monday of each month Time of Meeting 6:30 P.M.
6-2-7 REPORTS The Board chairperson shall make written reports to the Clerk of the Council concerning all Park Board activities, its revenues and expenditures, and copies of which shall be retained by each board member and one copy shall be included in the Clerk’s report to the Council, and a copy shall be preserved in a book provided for the same.
6-2-8 DUTIES OF THE BOARD
a. To plan for recreational programs and to provide for facilities as may be needed and to update and revise these plans as may be required.
b. The Board shall have full authority over the properties and personnel devoted to parks and recreation.
c. All expenditures shall be subject to limitations as set forth in Park Board annual budget as provided by the Council for Park and Recreation Operations.
6-2-9 PENALTIES Violation of a board rule or regulation which has been approved by the Council may be cause for denial of use of a facility or participation in a program, but such denial which extends more than one day may be appealed to the Board or to the Council for a hearing. The violation may be prosecuted as a misdemeanor if a serious offense as set forth in Chapter 1-3-2.
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DAVIS CO REGIONAL SERVICE AGENCY REP 6-3
TITLE VI SPECIAL ORDINANCES
CHAPTER 3
REPRESENTATIVE TO DAVIS COUNTY REGIONAL SERVICE AGENCY
6-3-1 PURPOSE To provide for the appointment of and to define the duties of the Council Representative to the Regional Service Agency:
a. The Representative shall be appointed by the Mayor with Council approval.
b. The Representative may or may not be a member of the Council.
c. The Representative is required to attend all regular or Special meetings of the Agency.
d. The Council grants the Representative the power of one vote to be used for the protection of the interests of the City of Drakesville.
e. The Council reserves the right to approve or disapprove the vote of the Representative.
f. The Representative shall acquaint himself with all the rules and regulations of the Agency.
g. The Representative shall have full knowledge of the local conditions pertaining to local participation, cost of service, times of service, etc.
h. The Representative shall have no compensation other than expense which shall be mileage at the rate of twenty cents ($0.20) per mile.
i. The Representative shall report, verbally/written, to the Council any and all actions taken by the Agency at the next regular meeting of the Council following that of the Agency.
j. The term of office shall be for two (2) years or until a successor has been appointed.
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SOLID WASTE 6-4
TITLE VI SPECIAL ORDINANCES
CHAPTER 4 SOLID WASTE
6-4-1 Purpose of Ordinance 6-4-6 Separation of Yard Waste Required
6-4-2 Definitions 6-4-7 Charges for Service
6-4-3 Duties of Head of Household 6-4-8 Failure to Pay: Penalty
6-4-4 Placement of Containers 6-4-9 Disputes
6-4-5 Commercial Establishments
6-4-1 PURPOSE OF ORDINANCE This ordinance is enacted for the purpose of protecting the health and welfare of the persons living in the City of Drakesville.
6-4-2 DEFINITIONS Head of Household: The head of a household is any adult person occupying premises within the City of Drakesville.
Yard Waste: Means organic debris (e.g. grass clippings, leaves, tree limbs, bark, branches, flowers, etc.) which is produced as part of yard and garden development and maintenance.
6-4-3 DUTIES OF HEAD OF HOUSEHOLD Each person who is the head of a household shall deposit weekly on the curb of the premises all solid waste accumulated on said premises which shall be harmful to the general health and welfare of persons in said City. A 96-gallon cart will be delivered to your household. The cart shall be used to store your waste between collection days and be transported to the curb on your day of service. Cart placement shall be within 2 feet of the curb and 3 feet from any obstruction. Additional waste generated in excess of the 96-gallon cart must be contained in a 32-gallon bag or trash container weighting less than 50 lbs. Annual city clean up services are replaced by bulk item collection which will enable each head of household to dispose of one bulk item per week at no charge. The bulk item must be placed at the curb on the same day as cart waste collection using the same guidelines as trash services. The bulk item must be smaller than 7 feet and less than 50 pounds in weight. The bulk item must be a piece of waste material from a residential source other than construction debris or hazardous waste. It must also have a weight or volume greater than that allowed for in containers. Examples of “bulk items’, if both less than 7 feet in length and less than 50 pounds would include: couches, chairs, household furniture, carpeting (cut into 4 feet bundles) and bicycles. Examples of items that would not be included within the definition of “bulk items”, include household business waste, construction and demolition debris, concrete, brick, asphalt, roofing, vehicles, vehicle parts and any item 7 feet or more in length and any item 50 pounds or more in weight.
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6-4-4 PLACEMENT OF CONTAINERS The cart, bags and containers shall be placed for pick-up not later than 7:00 a.m. on the date of the collection service, or the night before.
6-4-5 COMMERCIAL ESTABLISHMENTS Collection from commercial establishments shall be made for each establishment as though said establishment were a household, and the operator thereof shall be treated the same as the head of the household for purposes of this ordinance. Provided, however, that if the City Council determines that it is not practical to treat any commercial residence as a household for the purpose of this ordinance, then the council shall notify such commercial establishment, and such commercial establishment shall forthwith independently contract with a private firm for the collection and disposal of said commercial establishment’s solid waste. Any such commercial establishment so notified by the city council shall not be required to pay the household charge specified in paragraph 6-4-6.
6-4-6 SEPARATION OF YARD WASTE REQUIRED All yard waste shall be separated by the owner or occupant from all garbage and refuse accumulated on the premises and shall be composted on the premises or placed in specially marked “Yard Waste” degradable bags and set out for collection by the city.
6-4-7 CHARGES FOR SERVICE The collection and disposal of solid waste as provided in this Chapter are declared to be beneficial to the property to be served or eligible to be served and there shall be levied and collected therefore in accordance with the following:
Each head of household as well as the owner of the premises shall be responsible for the payment of the service charge for the pick-up of solid waste. Each head of household or owner shall pay charges for service as determined by the City of Drakesville payable to the Rathbun Regional Water Association for each separate parcel, premises, or establishment located within the City of Drakesville. Each such person shall pay for garbage collection service rendered each month.
It is the express intent of this Section to make both the tenant and the landlord liable for the charges for service to the full extent allowed by Section 384.84 and to authorize the imposition of a lien against the property of the landlord or other owner to the full extent allowed by Section 384.84 of the Iowa Code.
6-4-8 FAILURE TO PAY; PENALTY Any person failing to pay for said solid waste pick-up service by the 15th of the month following the month in which said collection occurs may be charged an additional 1.5%. In the event that the head of household or owner shall fail to pay the amount due the City for said service within said twenty (20) days, said matter shall be reported to the City Council who shall direct the City Clerk to cause a notice to be served upon the head of household so indebted to the City and the owner of the premises where said head of household resides. Said notice shall
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be given by ordinary mail and shall recite that the cost of said services will be assessed against the property where said head of household resides and should said head of household or owner of the premises fail to show good cause why said costs should not be assessed against the property within thirty (30) days of the mailing of said notice, it shall thereupon be the duty of the City Clerk to certify said costs as a special assessment to the County Auditor of Davis County, Iowa for collection as other special assessments are collected as taxes.
Any person convicted of violating any provision of this chapter shall be subject to a fine in an amount not to exceed one hundred dollars ($100.00)
6-4-9 DISPUTES If any head of household or owner disputes the action being taken by the City or it’s agents or employees, he or she may notify the City within twenty (20) days of the date of the notice of delinquency, and the matter shall be set for hearing before the City Council with notice of such hearing to the complaining party by ordinary mail. In the event of a timely appeal, the assessment shall be stayed pending the determination of the appeal by the City Council.
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JUNKYARD 6-5
TITLE VI SPECIAL ORDINANCES
CHAPTER 5 JUNKYARD
6-5-1 Purpose
6-5-2 Structure Defined
6-5-3 Limitations on Permit
6-5-1 PURPOSE The purpose of this chapter is to prohibit the establishment of a Junkyard within the corporate limits of the town of Drakesville.
6-5-2 DEFINITION Said junkyard shall be defined as a plot of land set aside for the purpose of accumulating and storing of any and all kinds of materials, which materials are designed and intended for resale and or reuse and the operation of said junkyard be classified as a legitimate business.
6-5-3 PROHIBITION It shall be unlawful for any person to establish a junkyard as defined above within the corporate limits of the town of Drakesville, Iowa, Davis County.
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TREES 6-6
TITLE VI SPECIAL ORDINANCES
CHAPTER 6 TREES
6-6-1 Purpose 6-6-6 Removal of Trees on Private Property
6-6-2 Definitions 6-6-7 Trees Removed or Trimmed on Private
6-6-3 Planting of Trees in “Parking” Property by Owner
Prohibited
6-6-4 Removal of Street Trees 6-6-8 Trees on Private Property
6-6-5 Trimming of Trees 6-6-9 Undesirable and Prohibited Trees
6-6-1 PURPOSE The purpose of this chapter is to establish such regulations and laws whereby the Town of Drakesville, Davis County, Iowa, shall provide for the care, maintenance, general supervision and planting of trees on the public streets of said City.
6-6-2 DEFINITIONS Words used in this chapter shall have the same meaning as used in Title One, Chapter Two of this Code.
a. The term “public property” when used in this chapter shall mean any and all property located within the corporate limits of the Town of Drakesville and owned by virtue of corporation law and/or any property held in the name of the city by an of the departments, commissions or agencies within the Municipal Govern- men t.
b. The term “parking” when used in this chapter shall refer to that part of the street in the town not covered by the sidewalk and lying between the lot line and the curb line; or, on unpaved streets that part of the street lying between the lot line and that part of the street reserved for vehicular traffic.
6-6-3 PLANTING OF TREES IN “PARKING” PROHIBITED It shall be unlawful for any person to plant any tree in the parking area of any street within the corporate limit of the town of Drakesville. Bushes or shrubbery which may obstruct or hinder vision of vehicular traffic are also prohibited. 6-6-4 REMOVAL OF STREET TREES The City shall have the right to remove any tree now located in the “parking” area which may interfere with the making of improvement of said street, or with the travel thereon, or which may be diseased or which may constitute a danger to the public or which may otherwise be declared a nuisance. 6-6-5 TRIMMING OF TREES All trees, whether planted in the “parking area or on private property, must be trimmed of overhanging limbs to provide a fourteen (14) ft. clearance over the roadway and a clearance of eight
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(8) feet over the sidewalk. The cost of said trimming may be assessed against the abutting property owner.
6-6-6 REMOVAL OF TREES ON PRIVATE PROPERTY The Council of the Town of Drakesville shall have the right to order the removal of any tree located on private property when said tree be diseased as to constitute a threat or a hazard to other trees, or if said tree be declared a nuisance and/or a threat to public welfare and safety. When said trees are removed by the City, all the costs thereof shall be assessed against the property for collection in the same manner as a property tax. Any tree removed by the city shall be by contract.
6-6-7 TREES REMOVED OR TRIMMED ON PRIVATE PROPERTY BY OWNER The cost of trimming or removal of any tree located on private property shall be borne by the owner or the agent of the owner of said property. Any and all damages incurred by the falling of a tree or the trimming thereof shall be borne by the property owner or his agent.
6-6-8 TREES ON PRIVATE PROPERTY Trees shall not be planted on private property closer than twenty (20) feet to street (property lines extended) and at least ten feet from alleys and driveways. Where there is an established sidewalk, trees shall not be planted closer than five (5) feet to the inside private property sidewalk line.
6-6-9 UNDESIRABLE AND PROHIBITED TREES Box Elder, Walnut, Chinese Elm, Hickory, Poplar, Cottonwood, Willow, American Elm, Silver Maple, Mulberry, Pin Cherry, Ailianthus, Fruit Tree Orchards and White Birches.
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ELECTRIC FRANCHISE 6-7
TITLE VI SPECIAL ORDINANCES
CHAPTER 7 ELECTRIC FRANCHISE ORDINANCE
An Ordinance granting to Interstate Power & Light Company, (“Company”), its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Drakesville, Davis County, Iowa, works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances for the transmission of electric current along, under and upon the streets, avenues, alleys and public places in the City of Drakesville, Davis County, Iowa, to supply individuals, corporations, communities and municipalities both inside and outside of said City with electric light, heat and power for the period of twenty-five (25) years and granting to said Company the right of eminent domain.
Be it ordained by the city council of the City of Drakesville, Davis County, Iowa:
Section 1. There is hereby granted to INTERSTATE POWER & LIGHT COMPANY, hereinafter referred to as the “Company,” its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Drakesville, Davis County, Iowa, works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances for the transmission of electric current along, under and upon the streets, avenues, alleys and public places in the said City of Drakesville, Davis County, Iowa; and also the right to erect and maintain upon the streets, avenues, alleys and public places, transmission lines through said City of Drakesville, Davis County, Iowa, to supply individuals, corporations, communities, and municipalities both inside and outside of said City with electric light, heat and power for the period of twenty-five (25) years; also the right of eminent domain as provided in Section 364.2 of the Code of Iowa.
Section 2. The poles, wires and appliances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys, and public places in said City nor unnecessarily interfere with the proper use of the same, including ordinary drainage, or with the sewers, underground pipe and other property of the City, and the said Company, its successors and assigns shall hold the City free and harmless from all damages arising from the negligent acts or omissions of the Company in the erection or maintenance of said system.
Section 3. The Company, its successors and assigns, shall furnish and ainstall all meters at its own expense, and shall provide the service wire to buildings as set forth in the Company’s tariff filed with the Iowa Utilities Board.
Section 4. The system authorized by this Ordinance shall be modern and up-to-date and shall be of sufficient capacity to supply all reasonable demands of said City and its inhabitants thereof and shall be kept in a modern and up-to-date condition.
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Section 5. The franchise granted by this Ordinance shall not be exclusive.
Section 6. Service to be rendered by the Company under this franchise shall be continuous unless prevented from doing so by fire, Acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the Company’s equipment, and in such event service shall be resumed as quickly as is reasonably possible.
Section 7. The term of the franchise granted by this Ordinance and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the said Company, as herein provided.
Section 8. The expense of the publication of this Ordinance shall be paid by the Company.
Section 9. The franchise granted by this Ordinance shall be conditioned upon acceptance by the Company in writing. The acceptance shall be filed with the City Clerk within ninety (90) days from passage of this Ordinance.
Section 10. This Ordinance sets forth and constitutes the entire agreement between the Company and the City of Drakesville with respect to the rights contained herein, and may not be superseded, modified or otherwise amended without the approval and acceptance of the Company. Notwithstanding the foregoing, in no event shall the City of Drakesville enact any ordinance or place any limitations, either operationally or through the assessment of fees, that create additional burdens upon the Company, or which delay utility operations.
Adopted: June 7th, 2004.
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SEWER FRANCHISE 6-8
TITLE VI SPECIAL ORDINANCES
CHAPTER 8 SEWER FRANCHISE AGREEMENT
An ordinance granting to Rathbun Regional Water Association, Inc., an Iowa corporation having its principal place of business at Rural Route, Centerville, Iowa, its successors and assigns, the non-exclusive right and franchise to erect, maintain and operate plants and systems for sanitary sewer services and necessary additions and appurtenances thereto in under, over, along, across and upon the streets, avenues, sidewalks, alleys, bridges, easements and other public places in the City of Drakesville, Iowa for a period of forty (40) years, and to provide for the submission of said franchise matter to the legal electors of the City of Drakesville, Iowa at a special election.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DRAKESVILLE, IOWA:
Section 1. There is hereby granted unto Rathbun Regional Water Association, Inc., an Iowa corporation having its principal place of business at Rural Route, Centerville, Iowa, its successors and assigns, the non-exclusive right and franchise to erect, maintain and operate plants and systems for sanitary sewer services and necessary additions and appurtenances thereto in, under, over, along, across and upon the streets, avenues, sidewalks, alleys, bridges, easements and other public places in the City of Drakesville, Iowa for a period of forty (40) years from the date this Ordinance becomes effective as provided by law.
Section 2. Rathbun Regional Water Association, Inc., shall file in writing with the City Clerk of the City of Drakesville, Iowa, an acceptance of the rights, privileges and franchise herein granted, within two (2) years from and after a majority of the legal electors voting thereon vote in favor of the same.
Section 3. This ordinance shall be in full force and effect from and after the occurrence of all of the following events: (a) its passage and publication as provided by law; and (b) upon a majority of legal electors of the City of Drakesville, Iowa voting in favor thereof at a special election provided for; and (c) upon acceptance by Rathbun Regional Water Association, inc. as provided herein.
Adopted: August 25th, 1994.
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SEWAGE TREATMENT SYSTEM 6-9
TITLE VI SPECIAL ORDINANCES
CHAPTER 9 SEWAGE TREATMENT SYSTEM
Be it ordained by the city council of the City of Drakesville, Iowa: Article I Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
Section 1. “Building Drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to a Building Sewer.
Section 2. “Building Sewers” shall mean that part of the lowest horizontal pipe which begins five (5) feet outside of the wall of a building and connects the Building Drain with the main sewer line.
Section 3. “Combined Sewer” shall mean a sewer receiving both surface runoff and sewage.
Section 4. “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
Section 5. “Industrial Wastes” shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
Section 6. “Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
Section 7. “Person” shall mean any individual, firm, company, association, society, corporation or group.
Section 8. “pH” shall mean the logarithm of the reciprocal at the weight of hydrogen ions in grams per liter of solution.
Section 9. “Properly Shredded Garbage” shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers.
Section 10. “Public Sewer” shall mean a sewer which serves properties within the City.
Section 11. “Rathbun” shall mean Rathbun Regional Water Association, Inc., its designated representatives, successors or assigns.
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Section 12. “Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
Section 13. “Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
Section 14. “Sewage Treatment Plans” shall mean any arrangement of devices and structures used for treating sewage.
Section 15. “Sewage Works” and “Sewer Services” shall mean all facilities and systems for collecting, pumping, treating and disposing of sewage.
Section 16. “Sewer” shall mean a pipe or conduit for carrying sewage.
Section 17. “Shall” is mandatory; “May” is permissive.
Section 18. “Storm Drain” (sometimes termed “storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.
Section 19. “Suspended Solids” shall mean solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
Section 20. “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.
Section 21. “City” shall mean the City of Drakesville representatives Iowa, or its designated representatives.
Article II Use of Public Sewers Required
Section 1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste.
Section 2. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.
Section 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
Section 4. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street,
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alley or right-of-way in which there is now located or may in the future be located a sanitary or combined sewer, is hereby required at the owners expense to install suitable toilet facilities therein, and to connect such facilities directly with said sewer in accordance with the provisions of this ordinance, within sixty (60) days after the date of notice to do so is given by Rathbun, provided that said public sewer is within one hundred (100) feet of the property line. Charges for sanitary sewer service will begin the date of said notice to connect to the public sewer.
Article III Private Sewage Disposal
Section 1. Only in instances where a public sanitary or combined sewer is not available under the provisions of Article II, Section 4, the building sewer shall be connected to a works complying with the provisions of this Article.
Section 2. Before commencement of construction of a private sewage owner shall first obtain a written permit from the City. The applicant shall furnish any plans, specifications and other information as are deemed necessary by the City.
Section 3. A permit for the private sewage works shall not become effective until the installation is completed to the satisfaction of the City. The City shall be allowed to inspect the work at any stage of construction. In addition, the applicant shall notify the City when the work is ready for final inspection and before any underground portions are covered.
Section 4. The type, capacities, location and layout of a private sewage works shall comply with all recommendations of the Department of Environmental Quality of the State of Iowa. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
Section 5. At such time as a public sewer becomes available to a property served by a private sewage works, a direct connection shall be made to the public sewer in compliance with Article II, Section 4 of this ordinance and any septic tanks, cesspools and similar private sewage works shall be abandoned.
Section 6. The owner shall be solely responsible for the operation and maintenance of any private sewage works.
Article IV Building Sewers and Connections
Section 1. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof.
Section 2. Before any connection is made to the public sewer, a permit for such connection must be obtained from Rathbun or its designated representative. Each connection to the main sewer shall be made to the fitting designated for that property and under the direct supervision of Rathbun.
Section 3. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify Rathbun from any loss or
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damage that may directly or indirectly be occasioned by the installation of the building sewer.
Section 4. A separate and independent building sewer shall be provided for every building; except where one building stands in the rear of another on an exterior lot, the building sewer from the front building may be extended to the rear building and the whole considered as one sewer when so approved by the Rathbun.
Section 5. Old building sewers may be used in connection with new buildings only when they are found, upon examination and testing by Rathbun, to meet all requirements of this ordinance.
Section 6. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of applicable rules and regulations adopted by Rathbun.
Section 7. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by a means approved by Rathbun and discharged to the building sewer.
Section 8. No person shall make connection of roof down spouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
Section 9. Installation of building drains and building sewers shall be completed to the satisfaction of the Rathbun. Rathbun shall be allowed to inspect the work at any stage of construction. In addition, the applicant shall notify Rathbun when the work is ready for final inspection and before any underground portions are covered. The connection shall be made under the supervision of Rathbun.
Section 10. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
Article V Use Of The Public Sewer
Section 1. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
Section 2. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
a. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
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liquid, solid or gas.
b. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, which inure or interfere with the sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
c. Any waters or wastes having a pH lower than the level established by Rathbun, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, tar, feathers, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.
e. Any other limitations which may be established by Rathbun.
Section 3. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics which are restricted or limited, Rathbun may:
a. Disconnect the connection to the public sewer;
b. Reject the wastes;
c. Require pre-treatment to an acceptable condition for discharge to the public sewers;
d. Require control over the quantities and rates of discharge, and/or;
e. Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges.
Section 4. If Rathbun permits the pretreatment or equalization of waste flows, the plans, specifications and any other pertinent information relating to proposed treatment facilities shall be submitted for the approval of Rathbun and no construction of such facilities shall be commenced until said approvals are obtained in writing.
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Section 5. Grease, oil and sand interceptors shall be provided when in the opinion of Rathbun they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by Rathbun, and shall be located as to be readily and easily accessible for cleaning and inspection.
Section 6. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in a satisfactory and effective operation by the owner at the owners expense.
Section 7. When required by Rathbun, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by Rathbun. The manhole shall be installed and maintained by the owner at owners expense, and shall be maintained so as to be safe and accessible at all times.
Section 8. No statement contained in this article shall be construed as preventing any special agreement or arrangement between Rathbun and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by Rathbun for treatment, subject to payment therefore, by the industrial concern.
Article VI Protection from Damage
Section 1. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Article VII Powers of Authority of Inspectors Section 1. Representatives of Rathbun shall be permitted to enter all public and private properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this ordinance.
Section 2. Duly authorized employees of Rathbun shall be permitted to enter all private properties through which the City or Rathbun holds a duly negotiated easement for the purposes of repair and maintenance of any portion of the sewage works lying within said easement.
Article VIII Sewer and Connection Charges
Section 1. All sewer charges levied by Rathbun shall constitute a lien upon the premises served and if not paid within sixty (60) days after due date, the charges shall be certified to the County Treasurer by the City Clerk upon request by Rathbun and shall be collectible in the same manner as taxes.
Section 2. During the initial construction of the sewage collection system and provided the
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owner has filed a written request for the construction of a building sewer line on forms provided by Rathbun, Rathbun, or its designee shall install the initial building sewer line and connection from the public sewer to within five (5) feet of the building. The owner shall be responsible for the final connection and any seeding, sodding, plantings, sidewalks and driveway repairs. Once construction is completed, the owner shall accept the ownership, including the use, operation, repair, maintenance and replacement of the building sewer line from the building to the public sewer main.
Section 3. Except for connections made during the initial construction of the sewage collection system as provided by Section 2, any person desiring to connect or reconnect to the public sewer shall pay such charges as may be required by Rathbun to cover the cost of issuing the permit and supervising, regulating and inspecting the work.
Article IX Penalties
Section 1. Any person found to be violating any provision of this ordinance shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100), or be subject to imprisonment for a period not exceeding thirty (30) days for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Section 2. Any person violating any of the provisions of this ordinance shall become liable to Rathbun for any expense, loss or damage occasioned Rathbun by reason of such violation. In addition, any person violating any of the provisions of this ordinance shall also become liable to the City for any expense, loss or damage occasioned by City by reason of such violation.
Section 3. As to any person violating any of the provisions of this ordinance or failing to pay the charges for the use of the sewer services, Rathbun shall have the right to terminate service to the premises until such time as the violation is cured or until all late charges assessed for the use of the sewer services are paid in full.
Article X General
Section 1. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 2. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.
Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
Adopted: August 25th, 1994.
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WATER FRANCHISE 6-10
TITLE VI SPECIAL ORDINANCES
CHAPTER 10 WATER FRANCHISE
Be it ordained by the city council of the city of Drakesville, Iowa:
Section 1. There is hereby granted unto Rathbun Regional Water Association, Inc., an Iowa corporation having its principal place of business at Rural Route, Centerville, Iowa, and its successors and assigns, the non-exclusive right and franchise to construct, maintain and operate water transmission, storage and distribution facilities and additions and appurtenances thereto necessary or incidental to the storage, supply, sale and distribution of potable water in, under, over, along, across and upon the streets, avenues, sidewalks, alleys, bridges, easements and other public places in the City of Drakesville, Iowa.
Section 2. The right, privilege and franchise herein granted shall extend for a period of twenty-five (25) years from the date this Ordinance becomes effective as provided by law.
Section 3. Rathbun Regional Water Association, Inc., shall file in writing with the City Clerk of the City of Drakesville, Iowa, an acceptance of the rights, privileges and franchise herein granted, within sixty (60) days from and after a majority of the legal electors voting thereon vote in favor of the same.
Section 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law, and upon a majority of legal electors of the City of Drakesville, Iowa voting in favor thereof at a special election provided for, and upon acceptance by Rathbun Regional Water Association, Inc. as provided herein.
Adopted: October 13th, 1998.
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BUSINESS AND OCCUPATION 6-11
TITLE VI SPECIAL ORDINANCES
CHAPTER 11 BUSINESS AND OCCUPATION
6-11-1 Purpose 6-11-5 Penalty
6-11-2 Definitions 6-11-6 Further Remedy and Penalty
6-11-3 Location 6-11-7 In Effect
6-11-4 Existing Business
6-11-1 PURPOSE This ordinance is enacted for the purpose of protecting the public health, safety and welfare of the persons living in the City of Drakesville.
6-11-2 DEFINITIONS Alcoholic Beverage: means any beverage containing more than one-half of one percent alcohol by volume Including alcoholic liquor, wine and beer.
Residence: means any building, or structure occupied and used exclusively as a dwelling unit.
6-11-3 LOCATION No person shall sell or cause to be sold or facilitate the sale of any alcoholic beverage for consumption on the premises In any building or structure which Is within 75 feet of the nearest lot line of a residence within the City Limits of the City of Drakesville, Iowa, nor shall any person establish or operate a business or other establishment for the sale of any alcoholic beverage for consumption on the premises In any building or structure within 75 feet of the nearest lot line of a residence within the City Limits of the City of Drakesville, Iowa.
6-11-4 EXISTING BUSINESS This ordinance shall not apply to any existing business or establishment which is presently serving alcoholic beverages for consumption on the premises so long as such business or establishment remains at its present location. It shall apply to any change of location of any such existing business or establishment which is presently serving beverages for consumption on the premises.
6-11-5 PENALTY Any person violating the provisions of this ordinance shall be subject to a fine not exceeding $500.00 or by Imprisonment not to exceed 30 days. Each day that a person is in violation of this ordinance shall constitute a new and separate offense.
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6-11-6 FURTHER REMEDY AND PENALTY In addition the City Council may, in its discretion, institute injunctive relief against any violator of this ordinance. All court costs and attorney’s fees Incurred by the City in enforcing this ordinance shall be assessed against the person or persons determined to be in violation hereof.
6-11-7 IN EFFECT This ordinance shall be in full force and effect from and after its enactment and posting as provided by law.
Adopted: August 3rd, 1987.
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HAZARDOUS SUBSTANCES 6-12
TITLE VI SPECIAL ORDINANCES
CHAPTER 12 HAZARDOUS SUBSTANCES
6-12-1 Purpose 6-12-4 Notifications
6-12-2 Definitions 6-12-5 Sever-ability Clause
6-12-3 Clean Up Required
6-12-1 PURPOSE In order to reduce the danger to public health, safety and welfare from the spills of hazardous substances these regulations are proclaimed to establish responsibility for the removal and clean-up of spills within the City Limits.
6-12-2 DEFINITIONS For the purpose of this Ordinance, these words shall have the following meanings: Hazardous Waste: means those wastes which are included by the definition in Section 455B.411, subsection 3, paragraph a., Code of Iowa, and the rules of the Iowa Department of Natural Resources. Hazardous Substance: means any substance as defined in Section 455B.381, subsection 1, Code of Iowa
Hazardous Condition: means the same as set out in Section 455B.381, subsection 2, Code of Iowa.
Person having control over the Hazardous Substance: means the same as set out in Section 455B.381, subsection 8, Code of Iowa.
Clean-Up: means the same as set out in Section 455B.381, subsection 6, Code of Iowa.
Treatment: means a method, technique or process including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance nonhazardous, safe for, transport, amenable for recovery, amenable for storage, or to reduce it in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous substance to render it nonhazardous.
6-12-3 CLEAN UP REQUIRED Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous waste substance, so that the hazardous substance or waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a clean up as defined in the proceeding section as rapidly as feasible to acceptable, safe condition. The costs of clean-up shall be borne by the person having control over a hazardous substance does not cause the clean-up to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may proceed to procure clean-up services and bill the responsible person. If the bill for those services is not paid within thirty (30) days, the City Attorney shall proceed to obtain payment all legal means.
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If the cost of the clean up is beyond the capacity of the City to finance it, the authorized officer shall report to the City Council and immediately seek any state or federal funds available for said clean-up. 6-12-4 NOTIFICATIONS The first City Official or member of the City Fire Department who arrives at the scene of an incident involving hazardous substances if not a peace officer, shall notify the Sheriff’s Department of Davis County, which shall notify the proper state office in the manner established by the State. 6-12-5 SEVER -ABILITY CLAUSE If any section, provision 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.
Adopted: November 25th, 1991.
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SEWER RATES 6-13
TITLE VI SPECIAL ORDINANCES
CHAPTER 13 SEWER RATES
A RESOLUTION ESTABLISHING RATES AND CHARGES FOR THE USE AND SERVICE OF THE DRAKESVILLE, IA SANITARY SEWER UTILITY OF RATHBUN REGIONAL WATER ASSOCIATION, INC. APPANOOSE COUNTY, IOWA.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF RATHBUN REGIONAL WATER ASSOCIATION, INC. OF APPANOOSE COUNTY, IOWA:
Section 1. There shall be and there are hereby established sewer service charges for the use and for the service rendered by the sewer system based upon the meter readings for the amount of water consumed as follows:
A.
AMOUNT SEWER SERVICE CHARGE First 2,000 gal. or lesser amount $20.00 per 2,000 gal. (minimum monthly bill) Next 3,000 gal. per month $5.50 per 1,000 gal. All over 5,000 gal. per month $3.00 per 1,000 gal.
All gallonage classifications in the above rate schedule include a constant rate of $2.54 per 1,000 gallons for operation, maintenance and replacement costs.
In the case of non-metered services, the minimum service charge shall not be less than $21.00 per month, which is necessary to retire the indebtedness, to pay operating, maintenance and replacement and to fund reserves necessary for maintaining the sanitary sewer facility.
Service to industrial establishments may be by contract if Rathbun Regional Water Association, Inc. deems this to be in its best interest.
B. Re-connection Charge: For violations of any of the provisions of this Rates and Charges Resolution or the Rules, Regulations and Conditions of Service Resolution, Rathbun Regional Water Association, Inc. may remove the meter and discontinue service. If a meter is thereafter reinstalled, the user shall pay a reconnection charge of $25.00 to Rathbun Regional Water Association, Inc.
Section 2. All charges for sewer service shall be payable monthly. All charges shall be payable on the first day of the month following the period of service and shall be paid at the office of Rathbun Regional Water Association, Inc. If any charge for the services of the system shall not be paid by the 15th day of the month in which it shall become due and payable, a charge of ten percent (10%) of the amount of the bill shall be added thereto and collected therewith. If any bills remain unpaid 30 days following the due date, the water supply for the lot, parcel of land or premise affected may be cut off and may not be restored except upon satisfactory payment of the delinquent charges.
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Section 3. The service charges for sanitary sewer services to customers not being supplied water by a public water system will be due and payable on the first day of each month.
Section 4. Applications for sewer service shall be filed with the Rathbun Regional Water Association, Inc. upon a form to be supplied by Rathbun Regional Water Association, Inc. The application shall state the name of the applicant and the premises to be served. All applications filed after the commencement of the operation of the system shall be accompanied by a fee of $25.00, payable Rathbun Regional Water Association, Inc. for the connection charge.
Section 5. The owner of the premises served and the occupant thereof and the user of the sanitary sewer service shall be jointly and severally liable for the sewer service provided said premises. A deposit of $40.00 shall be required from all tenants. The deposit shall be applied to any bill for sewer service delinquent more than 30 days. Upon disconnection of the sewer service, any balance of such deposit shall be returned to the applicant without interest.
Section 6. It is hereby made the duty of the Treasurer of Rathbun Regional Water Association, Inc. to collect all money for sewer service and all other charges in connection therewith.
Section 7. All sewer charges levied pursuant to this resolution constitute a lien upon the premises served and if not paid within sixty days after due date, the charges shall be certified to the County Auditor and shall be collectible in the same manner as taxes.
Section 8. All revenues and monies derived from the operation of the sewer system shall be paid to and held by the treasurer, separate and apart from all other funds of the company and all of said sums and all other funds and monies incident to the operation of said system, as may be delivered to the treasurer, shall be deposited in a separate fund designated the REVENUE FUND ACCOUNT.
Section 9. Rathbun Regional Water Association, Inc. shall establish a proper system of accounts and shall keep proper records, books and accounts in which complete and correct entries shall be made of all transactions relative to the sewer system and at regular annual intervals Rathbun Regional Water Assoiation, Inc. shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the sewer system. Rathbun Regional Water Association, Inc. shall be required annually to prepare a budget of the Sanitary Sewer System to show the required revenues and expenses. If necessary, user charge rates will be adjusted to produce adequate income to retire the indebtedness, meet operation, maintenance and replacement needs, and establish required reserves.
Passed and Approved: January 19th, 2005.
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SEX OFFENDERS 6-14
TITLE VI SPECIAL ORDINANCES
CHAPTER 14 SEX OFFENDERS
AN ORDINANCE PROHIBIITING SEX OFFENDERS FROM RESIDING WITHIN TWO THOUSAND FEET OF A PUBLIC PARK, PUBLIC PLAYGROUND, PUBLIC LIBRARY OR SCHOOL BUS STOP.
Section 1. Purpose. The purpose of this ordinance is to provide for the safety and well being of all citizens of Drakesville, Iowa.
Section 2. Definitions. For the purpose of this ordinance the following shall be defined as shown herein:
A. Sex Offender: A person who has been convicted of a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor as set out in Chapter 692A of the Code of Iowa.
B. “Public Library”: A room or building owned by the City of Drakesville where a collection of books, periodicals, musical scores and similar materials are kept for reading or reference.
C. “Public Park”: Any area of land owned by the City of Drakesville, Davis County, the State of Iowa, or any other governmental entity used for outdoor games and recreation or on which any swings, slides, merry-go-rounds, or other playground equipment or recreational equipment suitable for minors is located.
Section 3. Residency Restricted. A sex offender shall not reside within two thousand feet (2,000) of the real property comprising a public park, public playground, school bus stop, or a public library.
Section 4. A sex offender who resides within two thousand feet (2,000) of the real property comprising a public park, public playground, school bus stop, or public library commits a municipal infraction subject to penalty as set out in Chapter 1-3 of the Drakesville Code of Ordinances.
Section 5. Exceptions. A sex offender residing within two thousand feet of the real property comprising of a public park, public playground, school bus stop, or a public library does not commit a violation of this ordinance if any of the following apply:
A. The sex offender has established residence prior to April 2nd, 2007, the effective date of this ordinance.
B. The sex offender is a minor or a ward under guardianship.
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