364.3 - LIMITATION OF POWERS.

        364.3  LIMITATION OF POWERS.         The following are limitations upon the powers of a city:         1.  A city council shall exercise a power only by the passage of a      motion, a resolution, an amendment, or an ordinance.         2.  For a violation of an ordinance a city shall not provide a      penalty in excess of the maximum fine and term of imprisonment for a      simple misdemeanor under section 903.1, subsection 1, paragraph      "a".  An amount equal to ten percent of all fines collected by      cities shall be deposited in the account established in section      602.8108.  However, one hundred percent of all fines collected by a      city pursuant to section 321.236, subsection 1, shall be retained by      the city.  The criminal penalty surcharge required by section 911.1      shall be added to a city fine and is not a part of the city's      penalty.         3.  A city may not set standards and requirements which are lower      or less stringent than those imposed by state law, but may set      standards and requirements which are higher or more stringent than      those imposed by state law, unless a state law provides otherwise.         4.  A city may not levy a tax unless specifically authorized by a      state law.         5.  A city shall not adopt or enforce any ordinance imposing any      registration or licensing system or registration or license fees for      or relating to owner-occupied manufactured or mobile homes including      the lots, lands, or manufactured home community or mobile home park      upon or in which they are located.  A city shall not adopt or enforce      any ordinance imposing any registration or licensing system, or      registration or license fees, or safety or sanitary standards for      rental manufactured or mobile homes unless a similar registration or      licensing system, or registration or license fees, or safety or      sanitary standards are required for other rental properties intended      for human habitation.  This subsection does not preclude the      investigation and abatement of a nuisance or the enforcement of a      tiedown system, or the enforcement of any regulations of the state or      local board of health if those regulations apply to other rental      properties or to owner-occupied housing intended for human      habitation.         6.  A city shall not provide a civil penalty in excess of seven      hundred fifty dollars for the violation of an ordinance which is      classified as a municipal infraction or if the infraction is a repeat      offense, a civil penalty not to exceed one thousand dollars for each      repeat offense.  A municipal infraction is not punishable by      imprisonment.         7.  A city which operates a cable communications system shall      manage the right-of-way on a competitively neutral and      nondiscriminatory basis.  Additionally, a city-operated cable      communications system shall be required to pay the same fees and      charges and comply with other requirements as may be imposed by the      city by ordinance or by the terms of a franchise granted by the city,      or as may otherwise be imposed by the city, upon any other cable      provider.  This subsection does not prohibit a city from making an      equitable apportionment of franchise requirements between or among      cable television providers, in order to eliminate duplication.  This      subsection shall not be construed to prohibit a city-operated cable      communications system from making transfers of surplus as otherwise      allowed or from making in-kind contributions as otherwise allowed.         8. a.  A city may adopt and enforce an ordinance requiring the      construction of a storm shelter at a manufactured home community or      mobile home park which is constructed after July 1, 1999.  In lieu of      requiring construction of a storm shelter, a city may require a      community or park owner to provide a plan for the evacuation of      community or park residents to a safe place of shelter in times of      severe weather including tornadoes and high winds if the city      determines that a safe place of shelter is available within a      reasonable distance of the manufactured home community or mobile home      park for use by community or park residents.  Each evacuation plan      prepared pursuant to this subsection shall be filed with, and      approved by, the local emergency management agency.  If construction      of a storm shelter is required, an ordinance adopted or enforced      pursuant to this subsection shall not include any of the following      requirements:         (1)  That the size of the storm shelter be larger than the      equivalent of seven square feet for each manufactured or mobile home      space in the manufactured home community or mobile home park.         (2)  That the storm shelter include a restroom if the shelter is      used exclusively as a storm shelter.         (3)  That the storm shelter exceed the construction specifications      approved by a licensed professional engineer and presented by the      owner of the manufactured home community or mobile home park.         (4)  That the shelter be located any closer than one thousand      three hundred twenty feet from any manufactured or mobile home in the      community.  However, this restriction shall not prohibit the adoption      or enforcement of an ordinance that requires a minimum of one shelter      to be located in a manufactured home community or mobile home park.         b.  For the purposes of this subsection:         (1)  "Manufactured home community" means the same as      land-leased community defined in sections 335.30A and 414.28A.         (2)  "Mobile home park" means a mobile home park as defined in      section 562B.7.         (3)  "Storm shelter" means a single structure or multiple      structures designed to provide persons with temporary protection from      a storm.         9.  A city shall not adopt or enforce any ordinance imposing any      limitation on the amount of rent that can be charged for leasing      private residential or commercial property.  This subsection does not      prevent the right of a city to manage and control residential      property in which the city has a property interest.         10.  A city which operates a utility that furnishes gas or      electricity shall manage the right-of-way on a competitively neutral      and nondiscriminatory basis.  Such city utility shall be required to      pay the fees and charges computed in the same manner as those fees      and charges which are imposed by the city upon any other provider of      a similar service within the corporate boundaries of the city.  Such      city utility shall also comply with the terms of the franchise      granted by the city to the provider of a similar service.  This      subsection shall not be construed to prohibit the city utility from      making transfers of surplus as otherwise allowed or from making      in-kind contributions as otherwise allowed.  However, a city shall      not require that transfers from the city utility be in excess of the      franchise fee amount imposed upon the provider of a similar service      unless otherwise agreed.  
         Section History: Early Form
         [R60, § 1071--1073, 1095; C73, § 482, 524; C97, § 668, 680, 947;      S13, § 668; C24, 27, 31, 35, 39, § 5663, 5714, 6720; C46, 50, §      363.36, 366.1, 420.31; C54, 58, 62, § 366.1, 368A.1(10), 420.31; C66,      71, 73, § 366.1, 368.2, 368A.1(10), 420.31; C75, 77, 79, 81, § 364.3]      
         Section History: Recent Form
         83 Acts, ch 123, § 171, 209; 84 Acts, ch 1219, § 31; 85 Acts, ch      195, § 44; 86 Acts, ch 1202, § 1; 86 Acts, ch 1245, § 1118; 94 Acts,      ch 1074, §4; 98 Acts, ch 1144, §3; 99 Acts, ch 33, §1; 99 Acts, ch      153, §9; 99 Acts, ch 186, §2; 2000 Acts, ch 1083, §2; 2000 Acts, ch      1203, §20; 2001 Acts, ch 153, §10; 2003 Acts, ch 178, §23; 2004 Acts,      ch 1111, §2; 2008 Acts, ch 1191, § 61; 2009 Acts, ch 21, §5; 2009      Acts, ch 179, §229, 231         Referred to in § 331.427, 364.22, 388.10, 455B.192