[HISTORY: Adopted by the City Council of the City of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 1 of the 2000 Code]
[Amended 3-23-2023 by Ord. No. 23-02; 8-3-2023 by Ord. No. 23-18]
This code of ordinances shall be known and may be cited as the
"Marion Code of Ordinances."
A. Where words and phrases used in
this Code of Ordinances are defined in the Code of Iowa, such definitions
apply to their use in this Code of Ordinances, unless such construction
would be inconsistent with the manifest intent of the Council, or
repugnant to the context of the provision. Other words and phrases
used herein have the following meanings, unless specifically defined
otherwise in another portion of this Code of Ordinances or unless
such construction would be inconsistent with the manifest intent of
the Council or repugnant to the context of the provision:
ALLEY
A public right-of-way, other than a street, affording secondary
means of access to abutting property.
CITY
The City of Marion, Iowa.
CLERK
The City Clerk of Marion, Iowa.
CODE
The specific chapter of this Code of Ordinances in which
a specific subject is covered and bears a descriptive title word (such
as the Building Code and/or a standard code adopted by reference).
CODE OF ORDINANCES
The Code of Ordinances of the City of Marion, Iowa.
[Amended 3-23-2023 by Ord. No. 23-02]
COUNCIL
The City Council of Marion, Iowa.
MEASURE
An ordinance, amendment, resolution or motion.
OCCUPANT or TENANT
As applied to a building or land, includes any person who
occupies the whole or a part of such building or land, whether alone
or with others.
ORDINANCES
The ordinances of the City of Marion, Iowa, as embodied in
this Code of Ordinances, ordinances not repealed by the ordinance
adopting this Code of Ordinances and those enacted hereafter.
PUBLIC PLACE
Includes in its meaning, but is not restricted to, any City-owned
open place, such as parks and squares.
PUBLIC PROPERTY
Any and all property owned by the City or held in the name
of the City by any of the departments, commissions or agencies within
the City government.
PUBLIC WAY
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
SIDEWALK
That surfaced portion of the street between the edge of the
traveled way, surfacing or curbline and the adjacent property line,
intended for the use of pedestrians.
STREET or HIGHWAY
The entire width between property lines of every way or place
of whatever nature when any part thereof is open to the use of the
public, as a matter of right, for purposes of vehicular traffic.
B. Words that are not defined in this
Code of Ordinances or by the Code of Iowa have their ordinary meanings
unless such construction would be inconsistent with the manifest intent
of the Council, or repugnant to the context of the provision.
The City may, except as expressly limited by the Iowa Constitution,
and if not inconsistent with the laws of the Iowa General Assembly,
exercise any power and perform any function it deems appropriate to
protect and preserve the rights, privileges and property of the City
and of its residents, and preserve and improve the peace, safety,
health, welfare, comfort and convenience of its residents, and each
and every provision of this Code of Ordinances shall be deemed to
be in the exercise of the foregoing powers and the performance of
the foregoing functions.
The applicant for any permit or license under this Code of Ordinances,
by making such application, assumes and agrees to pay for all injury
to or death of any person or persons whomsoever, and all loss of or
damage to property whatsoever, including all costs and expenses incident
thereto, however arising from or related to, directly, indirectly
or remotely, the issuance of the permit or license, or the doing of
anything thereunder, or the failure of such applicant, or the agents,
employees or servants of such applicant, to abide by or comply with
any of the provisions of this Code of Ordinances or the terms and
conditions of such permit or license, and such applicant, by making
such application, forever agrees to indemnify the City and its officers,
agents and employees, and agrees to save them harmless from any and
all claims, demands, lawsuits or liability whatsoever for any loss,
damage, injury or death, including all costs and expenses incident
thereto, by reason of the foregoing. The provisions of this section
shall be deemed to be a part of any permit or license issued under
this Code of Ordinances or any other ordinance of the City, whether
expressly recited therein or not.
When action is brought against the City for personal injuries
alleged to have been caused by its negligence, the City may notify
in writing any person by whose negligence it claims the injury was
caused. The notice shall state the pendency of the action, the name
of the plaintiff, the name and location of the court where the action
is pending, a brief statement of the alleged facts from which the
cause arose, that the City believes that the person notified is liable
to it for any judgment rendered against the City, and asking the person
to appear and defend. A judgment obtained in the suit is conclusive
in any action by the City against any person so notified, as to the
existence of the defect or other cause of the injury or damage, as
to the liability of the City to the plaintiff in the first named action,
and as to the amount of the damage or injury. The City may maintain
an action against the person notified to recover the amount of the
judgment, together with all the expenses incurred by the City in the
suit.
[Ord. No. 09-17]
Unless another penalty is expressly provided by the Code of
Ordinances for any particular provision, section or chapter, any person
failing to perform a duty, or obtain a license required by, or violating
any provision of the Code of Ordinances, or any rule or regulation
adopted herein by reference, shall, upon conviction, be subject to
a fine and a term of imprisonment provided for a misdemeanor violation
under Iowa Code § 903.1, Subsection 1, Paragraph a.
All ordinances which amend, repeal or in any manner affect this
Code of Ordinances shall include proper reference to chapter, section,
subsection or paragraph to maintain an orderly codification of ordinances
of the City.
The catchlines of the several sections of the Code of Ordinances,
titles, headings (chapter, section and subsection), editor's notes,
cross references and state law references, unless set out in the body
of the section itself, contained in the Code of Ordinances do not
constitute any part of the law, and are intended merely to indicate,
explain, supplement or clarify the contents of a section.
It is unlawful for any unauthorized person to change or amend,
by additions or deletions, any part or portion of the Code of Ordinances,
or to insert or delete pages, or portions thereof, or to alter or
tamper with the Code of Ordinances in any manner whatsoever which
will cause the law of the City to be misrepresented thereby.
In the construction of this Code of Ordinances, the rules of
statutory construction as set forth in Chapter 4 of the Code of Iowa
shall be utilized to ascertain the intent of the Council with the
understanding that the term "statute" as used therein will be deemed
to be synonymous with the term "ordinance" when applied to this Code
of Ordinances.
If any section, provision or part of the Code of Ordinances
is adjudged invalid or unconstitutional, such adjudication will not
affect the validity of the Code of Ordinances as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
The municipal codification service shall, when preparing this
Code of Ordinances or any supplement thereto, have the same powers
and duties as are provided to the Code of Iowa editor in § 2B.13(1),
(2) and (3) of the Code of Iowa, and in addition shall change chapter
or section numbers when an ordinance adds a new section or chapter
to the Code of Ordinances using a section or chapter number that has
previously been used and which was not specifically repealed.
[Ord. No. 11-13; amended 3-23-2023 by Ord. No. 23-02]
The Chief of the Fire Department, Chief of the Police Department,
Building Inspection Director, City Attorney and City Manager shall
have full authority to apply for a municipal administrative search
warrant and/or to issue a subpoena duces tecum incident to any investigation
of a suspected violation of the Code of Ordinances. If consent to
enter upon or inspect any building, structure or property pursuant
to a municipal ordinance is withheld by any person having the lawful
right to exclude, or if the production of documents and papers is
refused, the City officer or employee having the duty to enter upon
or conduct the inspection or needing the production of said documents
and papers may, with the assistance of the City Attorney, apply to
the Iowa District Court in and for Linn County, pursuant to § 808.14
of the Code of Iowa, for an administrative search warrant or subpoena
duces tecum. No owner, operator or occupant or any other person having
charge, care or control of any dwelling unit, rooming unit, structure,
building or premises shall fail or neglect, after presentation of
a search warrant, to permit entry therein by the municipal officer
or employee or refuse to respond to a subpoena duces tecum.
Whenever this Code of Ordinances grants any discretionary power
to the Council or any commission, board or officer or employee of
the City and does not specify standards to govern the exercise of
the power, the power shall be exercised in light of the following
standard: The discretionary power to grant, deny or revoke any matter
shall be considered in light of the facts and circumstances then existing
and as may be reasonably foreseeable, and due consideration shall
be given to the impact upon the public health, safety and welfare,
and the decision shall be that of a reasonably prudent person under
similar circumstances in the exercise of the police power.
Whenever an officer or employee is required or authorized to
do an act by a provision of this Code of Ordinances, the provision
shall be construed as authorizing performance by a regular assistant,
subordinate or a duly authorized designee of said officer or employee.
[Ord. No. 10-06]
The City Council by resolution may establish a temporary moratorium on the enforcement of any provision of this Code of Ordinances where it finds that enforcement of said provision will hinder reaction to or recovery from any natural or man-made disaster or emergency situation located in the City or the metropolitan area and that a moratorium is in the best interests of the public health, safety and welfare. The resolution establishing a temporary moratorium may establish such conditions and restrictions as the City Council deems appropriate in the circumstances then existing. The City Council may also enact temporary ordinances that are not a part of the permanent Code of Ordinances and enforce the temporary ordinances as provided in either §
1-6 or Chapter
55, Article
I, of this Code of Ordinances. The establishment of a temporary moratorium shall not create any property interest or right in any person or entity benefiting from the moratorium, and a moratorium may be terminated by the City Council at such time as it deems expedient without prior notice.
[Adopted 3-23-2023 by Ord. No. 23-02]
In accordance with Iowa Code § 380.8, the Code of Ordinances of the City of Marion, as codified and consisting of Chapters
1 through
360, together with an Appendix, is hereby approved, adopted and enacted as the 2023 Code of Ordinances of the City of Marion. The provisions of the 2023 Code of Ordinances, insofar as they are substantively the same as those of the prior 2000 Code of Ordinances and other amendatory ordinances in force immediately prior to the enactment of the 2023 Code of Ordinances by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code of Ordinances adopted hereby shall supersede and replace the 2000 Code of Ordinances of the City of Marion, as amended and supplemented.
A. A copy of
the Code of Ordinances has been filed in the office of the City Clerk
and shall remain there for use and examination by the public until
final action is taken on this ordinance.
B. Additions
or amendments to the Code of Ordinances, when adopted in such form
as to indicate the intent of the City Council to make them a part
thereof, shall be deemed to be incorporated into such Code of Ordinances
so that reference to the "Code of Ordinances of the City of Marion"
shall be understood and intended to include such additions and amendments.
Nothing contained in this ordinance shall affect the status of any
ordinance contained in the Code of Ordinances, and such ordinances
may be amended, deleted or changed from time to time as the City Council
deems desirable.
All ordinances of a general and permanent nature, or parts of
such ordinances, inconsistent with the provisions contained in the
Code of Ordinances adopted by this ordinance are hereby repealed;
provided, however, that such repeal shall only be to the extent of
such inconsistency, and any valid legislation of the City of Marion
which is not in conflict with the provisions of the Code of Ordinances
shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in §
1-19 shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any right
or liability established, accrued or incurred under any legislative
provision of the City of Marion prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B. Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the City of Marion or
any penalty, punishment or forfeiture which may result therefrom.
C. Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance brought pursuant
to any legislative provision of the City of Marion.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Marion.
E. Any ordinance
of the City of Marion providing for the laying out, opening, altering,
widening, relocating, straightening, establishing grade, changing
name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place within the City
of Marion or any portion thereof.
F. Any ordinance
of the City of Marion appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the City of Marion or other instruments or
evidence of the City's indebtedness.
G. Ordinances
authorizing the purchase, sale, lease or transfer of property, or
any lawful contract, agreement or obligation.
H. The levy
or imposition of special assessments or charges.
I. The annexation
or dedication of property.
J. Any ordinance
relating to salaries and compensation.
K. Any ordinance
amending the Zoning Map.
L. Any ordinance
relating to or establishing a pension plan or pension fund for City
employees.
M. Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the City.
N. Any ordinance
adopted subsequent to November 3, 2022.
A. In compiling
and preparing the ordinances for publication as the 2023 Code of Ordinances
of the City of Marion, certain grammatical changes and other minor
nonsubstantive changes were made in one or more chapters of said Code
of Ordinances. It is the intention of the City Council that all such
changes be adopted as part of the Code of Ordinances as if the chapters
had been previously formally amended to read as such.
B. In addition,
the amendments and/or additions as set forth in Schedule A, attached
hereto and made a part hereof, are made herewith, to become effective
upon the effective date of this ordinance. (Chapter and section number
references are to the ordinances as they have been renumbered and
appear in the 2023 Code of Ordinances.)