HomeMy Public PortalAboutOrdinances_358__11/30/2023 (2) CODE OF ORDINANCES
OF THE
CITY OF MARCUS, IOWA
Adopted July 10,2023, by Ordinance No.358
SUPPLEMENT RECORD
SUPPLEMENT ORDINANCES AMENDING CODE
Supp.No. Repeals,Amends or Adds Ord.No. Date Subject
Nov-23 Ch. 126 359 11-13-23 Mobile Food Units
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TABLE OF CONTENTS
TRAFFIC AND VEHICLES (continued)
CHAPTER 68-ONE-WAY TRAFFIC 533
CHAPTER 69-PARKING REGULATIONS 539
CHAPTER 70-TRAFFIC(CODE ENFORCEMENT PROCEDURES 549
CHAPTER 75-ATVS,UTVS,AND SNOWMOBILES 591
CHAPTER 76-BICYCLE REGULATIONS 599
CHAPTER 78-GOLF CARTS 617
CHAPTER 80-ABANDONED VEHICLES 635
CHAPTER 81-RAILROAD REGULATIONS 643
WATER
CHAPTER 90-WATER SERVICE SYSTEM 717
CHAPTER 91-WATER I ETERS 725
CHAPTER 92-WATER RATES 731
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SANITARY SEWER
CHAPTER 95-SANITARY SEWER SYSTEM 759
CHAPTER 96-BUILDING SEWERS AND CONNECTIONS 769
CHAPTER 97-USE OF PI BLIC SEWERS 777
CHAPTER 98-ON-SITE WASTEWATER SYSTEMS 785
CHAPTER 99-SEWER SERVICE CHARGES 791
GARBAGE AND SOLID WASTE
CHAPTER 105-SOLID WASTE CONTROL 841
CHAPTER 106-COLLECTION OF SOLID WASTE 851
FRANCHISES AND OTHER SERVICES
O CHAPTER 110-NATURAL GAS FRANCHISE 885
CHAPTER 111-ELECTRIC FRANCHISE 893
CODE OF ORDINANCES,MARCUS,IOWA
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TABLE OF CONTENTS
REGULATION OF BUSINESS AND VOCATIONS 0
CHAPTER 120-LIQUOR LICENSES AND WINE AND BEER PERMITS 971
CHAPTER 121-CIGARETTE AND TOBACCO PERMITS 979
CHAPTER 122-PEDDLERS,SOLICITORS,AND TRANSIENT MERCHANTS 987
CHAPTER 123-HOUSE MOVERS 995
CHAPTER 124-HOTEL AND MOTEL TAX 1001
CHAPTER 126-MOBILE FOOD UNITS 1009
STREETS AND SIDEWALKS
CHAPTER 135-STREET USE AND MAINTENANCE 1091
CHAPTER 136-SIDEWALK REGULATIONS 1095
CHAPTER 137-VACATION AND DISPOSAL OF STREETS 1105
CHAPTER 138-STREET GRADES 1111
CHAPTER 139-NAMING OF STREETS 1117
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BUILDING AND PROPERTY REGULATIONS
CHAPTER 145-DANGEROUS BUILDINGS 1167
CHAPTER 146-MANUFACTURED AND MOBILE HOMES 1175
CHAPTER 147-PROPERTY MAINTENANCE CODE 1181
CHAPTER 150-BUILDING NUMBERING 1207
CHAPTER 151-TREES 1213
CHAPTER 152-RESTRICTION ON PROPANE TANKS 1219
ZONING AND SUBDIVISION
CHAPTER 165-ZONING REGULATIONS 1325
CHAPTER 170-SUBDIVISION REGULATIONS 1419
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CODE OF ORDINANCES,MARCUS,IOWA
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REGULATION OF BUSINESS AND VOCATIONS
TABLE OF CONTENTS
CHAPTER 120-LIQUOR LICENSES AND WINE AND BEER PERMITS 971
CHAPTER 121-CIGARETTE AND TOBACCO PERMITS 979
CHAPTER 122-PEDDLERS,SOLICITORS,AND TRANSIENT MERCHANTS 987
CHAPTER 123-HOUSE MOVERS 995
CHAPTER 124-HOTEL AND MOTEL TAX 1001
CHAPTER 126-MOBILE FOOD UNITS 1009
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O CHAPTER 124
HOTEL AND MOTEL TAX
124.01 Definitions 124.04 Collection
124.02 Tax Imposed 124.05 Use of Revenues
124.03 Tax Exemptions
124.01 DEFINITIONS. For purposes of this chapter the following terms are defined.
1. "Lodging"means rooms,apartments,or sleeping quarters in a hotel,motel,inn,
public lodging house, rooming house, or manufactured or mobile home, which is
tangible personal property, or in a tourist court, or in any place where sleeping
accommodations are furnished to transient guests for rent, whether with or without
meals. Lodging does not include rooms that are not used for sleeping accommodations.
2. "Renting"or`rent"means a transfer of possession or control of lodging for a
fixed or indeterminate term for consideration and includes any kind of direct or indirect
charge for such lodging or its use.
3. "Sales price" means the consideration for renting of lodging and means the
same as the term is defmed in Section 423.1 of the Code of Iowa.
All other words and phrases used in this chapter and defmed in Section 423.1 of the Code of
O Iowa have the meaning given them by Section 423.1 for the purposes of this chapter.
(Code of Iowa, Sec. 423A.2)
124.02 TAX IMPOSED. There is hereby imposed a five percent local hotel and motel tax
upon the sales price from the renting of lodging within the City. The tax is effective January
12,2012. As such as required by law,the abstract of votes approving the measure were sent to
the County Auditor on November 15,2011,and adopted by the Council on December 28,2011.
(Code of Iowa, Sec. 423A.4)
124.03 TAX EXEMPTIONS. All of the following are exempted from the provisions of this
chapter and from the computation of any amount of tax imposed by Section 124.02:
1. The sales price from the renting of lodging to a person where the lodging is
rented by the same person for a period of more than 31 consecutive days, except as
provided in Subsection 2 of this section.
2. The sales price from the renting of lodging to a person where the lodging is
rented by the same person for the period beginning after 90 consecutive days of rental
by such person, if the rental is a room,apartment, or sleeping quarter in a hotel,motel,
inn, public lodging house, or rooming house, or in any place where sleeping
accommodations are furnished to a transient guest.
3. The sales price of lodging furnished to the guests of a religious institution if the
property is exempt under Section 427.1[8] of the Code of Iowa, and the purpose of
renting is to provide a place for a religious retreat or function and not a place for
transient guests generally.
O 4. The sales price from the renting of sleeping rooms in dormitories and in
memorial unions at all universities and colleges located in the City.
CODE OF ORDINANCES,MARCUS,IOWA
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CHAPTER 124 HOTEL AND MOTEL TAX
5. The sales price of lodging furnished to the guests of a nonprofit lodging
provider and the purpose of renting is to provide a place for the friends and family of a O
hospital patient during a time of medical need of the patient and the length of stay is
based upon the needs of the friends,family,or patient. For purposes of this subsection,
"nonprofit lodging provider"means a nonprofit entity which is exempt from federal
income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code that
maintains an established facility that provides lodging to friends and family of a hospital
patient during a time of medical need of the patient.
(Code of Iowa, Sec. 423A.5)
124.04 COLLECTION. The tax imposed in this chapter shall be remitted by the person or
company liable for same to the State Director of Revenue in the manner required by State law.
(Code of Iowa, Sec. 423A.6)
124.05 USE OF REVENUES. All revenue received by the City from the imposition of the
hotel and motel tax shall be deposited in the General Fund of the City and shall be used as
follows:
1. At least 50 percent of the revenue derived from the hotel and motel tax shall be
spent for the acquisition of sites for, or constructing, improving, enlarging, equipping,
repairing,operating,or maintaining of recreation,convention,cultural,or entertainment
facilities including but not limited to memorial buildings, halls and monuments, civic
center convention buildings, auditoriums, coliseums, and parking areas or facilities
located at those recreation, convention, cultural, or entertainment facilities or the
payment of principal and interest,when due,on bonds or other evidence of indebtedness
issued by the City for those recreation,convention,cultural,or entertainment facilities;
or for the promotion and encouragement of tourist and convention business in the City O
and surrounding areas.
2. The remaining revenues may be spent by the City for any City operation
authorized by law as a proper purpose for the expenditure within statutory limitations
of City revenue derived from ad valorem taxes.
(Code of Iowa, Sec. 423A.7)
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CODE OF ORDINANCES,MARCUS,IOWA
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0 CHAPTER 126
MOBILE FOOD UNITS
126.01 Definitions 126.05 Performance Standards
126.02 Permit Required 126.06 Permit Fees
126.03 Permit Application 126.07 Suspension or Revocation Permit
126.04 Locations
126.01 DEFINITIONS. "Mobile food vendor"means a person engaged in the business of
selling food or beverages from a mobile food self-contained motorized vehicle, trailer, or
pushcart.
126.02 PERMIT REQUIRED. It shall be unlawful for any person to engage in the sale of
food or beverages to the public from a temporary or mobile facility on public property within
the corporate limits of the City without first obtaining a Mobile Food Unit Permit from the City,
in addition to any other State or federal permits, certifications and licenses. A Mobile Food
Unit Permit by the City shall be subject to the following:
1. A Mobile Food Unit Permit may be an annual permit that expires on December
31 of each year or a single use permit.
2. Each mobile food unit shall be permitted separately. No permit transfer
between units is allowed.
3. Permits are location specific. Multiple locations will require additional
permits.
4. Each mobile food unit shall comply with State of Iowa requirements for health
inspections, licensing, safety, and Fire Code requirements and display its licensing in
full view of the public in or on the unit.
5. The following shall be exempt from this requirement:
A. For community events, the City Clerk may issue a license to the
organization hosting the event to allow mobile vendors authorized by the
hosting organization to operate without an individual mobile vendor license for
a limited number of days,not to exceed the number of days of the event being
hosted.
B. Catering businesses.
C. Grilling and food preparation activities of brick-and-mortar
establishments on the establishment's premises for immediate consumption by
patrons or employees.
D. Concession stands associated with sports or recreational venues that
have been approved as part of the site plan or permitted Conditional Use Permit
for the venue.
126.03 PERMIT APPLICATION.
1. Filing. Application requests shall be filed with the City Clerk. No application
request shall be accepted for filing and processing unless it conforms to the
CODE OF ORDINANCES,MARCUS,IOWA
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CHAPTER 126 MOBILE FOOD UNITS
requirements of this chapter. This would include a complete and true application,all of
the required materials and information prescribed, and is accompanied by the required O
fees.
2. Timely Submittal. Unless otherwise provided herein, applications must be
submitted not less than 10 calendar days prior to the proposed start date of the mobile
food unit activities. The City reserves the right to reject any application that has not
been timely submitted to the City.
3. Application Contents. Application shall be made on a form provided by the
City and shall include:
A. Full name of the applicant.
B. Applicant's contact information including mailing address, phone
numbers and e-mail address.
C. State health inspection certificate with the classification level of the
State license.
D. Photographs of the mobile food unit from the front, side and.back.
E. Make, model and year of vehicle to be used and the license plate
number.
4. Right to Appeal. Any applicant whose application for a permit was
disapproved may appeal to the Council at its next regularly scheduled meeting by filing
with the Clerk a written request for an appeal to the Council at least seven days prior to
the meeting. As a result of this appeal,the Council may affirm,modify, or reverse the
decision of the City Clerk not to issue the permit. If the application for a permit is O
denied,the applicant is not eligible for the issuance of a permit under this chapter for a
period of one year from the date of notification that the permit application was
disapproved,was served in person or deposited in U.S.Mail.
5. Application Deemed Withdrawn. Any application received shall be deemed
withdrawn if it has been held in abeyance,awaiting the submittal of additional requested
information from the applicant, and if the applicant has not communicated in writing
with the City and made reasonable progress within 30 days from the last notification
from the City to the applicant. The application fee is nonrefundable. Any application
deemed withdrawn shall require submission of a new application and fees to begin a
new review and approval process.
6. Issuance of Permit. Upon completion of the review process and a determination
of compliance with the applicable regulations,the City Clerk may issue a Mobile Food
Unit Permit.
126.04 LOCATIONS. A mobile food unit may be parked on public property or street as
approved in the permit application or as part of a City approved event. Mobile units are
prohibited from parking within 150 feet of the main entrance of an establishment that sells
prepared food. This only applies from one hour before the establishment's opening to one hour
after closing,without approval from the food establishment owner.
126.05 PERFORMANCE STANDARDS. Persons conducting business from a mobile
food unit must do so in compliance with the following standards:
1. The mobile food vendor must obtain a Mobile Food Unit Permit from the City O
if on public property. The permit must be kept in full view of the public in or on the
CODE OF ORDINANCES,MARCUS,IOWA
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CHAPTER 126 MOBILE FOOD UNITS
unit. Written consent does not excuse or permit the violation of any other imposable
Oregulations.
2. Mobile food units that are within 150 feet of a residential use or residentially
zoned property,shall be limited to hours of operation between 7:00 a.m.and 10:00 p.m.
3. Mobile food units shall serve patrons which are on foot only; no drive-up
service to the unit itself shall be provided or allowed.
4. All mobile food units shall maintain a minimum separation from buildings of
10 feet as measured to the closest building element including awnings or canopies,tents,
or membrane structures. Location of the mobile food unit shall not impede pedestrians
entering or exiting a building.
5. The window or area where a patron orders and receives their purchase shall be
located so as not to require a patron to stand or create a line that may cause pedestrians
to be in the public right-of-way,vehicle travel lane, including parking lot drive aisles,
or similar situation that may create a potential safety hazard. Adequate space for
patrons waiting for their order must be available on the property where the mobile food
unit is located.
6. Signs are limited to those that are attached to the exterior of the mobile unit and
must be mounted flat against the unit and not project more than 6 inches from the
exterior of the unit. No freestanding signs,banners,flags,or similar items are allowed.
Off premises signs directing patrons to the mobile food unit are prohibited.
7. During business hours,the mobile food vendor shall provide a trash receptacle
for use by customers and shall keep the area around the mobile food unit clear of litter
0 and debris at all times.
S. All mobile food units shall be located in such a manner as to not create a safety
hazard,such as blocking emergency access to buildings and the site,obstructing access
to fire hydrants, impeding entering and exiting from a building, creating a visual
impediment for the motoring public at drive entrances, intersections, pedestrian
crossings,or similar movement and access.
126.06 PERMIT FEES. At the time of the submittal of a permit application,the applicant
shall pay to the City the applicable permit fee. The fee schedule will be set by resolution and
may be modified from time to time with approval by resolution of the Council.
126.07 SUSPENSION OR REVOCATION PERMIT. Any permit issued under the
provisions of this chapter may be suspended or revoked by the City as follows:
1. Grounds. The permit may be suspended or revoked if it is found that;
A. The permit holder has made fraudulent statements in his/her
application for the permit or in the conduct of his/her business.
B. The permit holder has violated this chapter or any other chapter of this
Code or has otherwise conducted his/her business in an unlawful manner.
C. The permit holder has conducted his/her business in such a manner as
to endanger the public welfare,safety,order,or morals.
D. The City has received and investigated three or more found complaints
O during the permitted period related to the manner in which the permit holder is
conducting business.
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CODE OF ORDINANCES,MARCUS,IOWA
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CHAPTER 126 MOBILE FOOD UNITS
2. Notice of Suspension or Renovation; Right of Appeal. The City shall cause
notice of the permit revocation to be served in person by a City official or by mail to O
the permit holder's local address, which notice shall specify the reason(s) for such
action, at which time operations of the permit holder must cease within the corporate
limits of the City. The permit holder may appeal the revocation of the permit to the
Council at its next regularly scheduled meeting by filing with the Clerk a written request
for an appeal to the Council at least seven days prior to the meeting. The Council may
affirm,modify, or reverse the decision to revoke the permit. If the permit is revoked,
no refund of any permit fee paid shall be made. Upon the revocation of a permit, the
permit holder is not eligible for the issuance of a new permit under this chapter for a
period of one year from the date the permit revocation is served in person or deposited
in the U.S.Mail.
(Chapter 126—Ord 359—Nov.23 Sapp.)
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CODE OF ORDINANCES,MARCUS,IOWA
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INDEX CODE OF ORDINANCES
CHAPTER OR SECTION
NUMBER
HARASSMENT
Of Other Persons 40.02
Of Public Officers and Employees 41.05
HAZARDOUS SUBSTANCE SPILLS 36
HAZARDOUS WASTE 105.08
See also Prohibited and Restricted Discharges to Sewer System 97.03 and 97.04
HITCHHIKING 67.02
HOTEL AND MOTEL TAX 124
HOUSE MOVERS 123
HOUSE NUMBERS 150
HOUSES OF ILL FAME 50.02(12)
IMPOUNDING
Animals 55.13
Vehicles 70.06 and 80.02
INDEMNITY AGREEMENT,PERMITS,AND LICENSES 1.04
INSURANCE REQUIREMENTS ,
Firefighters 35
Fireworks 41.14
House Movers 123.05
Street Excavations 135.09
INTERFERENCE WITH OFFICIAL ACTS 41.06
INVESTMENTS AND DEPOSITS 7.03(2)
JUNK AND JUNK VEHICLES 51
See also Storing of Flammable Junk 50.02(7)
LEGAL OPINIONS 20.06
LIBRARY 22
LICENSES
Drivers 62.01
Liquor 120
Peddlers, Solicitors,and Transient Merchants 122
See also Issuance of Licenses and Permits 18.10
See also PERMITS
LIQUOR LICENSES AND WINE AND BEER PERMITS - 120
LITTERING
Debris on Sidewalks 136.18
Park Regulations 47.04
Placing Debris on Streets 135.03
Solid Waste Control 105.07
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CODE OF ORDINANCES,MARCUS,IOWA
INDEX-7
INDEX CODE OF ORDINANCES
CHAPTER OR SECTION
NUMBER O
LIVESTOCK 55.03 and 55.05
LOAD AND WEIGHT RESTRICTIONS,VEHICLES 66
MANUFACTURED AND MOBILE HOMES 146
MAYOR
Appointments 15.03
Compensation 15.04
Powers and Duties 15.02
Term of Office 15.01
Voting 15.05
See also CITY OFFICERS AND EMPLOYEES
MAYOR PRO TEM 16
MEETINGS
Council Meetings 17.04
Procedures for Notice and Conduct of 5.06
Publication of Minutes of Council Meetings 18.03
METERS,WATER 91
MINORS 46
See also:
Amusement Devices 120.06
Businesses Operated By 122.17(7) O
Employment for Serving of Alcohol 120.05(4)
Persons Under Legal Age(Alcohol) 45.01
MOBILE FOOD UNITS 126
MOBILE HOMES 146
MUNICIPAL INFRACTIONS 3
See also MUNICIPAL INFRACTION ABATEMENT PROCEDURE 50.07
NAMING OF STREETS 139
NATURAL GAS FRANCHISE 110
NOISE
Annoyance or Disturbance(Barking Dogs) 55.08
Disorderly Conduct 40.03(2)
Quiet Zones 62.05
NOMINATIONS FOR ELECTIVE OFFICES 6
NUISANCE ABATEMENT PROCEDURE 50
NUMBERING OF BUILDINGS 150
OATH OF OFFICE 5.01
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CODE OF ORDINANCES,MARCUS,IOWA
INDEX-8
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INDEX CODE OF ORDINANCES
CHAPTER OR SECTION
NUMBER
OFFENSIVE SMELLS AND SUBSTANCES 50.02(1)and(2)
See also Restricted Discharges to Sanitary Sewer System 97.04
OFF-ROAD MOTORCYCLES AND UTILITY VEHICLES 75
ONE-WAY TRAFFIC 68
ON-SITE WASTEWATER SYSTEMS 98
OPEN BURNING 105.05
OPEN CONTAINERS IN MOTOR VEHICLES 62.01(50)and(51)
OPEN MEETINGS 5.06
OPERATING PROCEDURES 5
PARADES REGULATED 60.08
PARK REGULATIONS 47
See also Parks,Cemeteries and Parking Lots(Speed Limits) 63.03
PARKING REGULATIONS
All Night Parking Prohibited 69.09
Angle Parking 69.03 and 69.04
Illegal Purposes 69.05
No Parking Zones 69.08
Park Adjacent to Curb 69.01 and 69.02
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Parking of Bicycles 76.11
Parking Prohibited 69.06
Parking Violations 70.03 and 70.04
Persons With Disabilities Parking 69.07
Snow Removal 69.12
Snow Routes 69.13
Truck Parking Limited 69.10
PEACE OFFICERS
Failure to Assist 41.04
Interference with 41.06
Obedience to 60.07
Powers and Authority under Traffic Code 60
Qualifications 30.03
Removal of an Officer's Communication or Control Device 41.07
Training 30.04
See also POLICE DEPARTMENT 30
PEDDLERS,SOLICITORS,AND TRANSIENT MERCHANTS 122
PEDESTRIANS 67
See also:
Crosswalks 61.02
State Code Traffic Regulations 62.01
Yield to Pedestrians in Crosswalks 65.07
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CODE OF ORDINANCES,MARCUS,IOWA
INDEX-9
INDEX CODE OF ORDINANCES
CHAPTER OR SECTION
NUMBER O
PENALTIES
Abatement of Violation of Sewer Connection Requirements 96.10
Additional Penalties-Cigarette and Tobacco Permits 121.07
Curfew Violations 46.01(6)
Municipal Infractions 3
Special Penalties(Sanitary Sewer Regulations) 95.09
Special Penalty(Bicycle Regulations) 76.13
Standard Penalty for Violation of Code of Ordinances 1.14
Traffic Code Violations 70
PERMITS
Beer and Wine 120
Building 165.17
Cigarette and Tobacco 121.02
Fireworks 41.14
Golf Carts 78
House Mover 123.02
Mobile Food Units 126
On-Site Wastewater System 98.04
Persons with Disabilities Parking 69.07
Sewer Connection 96.01
Sidewalks 136.08
Street Excavation 135.09(1)
Vehicles,Excess Size and Weight 66.02
Vending Machines and Sales Stands on Sidewalks 136.19 and 136.20
Water System Connection 90.05
See also Issuance of Licenses and Permits 18.10
See also LICENSES
PERSONAL INJURIES 1.05
PET AWARDS PROHIBITED 55.16
PETTY CASH FUND 7.03(3)
PLANNING AND ZONING COMMISSION 23
PLAY STREETS 62.02
See also Playing in Streets 135.04
POLICE DEPARTMENT 30
POLLUTION
Air Pollution 50.02(8)
Environmental Violations 3.02
Hazardous Substance Spills 36
Incinerators Required 105.10
Open Burning Restricted 105.05
Prohibited Discharges to Public Sewer 97.03
Restricted Discharges to Sewer System 97.04
Toxic and Hazardous Wastes 105.08 O
Water Pollution 50.02(4)
CODE OF ORDINANCES,MARCUS,IOWA
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