CODE CITY OF MOUNT PLEASANT, IOWA

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GENERAL ORDINANCES OF THE CITY

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Adopted, March 3, 1982
Effective, June 1, 1982
Readopted, May 10, 1989

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Published in 1982 by Order of the Council

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OFFICIALS

of the

CITY OF MOUNT PLEASANT, IOWA

AT THE TIME OF THIS CODIFICATION

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Edward M. King
Mayor

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James T. Carson
Joann Sankey
Ronald L. Dupree
Morton E. Dodds
Charles R. Fitzgibbons
Fred Wohlleber
Council

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William L. Dowell
Attorney

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Rama C. Challen
Clerk

CURRENT OFFICIALS

of the

CITY OF MOUNT PLEASANT, IOWA

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Steven K. Brimhall
Mayor

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Steve Engberg
Terry McWilliams
Tim Gray
Debra Savage
Matt Crull
Stan Curtis
Councilmembers

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Patrick Brau
Attorney

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Florence Olomon
City Clerk

PREFACE

This Code constitutes a complete codification of the ordinances of the City of Mount Pleasant, Iowa, of a general and permanent nature and is the first such codification since 1969. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto.

The source of each section is included in the history note which appears in parentheses at the end thereof. References in history notes to the city's 1969 Code as supplemented through Ordinance number 426, adopted July 18, 1973. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table appearing in the back of the volume, the reader can locate all laws and ordinances included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been appropriately catchlined to facilitate usage. Appropriate footnotes which tie related sections of the Code together and which also refer to relevant state laws have been included.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 36 is 36-14. Under this system, each section is identified with its chapter, and, at the same time, new sections, or even whole chapters, can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 5-4 and 5-5 is desired to be added, such new sections would be numbered 5-4.1, 5-4.2, 5-4.3, respectively. New chapters may be included by the addition of a decimal after the chapter number, e.g., if the new material is to be included between Chapters 12 and 13 it will be designated as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of each chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Codes with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 6 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Index

The general index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by city officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

The publication of this Code was under the direct supervision of George R. Langford, President, and Roger D. Merriam, of the editorial staff, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Mr. Rande A. McAllister, former City Attorney, and Mr. Thomas S. Reavely, City Attorney, and all other city officials for their cooperation and interest during the preparation of this Code.

This Code is presented for the use and benefit of the citizens of Mount Pleasant, Iowa.

March, 1982

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. 738

AN ORDINANCE ADOPTING A CODE OF ORDINANCES FOR THE CITY OF MOUNT PLEASANT, IOWA

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MOUNT PLEASANT, IOWA:

Section 1. Purpose. The purpose of this Adopting Ordinance is to enable the City of Mount Pleasant, Iowa, to comply with the provisions of Section 380.08, Code of Iowa.

Section 2. Adoption. The City of Mount Pleasant, Iowa, hereby adopts the 1989 Code of Ordinances for the City of Mount Pleasant, Iowa, pursuant to the provisions of Section 362.3, Code of Iowa, providing for notice and hearing on the adoption and of the provisions of Section 380.8, Code of Iowa.

Section 3. Content. The 1989 Code of Ordinances of the City of Mount Pleasant, Iowa, is composed of all city ordinances presently in effect except grade ordinances, bond ordinances, zoning ordinances and ordinances vacating streets and alleys.

The 1989 Code of Ordinances shall include this Adopting Ordinance and the City Clerk's Certification of its adoption and passage.

All Ordinances adopted pursuant to Section 380.10, Code of Iowa, including, but not exclusive of, all statewide and nationally recognized standard codes previously adopted by the city, shall also be kept on file by the City Clerk, with the official copy of the City Code and copies of such standard codes.

Section 4. Format. The 1989 Code of Ordinances of the City of Mount Pleasant, Iowa, shall be compiled in looseleaf format.

Section 5. Official copy. The City Clerk shall be responsible for the compilation, organization and maintenance of the Official 1989 Code of Ordinances of the City of Mount Pleasant, Iowa, and shall keep the official copy on file in the Office of the City Clerk.

Section 6. Public copies. Additional copies of the 1989 Code of Ordinances shall be kept in the Office of the City Clerk and shall be available for public inspection and purchase. A copy of the 1989 Code of Ordinances shall be kept on file in the Mount Pleasant Public Library for public inspection.

Section 7. Additional ordinances. All ordinances, except as hereinafter provided, adopted after the effective date of this ordinance shall be in the form of an amendment to or addition to the 1989 Code of Ordinances. This section does not apply to grade ordinances, bond ordinances, zoning ordinances and ordinances vacating streets and alleys.

Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 9. 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 10. Effective date. This ordinance, after its passage and publication, as provided by law, shall be effective as of the 1st day of May, 1989.

DATED this 10th day of May, 1989.

/s/ Thomas J. Vilsack
Mayor

The above ordinance was passed and approved on the 10th day of May, 1989, and was signed by the Mayor on the 10th day of May, 1989.

ATTEST:

/s/ Florence Olomon
Clerk

1st Reading 4-12-89
2nd Reading 4-26-89
3rd Reading 5-10-89

I hereby certify that the foregoing was published as Ordinance No. 738 in the Mount Pleasant News on the 16th day of May, 1989.

/s/ Florence Olomon
Clerk

ORDINANCE NO. 570

An Ordinance Adopting the Codification of All Ordinances of the City of Mount Pleasant, Iowa, of a General or Public Nature or Imposing a Fine or Penalty, Including Codes and Maps Adopted by Reference, as the Official Code of the City of Mount Pleasant, Iowa, as Provided for and Pursuant to Chapter 380 of the Code of Iowa; Providing for the Title and Citation of the Code; Repealing All Ordinances and Parts of Ordinances of a General or Public Nature or Imposing a Fine or Penalty, Passed on or Prior to January 2, 1980, Except Those Not Contained in Said Code or Recognized and Continued in Force by Reference Therein; Providing Penalties for the Violation of the Several Sections Thereof; and Prescribing the Time When This Ordinance Shall Be in Full Force and Effect.

Pursuant to the Resolution adopted by the Council of the City of Mount Pleasant, Iowa, on the 17th day of February, 1982, the Clerk was ordered to publish notice that a hearing would be held in the Council Chambers of the City Hall at 8:00 p.m. the 3rd day of March, 1982, on the proposal to adopt a City Code.

Said notice was duly published in the Mount Pleasant News on the 23rd day of February, 1982, as required by Section 362.3 of the Code of Iowa.

The Council then determined that the said proposed City Code should be adopted in its original form as now filed and did then on the 3rd day of March, 1982, adopt Ordinance No. 570, adopting said City Code as provided in Section 380.8.

Be It Ordained by the Council of the City of Mount Pleasant, Iowa:

Section 1. The proposed City Code of Mount Pleasant, Iowa, printed by the Municipal Code Corporation, Tallahassee, Florida, heretofore filed in the office of the Clerk of the City of Mount Pleasant, Iowa, consisting of Chapters 1 through 24 and including references to codes adopted by reference, a printed copy of which is attached hereto and incorporated herein by reference the same as if set out in full herein, is hereby adopted as the "City Code of Mount Pleasant, Iowa."

Section 2. All ordinances of the City of Mount Pleasant, Iowa, of a general and permanent nature, enacted on or before July 1, 1981, and not contained in said Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided.

Section 3. The repeal provided for in Section 2 hereof shall not affect any of the following:

(a)

Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of said Code;

(b)

Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness;

(c)

Any appropriation or budget ordinance;

(d)

Any ordinance establishing the compensation of any City officer or employee;

(e)

Any contract or obligation assumed by the City;

(f)

Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use;

(g)

Any ordinance dedicating, establishing, opening, reopening, naming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way;

(h)

Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way;

(i)

Any ordinance authorizing, directing or otherwise relating to any public improvements;

(j)

Any ordinance creating sewer districts or districts for public improvements of any kind or nature;

(k)

Any ordinance establishing or changing the limits of the city or pertaining to consolidations, annexation or exclusions;

(l)

Any ordinance levying general or special taxes or special assessments;

(m)

Any ordinance granting pensions for retired officers and employees;

(n)

Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation;

(o)

Any zoning ordinance; or amendment of the City's zoning map;

(p)

Any ordinance dealing with subdivisions not contained in such Code;

(q)

Any ordinance dealing with mobile homes or mobile home parks;

(r)

Any ordinance establishing rates and charges for, or fees for connection to any utility or sewer service not inconsistent with this Code;

(s)

Any ordinance setting building, electrical or plumbing permit fees;

(t)

Any ordinance setting rates and charges for the city cemeteries;

(u)

Any ordinance which, by its own terms, expires after a specified time, or on the prescribed date;

(v)

Any ordinance enacted on or after July 1, 1981.

The repeal provided for by Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a general nature.

Section 4. Each chapter, and any and all subdivisions of said Code hereby adopted, is independent of every other chapter and subdivision thereof, and the invalidity of any other chapter or subdivision thereof, shall not invalidate any other chapter or subdivision thereof.

Section 5. The Clerk shall attach to the official copy of the City Code hereby adopted and attached hereto, his official certificate showing such adoption and the effective date thereof, and shall retain the said copy and certificate on file in his office where copies of the same shall be subject to public inspection, and for sale at cost to the public.

Section 6. Any additions or amendments to this Code when passed as ordinances amending this Code and which indicate the intention of the Council to make the same a part hereof shall be deemed to be incorporated in this Code so that a reference to the City Code of Mount Pleasant, Iowa, shall be understood to include them.

Section 7. All printed copies of the Code shall be deposited with the Clerk. He shall deliver copies of the Code to all departments of the city administration as directed by the Mayor. The Clerk may sell printed copies of said Code at the cost established by the Council.

Section 8. Whenever in such City Code or in any ordinance of the city, or rule or regulation promulgated by an officer or agency thereof under the authority invested by law or ordinance, any act is prohibited or is made or declared to be an offense or a misdemeanor, or the doing of any act is required, or the failure to do any act is prohibited, declared to be unlawful, an offense or a misdemeanor, the violation of any such provisions of such Code, ordinance, rule or regulation is hereby declared to be a misdemeanor and shall be punished by a fine not exceeding one hundred dollars ($100.00) or by imprisonment not exceeding thirty (30) days, or both. Every day any violation of such Code or any such ordinance, rule or regulation shall continue shall constitute a separate offense. Such penalty shall be in addition to any revocation or suspension of a license or permit.

Section 9. All ordinances or parts of ordinances in conflict herewith are repealed.

Section 10. This ordinance consisting of sections 1 through 10, inclusive, adopting the proposed City Code of Ordinances of Mount Pleasant, Iowa, heretofore filed in the office of the Clerk of the City of Mount Pleasant, Iowa, consisting of Chapters 1 through 24, and including codes adopted by reference and all subdivisions of the same, the same being designated as the "City Code of Mount Pleasant, Iowa," is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "City Code of Mount Pleasant, Iowa," shall be in full force and effect from and after June 1, 1982.

Passed, approved and adopted, this 3rd day of March, 1982.

SEAL

/s/ Edward M. King
Mayor

ATTEST:

/s/ R. C. Challen
Clerk