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HomeMy WebLinkAbout1992-08-04 Ordinance ~, 3d- .- - ~ . ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 36, ENTITLED 'ZONING ORDINANCE' OF THE CODE OF ORDINANCES OF IOWA CllY, IOWA, TO PERMIT DRY GRAIN MilLING AND PROCESSING AS A PROVISIONAL USE WITHIN THE 1.1, GENERAL INDUSTRIAL ZONE. WHEREAS, the 1-1, General Industrial Zone Is Inlended to provide areas zoned for the development of most types of Industries; and WHERI;AS, grain milling and processing Is currently excluded from p~mltled uses In the 1.1 zone; end WHE EAS, provided thai regulations regarding the control and aba ement of dust and emissions ere met, dl)l grain milling and proc sslng can be compatible wllh other uses allowed In the 1.1 zo ; and WHEREA~provlded thai regulations regarding the control and abatem t of dust and emissions are met, the Impact of dl)l grain milling a d processing, n any, on surrounding land use should be no 9 eater than other Industries currenlly permitled n the 1.1 zone, / NOW, THERE ORE, BE IT ORDAINED BY THE CllY COUNCil OF TH CllY OF IOWA CllY, IOWA: / SECTION I. AMEN MENTS, / 1. Section 36-27(b) ) of the Code of ord~ances shall be amended by dele ng seld sectlon/n Inse~lng In lieu thereof the followln Section 36.27(b)(5), ermltled use~ (5) Manufacture, pr cesslng apd packaging of food and kindred products [exce stociIYards end slaughter houses, and grain milling end roclisslng not regulated as a , provisional use under Se '36.27(c)(3)), r. 2, Section 36,27 of the Cod of Ordinances Is amended by eddlng the following n6w su section (C)(3): (3) Manufactur~,processln end packaging of consumer food producls IJnlch require ~In milling and processing and which a If classified und r the following Induslrlal claSSlflCatlOJl~ Flour and Olher aln Mill Products (2041), Cereal B~akfast Food (2043), and epared Flour Mixes and Doughy(2045) Standard Induslrlal Classification Manual SupeJlnlendent of Documents, U,S, Government Printing Ofl ee), These uses are permitted prov)qed: a, All manufacturing, process)ng, storing, and packeglng be conducled wllhln completely enclosed buildings, \, b, All transferring of raw materials and finished products between modes of transpo~allon and grain milling and processing opera lions be conducled wllhln completely enclosed buildings, by pneumallc lubes, or by sealed contelners. c, Prior 10 Issuance of a ce~lflcate of occupancy, the grain milling and processing operallon shall submit to the building offlclel documentation demonslratlng that the Application end Permll to Install or Aller Equipment or Control Equipment has been approvad by the Iowa Dapa~ment of Natural Resources (DNR), fI such a permllls raqulred by the Iowa Depa~ment of ..,":':..........,..-....,.!'""...~....,";...-~, ' .~-I- ~cf VI IfJl/~ - .. - ....,. "I , , ~, Ordinance No, pege 2 Natural Resources under DNR standards now eppllcable. In the event DNR lowers lis standards, the more restrictive standards shall continue to app~, In the event DNR relses lis standards from those applicable as of September 1, 1992, the more restrictive shall apply. SECTION II, REPEALER. All ordinances end perts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION III, SEVERABILITY, If any section, provision or part of the Ordinance shell be adjudged to be Invalid or unconslltutlonal, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not djudged Invalid or unconstllutlonal. SECTION I . EFFECTIVE DATE, this Ordinance shall be In effect after ts final passage, approval and publication, as provldad by w, j/ Passad an approved this , MAYOR AllEST: CITY CLERK Approved by \. ~dctr - ..<J- f'...v \ \ /~i/? I . i , I , i , , i I , j I I I ! ! I I I , I J , I 'I , , ..'..'1 . ", ., ;,...- '.. .....-." I 'I " I '" r~ rl' I m+I:) OROINANCE NO. 92-3545 AN ORDINANCE AMENDING CHAPTER 35, ENTITLED "VEHICLES FOR HIRE", OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. TO PROVIDE FOR THE USE AND REGULATION OF PEDICABS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1, That Chapter 35, 'Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by adding to Section 35.16, the following definition: Sec. 35.16. Definitions. , Pedicab' means a vehicle propelled exclusively by human power through a belt, chain or gears, having two or more wheels, furnished with a driver, and carrying passengers for hire. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rear,view mirrors, and right and left turn signals. SECTION 2, That Chapter 35, "Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 35.17, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 35.17. Name of compeny to be painted on vehicle; size and location of lettering. Each taxicab and pedicab shall have the name of the owner or the operating company thereof painted plainly In letters at least two 121 inches in height In tho center of the main panel of one door on each side of the vehicle. SECTION 3, Thai Chapter 35. "VP.hlcles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 35-20, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 35.20. Driving permit, Identification card or bedge with name and photograph of driver to be worn. Each person, while operating a taxicab or pedicab In the city, shall prominently wear on his/her person the Identification card or badge showing the full name of the driver and the driver's photograph. The card or bedge shall be provided by the city clerk, SECTION 4, That Chapter 35, "Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same Is hereby amended by repealing Sections 35.21 and 35.22, and enacting In lieu thereof a new section to be codified as Section 35-21, to read as follows: Sec, 35.21. Rete cerd to be displayed and provided to pessenger. Each taxicab and pedicab permit holder shall prominently display in each taxicab or pedicab a fare rate card visible to all passenger seats and each taxicab and pedicab driver shall provide a copy of the fare rate card to a passenger, when requested, A copy of the fare rate card shall be flied with the city clerk, A passenger of a taxicab or pedicab may request from the driver an estimate of the fare to be charged, and the taxicab or pedicab driver may provide such an estimate based upon l(Pfo I I , , -. Ordinance No, 92-351+5 Page 2 I the fares displayed on the rate card. The driver shall then charge a fare not to exceed the estimate given plus the rate card fare for onc,half mile, SECTION 5, That Chapter 35, "Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Scction 35,23, and enacting in lieu thereof a new section to be codified the same to read as follows: Sac. 35.23. Recalpts for fara; contants, A taxicab or pedicab driver shall provide a written receipt to a paying customer, upon request, Each receipt shall contain the name and signature of the driver, the city license or permit number, the total amount paid, the date of payment and the name of the vehicle owner. SECTION 6, That Chapter 35, "Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 35.24, and enacting in lieu thereof a new section to be codified the same to read as follows: Sac. 35.24. Right to demand prepayment of fara; obligetlon to carry pessengers. lal The driver of a taxicab or pedicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid, but no driver shali otherwise refuse or neglect to convey any orderly person, upon request, anywhere in the city unless previously engaged or unable to do so, Ibl The driver of a horse,drawn vehicle shall be subject to the provisions of subsection lal, except that the obligation to convey any orderiy person shall apply only to any route filed with the city, SECTION 7, That Chapter 35, 'Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, allt! the same is hereby amended by repealing Section 35.26, and enacting in lieu thereof a new section to be codified the same to read as follows: Sac. 35.26. Driving permit for texlceb and pedlceb drlvera. No person shall operate a taxicab or pedicab for hire upon the streets of the city, and no person who owns or controls a taxicab or pedicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the driver of such vehicle shall have first obtained and have then in force a driving permit issued by the city, SECTION B, That Chapter 35, 'Vehlcies for Hire", of the Code of Ordinanccs of the City of Iowa City, Iowa, be, and the same is hereby amended by rcpeallng Scction 35.27, and enacting in lieu thcreof a new section to be codified the same to read as follows: Scc. 35.27. Application far driving permit, Each person dcsiring to drive a taxicab or pcdlcab in the city shall file an application for a driving permit, An application shali be filcd with the city clerk upon forms provided by thc city, and such application shall bc vcrified /~ro - ""'1 , , I -'. Ordinance No. 92-3545 Page 3 under oath and shail furnish the foilowing information: (1) The name and address of the applicant. 121 The experience of the applicant in the transportation of passengers, 131 The applicant's certified driving record, (4) The applicant's record of conviction of misdemeanors and/or felonies, (51 Taxicab drivers shaii possess a currently valid Iowa chauffeur's license, Pedicab drivers shaii possess a currently valid operator's license, 161 Such further pertinent information as the city may require, SECTION 9, That Chapter 35, 'Vehicies for Hire", of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 35.29, and enacting in lieu thereof a new section to be codified the same to read as foilows: Sec. 35.29. Vehicle for hire iicense decel, No vehicle for hire shaii be operated upon any street within the city uniess the owner of such vehicle shail have first obtained and shaii have then In force a license decal Issued by the city clerk, The decal shaii be attached to the lower lefthand corner of the rear window of a taxicab or pedicab, or displayed at the left rear of a horse,drawn vehlcie, SECTION 10, That Chapter 35, 'Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same Is hereby amended by repealing Section 35.30. and enacting In lieu thereof a new section to be codified the same to read as foilows: Sec. 35.30. Appiicetlon for iicense. Each owner of a taxicab or pedicab shaii file an application for a license with the city clerk upon forms provided by the city end such application she!1 be verified under oath and shaii furnish the foiiowing information: (1 I The name and address of the applicant. (2) The experience of the applicant in the transportation of passengers, (3) The applicant's driving record, (41 The applicant's record of convictions for misdemeanors and/or felonies, (51 Such further pertinent Information as the city may require, SECTION 11. That Chapter 35, 'Vehicles for Hire", of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same Is hereby amended by repeaiing Section 35.31.1, and enacting In i1eu thereof a new section to be codified the same to read as foiiows: Sec, 35.31.1. Taxlceb or pedlceb parking stand, 11 I The owner or operator of a taxicab or pedicab licensed pursuant to this chapter may eppiy for the exclusive use of e designated parking space for the applicant's taxicab or pedicab. The location of a parking stand shaii be determined and approved by the city traffic engineer, as "', , , IIt,'ia ,","""*"~"",,,_.,,-..,..r -~"'''--''-VAlal.''''''''''''''- --. .... ,'.'.... ,"'..'. --'- ..,..... , '1 , , , -, Ordinance No, 92-3545 Page 4 provided in Chapter 23 of this Code, 121 The city council shall determine by resolution the fee for a parking stand, 131 The city clerk shall issue a parking stand after the location has been determined by the city traffic engineer and after the applicant has paid the required fee to the clerk, SECTION 12. That Chapter 35, 'Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 35.32, and enacting in lieu thereof a new section to be codified the same to read as follows: Sec. 35.32. Liability Insuranco praraqulslto to Issuanca of taxicab or podlcab IIconso. 101 As a condition to granting a license to operate a taxicab or pedicab in the city, the applicant shall file with the clerk a liability insurance policy, The policy shall be executed by a company authorized to do insurance business in this state, The policy shall be In a form approved by the city, The minimum limits of such policy shall be determined by city council resolution. Each policy shall contain the following endorsement: 'It is understood and agre~d that before the insurance policy to which thi~ .ndorsement is attached may be suspended or canceied, the City of Iowa City, Iowa, will bo given ten 1101 days prior written notice of such proposed suspension or cancellation, It is further understood and agreed that the obligation of this policy shall not be affected by any act or omission of tho named insured, or any employee or agent of the named insured, with respect to any condition or requiroment attached theroto, nor by any default of the insured in payment of the premium, nor in the giving of any notice required by said policy, or otherwiso, nor by the death, insolvency, bankruptcy, legal incapaCity, or inability of tho Insured.' {bl Tho failura of any license holder to maintain such policy in full forco and offect throughout the life of the certificate shall constitute revocation of the license, SECTION 13, That Chapter 35, 'Vehicles for Hire', of the Code of Ordinances of the City of Iowa City, Iowa, be, and the samo is hereby amended by repealing Section 35.33, and enacting in lieu thereof a new section to be codified the same to read as foliows: Sec, 35.33. Mechanical Inspactlon proraqulslto to Issuonco of IIconso. Each applicant for issuance or renewal of a taxicab or pedicab license shall submit with the application a curront certificate of inspoctlon Issued by the chief of police or the chlof's doslgnee. The chief of police or the chief's doslgnee will ostablish standards of mechanical fitnoss for such vohlcles, and wili examino and certify vehiclos for mechanical fitness, The chiaf of polico or the chief's doslgnao may require relnspectlon of a vehicle upon belief that a vehiclo Is not mochanically fit. SECTION 14, REPEALER. All ordinances and parts of /~80 ~. Ordinance No. 92-1,4, Page 6 ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 16, SEVERABILITY, If any section, provision or part of the Ordinance shali be adjudged to be invalid or unconstitutional, such adjudication shali not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 16, EFFECTIVE DATE, This Ordinance shali be' in effect after its final passage, approval and publication as required by law. Pass and approved this 4th day of August.1992. MAYOR ATTEST: fh~J "..f. c~AJ CITY'ClERK nlpodicab.Q'd s Office tfp I?~ I~ra ___-~--I- "- lR.w--- !:J~~ \0..._ .w__...,-- ..-............ ~ "j " ) ,~ I I ! ! I ! ! I I I I I I ! <>,.,- , , . -, It was moved by Kubby and seconded by as read be adopted, and upon roll call there were: Novick that the Ordinance AYES: NAYS: ABSENT: x x x - x x Ambrisco Courtney Horowitz Kubby Larson ,x McDonald 'Novick x First Consideration --------~-------- Vote for passage: !. Second Consideration 7/7/92 Vote for passage:.. AYES: ~cDonald, Noyi~k... COllrtney, Horowitz, Kubby, Larson. NAYS: nmbr1sco. AHS~Nr: None. Date published 8/12/92 Moved by McDonald, seconded by Horowitz, that the rule requiring ordinances to be copsidered and voted on for passage at two council meetings prior ' to the meeting at which it is' to be finally passed be suspended, the first consideration he waived and the ordinance he given second consideration at this time. AYES:, Larson, McDonald, NOl'ick; Courtney, Horowitz, ' Kubby. NAYS: Ambrisco.ABSENT: None. 1(P!O """""'~~"'~~, .__u~ _... ..__.._.....~ ..... ....l.. ""r , , ' i i I i : , , , I , I : , i i I ! I I I I I I I , i --.-'-". l!l!U.