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Home My WebLink About1978-12-12 Info Packetf•11LROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES HUINLi , iuwl -. City of Iowa Ci� MEMORANDUM Date: December 6, 1978 To: Jerald Smithey, Chairman, Iowa City Housing Commission From: Michael Kucharzak Re: Rehabilitation Activities The City Council has instructed me to contact the chairman of the Housing Commission to solicit your assistance in modifying the existing rehabilitation program and to develop program goals for FY80. Spe- cifically the Council seeks guidance from a task force for rehab- ilitation comprised of membership from the Housing Commission and citi- zen members in the rehabilitation area currently being serviced. May I respectfully suggest that the chairman consider selecting two members from the Housing Commission willing to serve on the task force and that the chairman seek out three citizen homeowners in the north side "403" area who have received rehabilitation financial and tech- nical assistance. It was suggested by a Councilperson that perhaps some recipients of the rehabilitation assistance would be willing to serve on the task force. I would like to meet with the task force very soon to discuss some suggested changes in the existing rehabilitation effort that would enable us to offer emergency repair and home winterization grants this winter. Attached to this memo please find a memo to the City Manager and the City Council dated November 22, 1978, which formed the basis of the decision of the City Council to seek citizen input and direction via the rehabilitation task force. I look for a very fruitful and rewarding involvement in this task force effort and I would suggest that citizens generously giving of their time could accomplish the immediate tasks before February 1, 1979. Please notify me or Maureen Taylor if there is any additional information or if you would like to review our case records. My thanks to the members of the Housing Commission for their continued support of Iowa City's housing programs and I look forward to their active participation in helping us meet the program needs of the CDBG rehabilitation effort. 12_1�174. jm2/9 4/&44-71 f C �D p/`I/n /Jf 0 ✓ l/yus' y.✓D %% P,.?r aelerNt ,b> �Cjrj/1rJcw/,�➢'/ J 0 / V' c/V%q/3 1ii?A/f.E �tJlt sG : iI ��uJ /V. 0 O�. c VJ A//I� fCC/c /�2CC �(�/iY u4/.✓citJ /bNO ,rl^T 10�IC4rX1W,7 �y7c -y�G+- /q is C�iri�fnA-s, r;.... _ �j 141CROFILMED BY t JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 f41CROFIL11EU BY JORM MICROLAB CEDAR RAPIDS AND UES HULNL:,, lUdn �. City of Iowa C'* MEMORANDUM DATE: December 8, 1978 TO: Neal Berlin/City Council FROM: Dick Plastino, Director of Public Works RE: Parking Alternates (Calendar and Others) Listed below are some parking alternates with cost figures and a brief analysis. 1. City-wide alternate side parking (daytime only). k of signs Total Cost for Sign Cost of Materials needed Material Only Time to Install $20.92/sign 6,465 $135,248 14-2/3 months Analysis - Extremely expensive. Would implement alternate side parking where there are few cars parked on the street now. 2. Convert north end to alternate side parking (boundaries Capitol, Bloomington, Dodge and Brown; but would not include Dubuque and Dodge). Cost of hfaterials Time to Install $4,602 11 days Analysis - Several streets in the north and have no parking anytime on one side only. Church and Bloomington would be left like this. There are then fewer spaces in the daytime and more at night as shown in Table A. With calendar parking, vehicles are allowed on both sides of the streets after 5 p.m. and before 8 a.m. On a high traffic street such as Church or Bloomington, it would not be satisfactory to allow cars on both sides of the street at the same time even in the evening. 3. Snow Emergency Ordinance. This ordinance would allow the City Nlanager to declare a snow emergency. Under this plan, all streets in which parking is allowed on both sides would be converted to calendar parking. Analysis - Since a major snowstorm would not occur often, this ordinance would be difficult to implement and enforce, particularly with our transient population. A copy of such an ordinance is attached to this memo. 4. Do nothing. At the present time the City is removing parking only upon a request basis. Traffic Engineering sends out a postcard survey and if the majority of the residents are in favor of parking removal, it is removed. Yo m*l'4 MICROFILMED BY J � "S i JORM MICR+LAB CEDAR RAPIDS • DES MINES 1 1;11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINL'3, iuv -2- 5. Extra width paving. Use "No Parking One Side" instead of making street extra width. There has been some concern about the City continuing to pay for extra width paving. Subdividers have been paying for the first 28 feet of width and the City pays for all paving greater than 28 feet. In the last three years the City has paid $66,942. The cost to implement this would be negligible since it would be done immediately after grading work was completed in the parkways and before any property owners moved in. Parking would be eliminated on one side. This may affect property values and developers should be consulted about this option. 6. Fire trucks. To maintain perfect access for fire trucks, any street with a width of less than 25 feet should have parking prohibited on one side. The cost for material would be $36,442. Analysis - This will tend to -eliminate problems where no problems exist. On sonic 25 foot wide streets with high densities and high vehicle ownership there is a problem. On other 25 foot wide streets, particularly in the new residential areas, there is no problem at all. 7. Permit parking. Some communities have used a program which only residents in the area may park on adjacent streets. If visitors come in they are given a permit by the owner of the property. Attached is an article outlining the experience of several communities. It is suggested that Council discuss all of these options and determine the problem and a general course of action. The matter should then be referred to the Planning and Zoning Cmmnission for detailed consideration by the Commission and by Staff. cc: Harvey Miller .Jim Braclitel Craig Minter Bob Keating �rf11 ,r MICROFILMED BY JORM MICR+LA(! CEDAR RAPIDS • DCS MOINES • (jILROFiLMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU, L , harm ORDINANCE N0. AN ORDIN•NCE REGMATING TILE OPERATION AND PAR1;I\G Of MTOR ITJIICI.ES DURING SNOIY L• [ERCINCIES Be It Ordained By The Council of the City of Iowa City, Iowa Section 1. Short Title. This Ordinance shall be lnol.n and Imay be cited as the "Snow Emergency Ordinance of the City of Iowa City, 'Iowa". Section 2. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. a. The "Director" shall mean the City DIanager or his/her authorized representative. b. "Street" or "highway" means the entire width between property lines of every Hay 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. e. "Roa&ay" means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. d. "Snow Tires" are any tires mounted on drive wheels of motor vehicles which are especially designed to give effective traction on snow, mud, or ice covered streets by means of extra heavy duty treads with special high -traction patterns, except that no tire so defined shall be construed to be a snow tire if it is damaged or worn to the extent that its performance would be substantially impaired. e. 'Tire Chains" are any metal chains mounted on drive wheel tires of motor vehicles which cross the tread of each such tire laterally in at least three different places. Y Section 3. Parking Prohibited on Certain Streets. Whenever the Director finds, on the basis of falling snow, sleet, freezing rain, or on the basis of a forecast by the US Weather Bureau or any other weather service that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on certain City streets be prohibited or restricted for snow plowing and other purposes, the Director shall put into effect certain parking Policies and prohibitions. These parking policies and prohibitions are listed below: 1. On all streets on which parking is prohibited on both sides of the street, parking shall continue to be prohibited on both sides of the street. 2. On all streets on which parking is allowed on one side of the street and prohibited on the other side of the street, such regulations shall continue to be in effect. 3. On all streets which have calendar parking, such prohibitions shall reioin in effect. 141CROFIL1410 BY JORM MICR+LAE3 .' MAR RAPIDS • DES 1401NES i _I i • (jILROFiLMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU, L , harm ORDINANCE N0. AN ORDIN•NCE REGMATING TILE OPERATION AND PAR1;I\G Of MTOR ITJIICI.ES DURING SNOIY L• [ERCINCIES Be It Ordained By The Council of the City of Iowa City, Iowa Section 1. Short Title. This Ordinance shall be lnol.n and Imay be cited as the "Snow Emergency Ordinance of the City of Iowa City, 'Iowa". Section 2. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. a. The "Director" shall mean the City DIanager or his/her authorized representative. b. "Street" or "highway" means the entire width between property lines of every Hay 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. e. "Roa&ay" means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. d. "Snow Tires" are any tires mounted on drive wheels of motor vehicles which are especially designed to give effective traction on snow, mud, or ice covered streets by means of extra heavy duty treads with special high -traction patterns, except that no tire so defined shall be construed to be a snow tire if it is damaged or worn to the extent that its performance would be substantially impaired. e. 'Tire Chains" are any metal chains mounted on drive wheel tires of motor vehicles which cross the tread of each such tire laterally in at least three different places. Y Section 3. Parking Prohibited on Certain Streets. Whenever the Director finds, on the basis of falling snow, sleet, freezing rain, or on the basis of a forecast by the US Weather Bureau or any other weather service that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on certain City streets be prohibited or restricted for snow plowing and other purposes, the Director shall put into effect certain parking Policies and prohibitions. These parking policies and prohibitions are listed below: 1. On all streets on which parking is prohibited on both sides of the street, parking shall continue to be prohibited on both sides of the street. 2. On all streets on which parking is allowed on one side of the street and prohibited on the other side of the street, such regulations shall continue to be in effect. 3. On all streets which have calendar parking, such prohibitions shall reioin in effect. 141CROFIL1410 BY JORM MICR+LAE3 .' MAR RAPIDS • DES 1401NES i MICRUrILMED BY DORM MICROLAB • CEDAR RAPIDS AND UES I•IUINLJ, :Uo11 2 4. On all streets on which parking is allowedon both sides, vehicles will be parked on the even street numbered side of the street on even days of the month and vehicles shall be parked on the odd street numbered side of the street on odd days of the month. S. Nothing in this ordinance shall be construed to permit parking at any time or place where it is forbidden by parking prohibition signs. 6. This parking prohibition shall not have any effect for the following areas: a. Any alley within the City of lot,a City. b. Within the Central Business District of Iona City as defined by Section 4. Any provision of this Ordinance which becomes effective by declaration of the Director shall take precedence over any conflicting provisions of labs normally in effect except that it shill not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized .r1 emergency vehicles or emergency traffic directions by a police officer. Section S. ConditioA of Motor Vehicles Operated on Snow Emergency Routes. No person operating a motor vehicle on an arterial or collector street on which { there is a covering of snow, sleet, or ice spall allowsuch vehicles to become stalled wholly or partly because the drive wheels thereof are not equipped with effective snow tires. i Section 6. Stalled Vehicle on Arterial and Collector Streets. Whenever �. a vehicle becomes stalled for any reason, in violation of this Ordinance, on any part of an arterial or collector street on which there is a covering of snow, sleet, or ice, the person operating such vehicle shall take immediate action to have the vehicles towed or pushed off the roadway of said street either onto the first cross street which is not an arterial or collector street or onto the - public space portion of a nearby driveway. No person shall abandon or leave his vehicle in the roadway of an arterial or collector street except for the - purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, gas station or other place of assistance and return without delay. Section 7. Declarations of the Director. a. The Director shall cause each declaration made by him pursuant to this oldinancc to be publicly announced by means of broadcasts or telecasts from radio station(s) with a normal operating range covering the City, and he/she may cause such declaration to be further announced in newspapers of general circulation when feasible. Each announcement shall describe the action taken by the Director, including the time it became or will become effective, and shall specify the streets or areas affected. A parking prohibition declared by the Director shall not go into effect until at least six hours after it has been announced at least 10 times between 6 a.m. and 11 p.m. in accordance with this section. MICROFILMED BY 1 DORM MICR+LAB CFDAR RAPIDS • DES MOINES I•11LkOFILMED BY JORM LIICROLAB NU CEDAR RAPIDS AND ULS rI01:1LJ, 1U1111 .3- M b. The Director shall inake or cause to he made a record of each time and date when any declaration is announced to the public in accordance with this section. Section 8. Termination of Parking Prollihition by the Director. hllenever the Director shall fired that sone or all of the conditions which give rise to a parking prohibition in effect pursuant to this ordinance no longer exist, he may declare the prohibition terminated, in whole or in part, in a manner prescribed by this ordinance, effective inmediately upon announcement. Section 9. Removal, Impounding, and Return of Vehicles. The Police Department or any officer, agent, or employee of the City of Iowa City, Iowa, designated to enforce the parking ordinuues of the City of Iowa City, Iowa, on finding a vehicle unattended at a place where the vehicle constitutes an obstruction to the vehicular traffic in violation of this ordinance, may remove or have caused the removal of said vehicle to a place designated by a peace officer for the storage of impotmded vehicles. Upon impoundment of said vehicle the City shall notify the last known registered owner of said impoundment by certified mail if the name and address of the owner can be ascertained with reasonable diligence. The registered owner or operator may reclaim said vehicle by payment of any clu rges incurred for towing and storage. Section 10. Citation on Vehicles Parked or Left in Violation of Ordinance. hlienever any motor vehicle without a driver is found parked or left in violation of any provision of this ordinance, mad is not removed and impounded as provided for in this ordinance, the officer finding such vehicle shall take its registra- tion number and any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation, on a form provided by the (title of appropriate City official), for the driver to answer to the charge against him within days during the hours and at a place specified in'the citation. Section 11. Evidence with Respect to Vehicles Parked or Left in Violation of Ordinance. In any prosecution with regaral to a vehicle parked or left in a place or in a condition in violation of any provision of this ordinance, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this ordinance, together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this ordinance. Section 12. Penalties. Every person convicted of a violation of any provision of this ordinance shall be ptmished by a fine of not more than dollars or less than dollars or by imprisonment or not more tun days or by roti sue 1 me and imprisonment. Section 13. Separability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by an), court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 141CROFILMED BY JORM MICR+LAB .1 CEOAP RAPIDS • DES MOINES kilLiiOFILNLU BY JORM MICROLAB CLUAR RAPIuS ANJ ut'� i'lui;tL_ Solving residential perking problems Communities, with an assist &m the courts, are using parking permits to free on -street spaces for neighborhood residents. The complaint is a familiar one in virtually any congested - neighbor- hood — no,place to park the car be- cause of those "outsiders." The "inter- lopers' fall into several categories: Suburbanites who drive to the city to work, park in a residential area free, then take public transit to their jobs a Outsiders who may have a job in a residential area Tourists who dont want to pay to park for their sight-seeing privilege y-�lo`ri ■ Revelers attracted to an area night- spot. Whoever they are, the result is the same —not enough spaces to go around and a frustrating life of con. stant block -circling for those who live in the neighborhood. But the picture is getting brighter in n number of neighborhoods across the country where residential parking permit programs have been intro- duced. For example, thousands of San Franciscans started the year with a $10 chance in a parking lottery that will not only increase spaces for neighborhood residents, but should encourage out•oftowners to lake transit or carpool. Basically, the program involves a bon on all -day parking in n residential neighbor. hood unless'lhe car's driver can prove he lives in the area.' For a $10 fee, area residents re. ceive n small bumper slicker entitl. ing them to unlimited parking. Anyone else parking in the area for more than two hours during the day is subject to o $10 citation. Initially, the plan is being enforced in a 92 -block section of the city referred to as North Reach. This is an area of apartment buildings mixed with Tea- tnuranls and nightclubs. The city began work on the plan atter 1200 residents signed a petition de- manding permit perking. A survey of the neighborhood conducted by the Traffic Department. found that during a lypicnl workdny GA of the cars parked in the area were from out of town. Tin, studies also revealed that 4300 curs were being crammed into the neighborhood's 4100 legal on•slreet parking spots each day. The permit system will be expanded to other neighborhoods irit proves suc. cessful in North Bench, according to Traffic Engineer William Marconi. "1 think it would work in any area where You have a lot of outsiders coming in during the daytime," Marconi reported. Last year, the California legislature granted local governments the author- ity to establish preferential parking for residents, in addition to San Francisco, Inglewood rind Beverly Hills have enacted the restrictive parking mea- sures. More recently, a Los Angeles councilman asked that similar pro grams be instituted for city dwellers in neighborhoods congested with vehicles No PARKING MORE THAN 2 HOURS ON ANY STREET IN CITY OF MILWAUKEE WITHOUT POLICE PERMIT 2AMTo6AM CITY ORDINANCE . �alwlc w rvu,waunua atu greaten Dy, these signs posted al city limits. owned by persons who live outside Ilia city and commute to rind from work, Actually, San Frnncisco borrowed the idea from cities that experimented successfully with residential parking parking permits—particularly Cam- bridge, Mass., and Arlington County, Va. Many of the programs have been challenged in the courts on the grounds that permit parking discriminates agninst outsiders. Ilowever, their can- slitutionnlily wns ultimately upheld. The Arlington County program re- ceived nntionwide publicity when the U.S. Supreme Court knocked down a Virginia Supreme Court decision that would have nllowed commuters to pnrk in a permit only neighborhood. Since that monumental decision, a number of other communities across ilia country havejumped on the residential parking permit bandwagon. In its three-page o ml he Su- premeCourtsaid, u 91 llu- .P?+n�2 S �1ee iM erg of me aectsaon supports an Ar. lington Fjtaty oning ordinance which it r 1. reea.p cornPi - residents, persons doing business with residents, and '§tome visitor;. Thd ordinance was challenged by commuters who work in the complex and park regularly in the neighborhood. Thdy'argued that the ordinance violnted the equal protection clause of the Fourteenth Amendment. The Virginia Supreme Court up- held the commuter's argument, stat- ing that the resident/nonresident distinction in the ordinance bore "no reasonable relation" to the ordi- nance's goals. In reversing the state court deci- sion, the U.S. Supreme Courtagreed that the goals were •legilimnte. However, the court also held that a county has the right to restrict outside traffic flow "to enhance the qunlily of life" in on area. "By definition," the court reasoned, "discrimination against nonresidents would inhere" in any such parking restrictions. "The Constitution does not outlaw these social and environmental objec- tives, nor does it presume distinctions between residents and nonresidents of III local neighborhood to he invidious. The Equal Protection Clause requires only that the distinction drawn by an ordinance like Arlington's rationally promote the regulation's objectives," the decision staled. "On its face, the Ar- lington ordinance meets this lest." Cambridge, Mass., innuguralyd its program in 1972. That year, the Mns- sachusetts General Court passed a law 141CROFILI4CD BY ' j DORM MICR+LAB §,FOM P,APIM - oFS MONIS 15iw(Ut iLbli.0 by JURI.1 1,11CRULAb LEAH kArluS AN) uL, .It-: ,:. -. Residential permit programs require strong enforcement measures. which allowed the city's traffic director but do come under the hardship clause ,to establish the on -street residential specified in the EPA's on -street park - parking pmgram.As+£lLa);[Cd-Ah)•jp2r ing ban requirements, prohiW.- �vu•i ��d yrLTivltnfai�ttt ncepCl] Other problems arose, but they also w e.J�u osc whlult have been corrected. These involved L re, t• ,l gPit- to it - t�nlract!! - and others working in ISrgCja'fi1t5'Ti t< n- SsMr usetts pbl� rale posted areas u �Yid6 nndir'�g--end-tiin7 I.3,1111't� .red"' neraladlvrtresI�e i V lrrs� tbf_CKY?n6 Vchic es registered ns commercial, or 1- n the program's early stages, slick- clearly marked with the name of a ers were issued to vehicles garaged in u company, are not lagged. However, if posted arca. However, the program was challenger], the firm has to show it is challenged in court. The judge ruled legitimately working in the area. the program legal — provided slickers In the case or parties, lire city does were issued oil to citywide basis. This not issue a large number of visitor was implemented by dividing the en- permits. lustend, residents are asked to tire city into 13 residential parking call the police department at least 24 areas. hours before the party. The police note a Vts1 19p7par irY .. o, aroyl',- -y r h -lar lire location, the number of vehicles ex. >riahtcri#iitlUar ,�.-. ISR"innuhg"oV0 raj meted, and the times they will he .v. w+ 'tom.^ rr.� If +bra.r in: to ulltnmatGlhis, wailer pennilsmrked. these conditions are not iw�;i•`e.;�s5,C3"A`�t }uoil'icholduivj heli abused, no tickets ore issued. abuit7ol•a+y'LjTw"e>iislofl%nrkm�l•By � Loading zone provisions "'1'his worked out well," reported In Cambridge, rill "No Parking' Traffic Director Genrge 'Peso, "hut we areas can be used as loading zees. found the permits issued for one section Vehicles in these roues may park for 30 being used five days it week in another minutes while the landing or unloading section. We therefore look each of the takes Place. In practice, tiny commer- 13 neighborhoods and nssigned a dis- cial vehicle can park on it posted street tinclive rotor code for the visitor per- unless it rennins there for an extended nrits.'file passes ore valid only in their period of time. assigned neighborhoods and each Stores oral businesses located in a household which qualifies is issued residentially -zoned arm before the Iwo:' parking program began crealed the Cambridge does have it colored Per. major problem. To cost- the parking mit that entitles the user to city-wide problem for these owners, the frontage Parking privileges. These ore issued nn of the businesses were ,of Posted. This a very limited basis Ia vehicles which provides space for cumnmer parking. do not qualify for a residential sticker, Wilmington, Del., encountered t . t41CRof ILMf.O BY JORM MICR+LAB Cf DAP NAPTP. • Nf MDPIFS another problem after it began a resi- dential parking sticker program. The stickers were being copied and used by some commuters. Residents complained of the practice. Police found six cases in which car owners were using the forged stickers. Three were charged with third-degree burglary and fined; three others were released after the charges had to be dropped due to n lack of evidence that lire owners really intended to break the law. One of those convicted had about 30 fake stickers which had apparently been made on a copying machine in his office. "The arrests and convictions seem to have alleviated the problem," accord- ing to Margaret E. Primrose of the Wilmington Division of Finance. "To be sure, however, we started issuing a new slicker in April thatwill be affixed to the burgper of a car. It will not come off, is in color and cannot be Xeroxed." Wilmington has added another twist to its program. The sticker allows the car owner •la remain at a two-hour meter located in his section for longer than two hours. He must still pay all parking meter fees. Baltimore also faced a court test when it planned to introduce it residen- tial permit program. The city had pas- sed a regulation placing a two-hour pnrking limit in a crowded neighbor- hood adjacent to a hospital. Homeown- ers could purchnse special stickers for $5 permitting them unrestricted park- ing in front of their homes. Hospital workers sought to block the parking ban in court. Since the U.S. Supreme Court had alrendy ruled favorably on the Arlington County parking plan, the complainants aban- doned the equal protection argument. Instead, they challenged the regulation on the following grounds: , The Commissioner of Traffic and Transit hod no authority to promulgate the regulation . Any delegation of authority to prumulgato the regulation by the city council does not sufficiently set forth the standards guiding the commis- sioner and is unreasnnnble within the meaning of the Maryland Constitution and the Due Process Clause of the Fourteenth Amendment or the U.S. Constitution . Promulgation of the regulation by the commissioner wits capricious, ar- bitrary and unreasonable and therefore in violnlion of due process. In his eight -page opinion, Circuit Court .Judge Basil A. Thmmais noted that the Baltimore program was mod- eled nfler plans used in Massachusetts and Virginia. The judge also said that the commissioner acted only nfier he received input from neighborhood resi- dents, the Baltimore Department of Planning and his own staff. IliLKU: iLi•IiU by JORM I.1ICRULAB "The Court finds that the can. s. Matter has attempted to develop a ra- tional plan to discourage commuters from leoving their personal au- tomobiles in this congested urban resi- dential area," Judge Thomas added. "The beneficial results hopefully will include not only n lessening of the parking problems, but also a reduction in air and noise pollution, reduction of traffic congestion and conservation of resources. These are all desirable goals and (the regulation is) a reasonable use of the police power to achieve them." Campaign Issue Last fall, a proposed residential parking program became the principal subject of debate in a campaign for a seat on the Revere, Mass., city council. Incumbent Councilor Rita Singer wanted the community to issue tickets to residents and guests whowould have parking privileges in neighborhoods near transit stations. Commuters who park in these areas for the day in order to take trains to Boston would be tick. eted. Iter opponent claimed the program would cost the city thousands of dollars to implement. Ile also said that it would be illegal to impose such restric. tions in only one section of the city. Councilor Singer was reelected and . the city is presently considering her proposal. Moreover, the Arlington County case would appear to refute her opponent's contentions regarding the unlawfulness of the plan, even though Cambridge had to revise its program on a citywide scale. Washington, D.C., also had its day in court. Last June, a D.C. Superior Court judge upheld an ordinance that banned all -day commuter parking in many areas or the city. In rejecting conten- tions that the ordinance was uncon. stitutional, Judge William E. Stewart, Jr. removed a temporary injunction that had blocked extension of the ban into the Georgetown area and several other neighborhoods. Merchants and Georgetown University students The there is adequate public lransparta- lion, where evidence shows a heavy in. cidence of commuter parking, and whore residents indicate they ore will. Ing to pay the $5 fee to onset the cost of the program. Georgetown residents ore delighted with the results. Some are even Iniking about planting grass and Bowers around curbside trees. For many years, such braulifiration efforts quickly fell victim to desparale drivers willing to I i (,LUAIi RAPIJ� AiiU 01 -1• - II r 600 i t t s0o m m . T I o. 0 400 2•: 0 E a E 0 8 aoo o I R 1' Y N n 200 100 A 0 1 5 park on the sidewnik, if that was the only way to fit their cars into parking spaces. Now, gaping parking places can be seen in the neighborhoods. A Washington Star story said that people find themselves running out to shop and for appointments. In the old days, fearful of losing their parking spaces, they remained "imprisoned" in their homes. "On P Street, some Oeorgelowners find their friends suddenly have begun to drop by again during the tiny; the story continued. "Fnr years, the impos. sibility of finding a parking space ilia. couragrd visits," Long -Lime residents sire talking about how much quieter the neighbor- hood hits became. flow much nicer. flow much less hectic and less tense. Even storeowners are not displeased with the results. A rundorn sampling of shops disclosed that no merchants felt ' ;dICROFILIdEO 9Y JORM MICRmLAB rt'Mp PAT'111, . lrS A01'if°. their business had slackened because of the ban. One shopkeeper believed the pro. grain might help during the Christmas Benson, when more buyers look for specific items. However, he would pre. fer a three-hour limit, arguing that it would still keep out commuters while giving shoppers time to both shop and cat lunch in Georgetown. Oldest program Probably the oldest continuous park. Ing permit system in the U.S. operates in Milwnukee, Wis. In May 1950, the city eslnblished the nil -night, on -street system on all secondary streets in the city. The permit fee was set at $4 n month. It remains at that rate today. All-night parkas are required to use the even -nu inhered side of the street on even -numbered days and the odd side of the street on odd -numbered days. M1iLkUl IL&D BY JORM MICROLAB LEUAk RANIUS AND uL:) :Iu,;,L: Asphalt lawns may be the only solution for some older cities. This permits easier detection of stolen cars and better street claming, snow plowing, and tree spraying. The per- mits are not issued for major routes or narrow streets where parking would deter traffic movement. Signs posted at the city limits on all through highways and at prominent freeway exit ramps. warn motorists of the citywide parking restrictions. Also, warning notices are posted in hotels, motels, and many business estnhlish- ments. The legality of the program was also put to a court test in the early 1950s. The decision stated that "the court can. siders the issuance of special privilege parking permits and the ordinance permitting such permits constitute reasonable Police regulations." p1oncy, from the permits is ear- marked for of -street parking, printing of permits, and lighting and mainte- nance of parking fncilities. The city has built 13 residential parking facilities with spaces for 830 cars at a cost of well over $1 million. Also, a part of the Par - mit money goes to the city's general fund in lieu of taxes. Following the Arlington County court cnse, Milwaukee started it day. time permit program in 10 commuter. impacted parking districts. 'Three of the districts are in school areas, two are around hospitals, one is in n business district and four are in industrial areas. Skokie, Ill., is considering n resi- dent -only permit plan for it one -half - mile square area around the popular Skokie Swillcommuter train depot. llnwever, the program is still under study by the lmffic department. "Frankly, we would rather find some other solution," said Village Manager John Mintzer, Jr. "We are waiting to sec what kind of results Chicago has and for traffic and parking count studies being conducted by our traffic depart- ment." Chicago recently began a permit program in all area around Northeast - am Illinois University. However, Skokie may already have n solution, at least for some congested residential areas, without waiting for the Chicago results. In July 1070, the city opened an off- street parking lot in an area of mul. tifamily dwellings. The lot provided 30 permit spaces for $7.60 per month pay- able smnimmually. Vehicles me identified by n decal -type permil.11leg- ally parked vehicles are towed away at the owner's expense Plus n fine. Cars must drive forward into the parking stall so that police can identify those with the rear window decals. Metered residential parking As experience was gained, 14 of the spaces at the center nisle of the lot were converted to metered parking for less frequent users. The meters permit up to 24 hours of parking for 50 cents. The system provides the user a number of choices. As n result, the lot gets optimum utilization. Land improvement costs for the lot were financed from slate motor fuel tax funds. Parking fees ore used for light- ing, cleaning and removing snow fiom the lot. "We are considering building a couple of other lots," Nlatzer said. "Whether we do or not depends tan how l ;dlCBor ILIdGO 0y JORM MICR+LAB Cf OAR PAPM4 • Dr ! -1011115 the appraisals ofthe parcels we have in mind come in." Foreign cities, many of which have even more serious parking problems than found in the U.S., have also come up with sone innovative ways to con- trol parking. Programs operating in Is- rael and Germany provide good exam. ples. A simple coupon parking system Ins been operating in Tel Aviv for the past six years. It eliminates parking meters and their associated costs, assures short-term parking in congested areas, raises revenue for the city, and is self- administered by the drivers. Anyone who desires to obtain a "hunting license" for parking spaces may purchase a booklet containing 10 detachable tags. The booklets are ay. ailable through a variety of concos- siounire vendors. On finding a vacant spot, the driver detaches a coupon, tears off a tab indi- cating his arrival time, punches out the perforated date, and displays the card by rolling up the side window against the card's folded upper edge. Each card can be used only once, being in- validated by the perforations. Some drivers keep the cards to document parking expenses. The Tel Aviv system takes in about $84,000 annually. Prior 'to the card program, parking meter revenues to- taled less than a quarter of this amount. Moreover, the city has elimi- nnled the expense of purchasing, main. Paining and collecting coins from met- ers. Germany hits enlisted the aid of n similar program to encourage use of its free municipal parking lots instead of on -street spaces. The "Parkschoibe" or parking disk system operates on an in- centive basis without cost to the user. The disk is available front the Ger- man Automobile Club or at police ate - tions. Cost of the laminated dashboard display card is defrayed by advertising messages. Parking areas where Ilse of the card is authorized are marked by a large white 'I" on u blue background. The snmr symbol appears on the card.. The driver diads the movable disk to l�ne time of his arritml and displays the card on the right side of the windshield. OSInders of file time limit are tic- keted. Drivers are also warned by it note on the card that it is illegal to reenter the parked vehicle to set the card ahead. More information on both the Tel Aviv and German systems is available, including sample disks. Contact the Council for Inlernntiunul Urban Liaison, 818 181h Street, Washington, D.C. 20006. For a free collyWillis article, circle 190 on Render Set vire Card. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES HUI;iL�, ur.. City of Iowa C'`y MEMORANDUM Date: December 6, 1978 To: Neal Berlin and City Council From: Eugene A. Dietz, City Engineer Re: Bryn Mawr/Penny Bryn Storm Sewer Analysis This past summer, a drainage problem came to light which involved residents adjacent to Estron Street, Hafor Drive, Hafor Circle, and Teg 'Drive.. The, Engineeri.ng_Division's.first contact. with -the -residents -1n the•area:occurred on. July 20, 1978,; at.which-time Denny Gannon and I attended.a meeting at -the home of one of the residents in the neighbor- hood. Subsequently, on approximately August 8, a"spokesman for the.' neighborhood, Dr. Walter Gerber, attended a formal Council meeting and asked for assistance. The Engineering Division was directed to provide alternate solutions to the problem as well as cost estimates. We have completed our analysis on the assignment. We have several alternatives to the problem. However, due to the inherent complexity.of describing solutions such as this, I will not try to provide you with a written documentary on the subject. Instead, I would suggest that at your convenience, I would provide a presentation at an informal Council meeting. I will inform the neighborhood through their spokesman of a meeting date once one has been seta Attached for your general information, is a sketch that shows the neighborhood, the location of the existing storm sewer, as well as the general direction of water flow. cc: Dr. Gerber jm3/25 141CROMMEO BY F` JORM MICR+LAB CFPAR RAPIDS • MS MOVIES 22761 I . 1 I I ll L. .I) y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU MLS, iur- ti ''}(( IdICROPIDdEO BY i JORM MICR+LAB CEDAR RAPIDS DES MOINES ■ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS ANU DLS MUiN,, City of Iowa MEMORANDUM Date: December 5, 1978 To: Honorable Mayor and City Council From: Sophie Zukrowski and Angela Ryan, Staff Assistants to the Iowa City Human Rights Commission Re: Proposed Changes in the Local Non-discrimination Ordinance This report has been prepared to facilitate the City Council's review of proposed amendments to the City's Human Rights Ordinance. These changes have been necessitated by extensive amendments to Chapter 601A, the .State Civil Rights Statute, of both the substantive provisions and the procedural aspects. After discussion with the staff, the Commission recommends the amendment of the ordinance to incorporate all of the substantive provisions which will be contained in Chapter 601A. As you are aware, a local ordinance must be consistent with state law. .With regard to some procedural aspects, it is the opinion of the Commission and staff that certain provisions were intended to be applicable only to the State Civil Rights Commission and relate to administrative concerns rather than due process. The report is presented in two sections. The first section explains the proposed additions and changes in the Human Rights Ordinance. The discussion of each item is keyed to your draft copy of the ordinance. The second section of the report discusses the changes in the State Statute which are not being recommended by the Iowa City Human Rights Commission for inclusion in the ordinance. Staff members will attend the informal Council meeting to answer any questions you may have. A copy of the amendments to Chapter 601A, the Iowa Civil Rights Law, has also been provided for your information. Subsequent copies of the ordinance will be renumbered to conform to the Code of Ordinances, City of Iowa City. PART I: ADDITIONS AND CHANGES TO THE LOCAL NONDISCRIMINATION ORDINANCE Reference. Page from Local Ordinance 1. Page 3 Changes Add to 10.2.2A: "to determine the . merits" Although this is an implied and assumed power of the local Commission, the amended State Statute includes this specific language. 2. Page 4 In 10.2.3A: replace the current language 11, ..who have passed the age of majority" with the amended State Statute language of "age 18 years or older, unless that person is considered by law to be an R• `��'� 141CROFILMED BY JORM MICROLAB CFDAR RAPIDS • KS M0114ES 227 MICROFILMED BY JORM LIICROLAB '1 2 CEDAR RAPIDS AND UES MUIHL�, JY4, adult." The revised language more clearly establishes who is protected on the basis of age. 3. Page 6 Revise N1 under: "D. Exceptions." The "Exceptions" section specifies what actions are not discriminatory in employment. The current ordinance language, which is lined out, has been replaced with the expanded State Statute language. This exception permits a religious institution to maintain as a criteria for employment qualfications based on religion if related to a religious purpose. 4. Page 6 Add new N6 under: "D. Exceptions." This paragraph is the amended State Statute language and permits state and. federal programs that benefit a specific age group to the exclusion of other age groups. For example, I interpret this section to allow employers the flexibility, which is proposed under the federal Age Amendments of 1978, to reduce insurance benefits for workers beyond the age of 65. 5. Page 6 Add new N7 under: "D. Exceptions." Again, this is the amended State Statute language. A clarification of this language has been requested from the Executive Director of the Iowa Civil Rights Commission but not received. As this paragraph reads, it is permis- sable to discriminate against an employee who is age 45 or older in employment apprenticeship programs. 6. Page 7 Add new section "D" to 10.2.5. I I The amended State Statute now specifically prohibits discrimination against tenants and property buyers because of the protected basis, such as race or national origin, of the tenants' or buyers' visitors. t 7. Page 7 Editorial change: "Exceptions" relettered from "D" to "E". i 8. Page 8 Add new letters "B" and "C" under 10.2.7. Most of the language in "B" and "C" comes directly from the amended State Statute. However, "of the Code of Iowa" was added as clarification in "B." Sexual orientation as a protected category was also added in "B" and "C" since the City ordinance provides this protection in credit transactions while the State Statute does not. MICROFILMED BY JORNA MICR+LAO ! CEDAR RAPIDS • US MOINES i I I I I +ay a i i i _i i MICROFILMED BY JORM LIICROLAB '1 2 CEDAR RAPIDS AND UES MUIHL�, JY4, adult." The revised language more clearly establishes who is protected on the basis of age. 3. Page 6 Revise N1 under: "D. Exceptions." The "Exceptions" section specifies what actions are not discriminatory in employment. The current ordinance language, which is lined out, has been replaced with the expanded State Statute language. This exception permits a religious institution to maintain as a criteria for employment qualfications based on religion if related to a religious purpose. 4. Page 6 Add new N6 under: "D. Exceptions." This paragraph is the amended State Statute language and permits state and. federal programs that benefit a specific age group to the exclusion of other age groups. For example, I interpret this section to allow employers the flexibility, which is proposed under the federal Age Amendments of 1978, to reduce insurance benefits for workers beyond the age of 65. 5. Page 6 Add new N7 under: "D. Exceptions." Again, this is the amended State Statute language. A clarification of this language has been requested from the Executive Director of the Iowa Civil Rights Commission but not received. As this paragraph reads, it is permis- sable to discriminate against an employee who is age 45 or older in employment apprenticeship programs. 6. Page 7 Add new section "D" to 10.2.5. I I The amended State Statute now specifically prohibits discrimination against tenants and property buyers because of the protected basis, such as race or national origin, of the tenants' or buyers' visitors. t 7. Page 7 Editorial change: "Exceptions" relettered from "D" to "E". i 8. Page 8 Add new letters "B" and "C" under 10.2.7. Most of the language in "B" and "C" comes directly from the amended State Statute. However, "of the Code of Iowa" was added as clarification in "B." Sexual orientation as a protected category was also added in "B" and "C" since the City ordinance provides this protection in credit transactions while the State Statute does not. MICROFILMED BY JORNA MICR+LAO ! CEDAR RAPIDS • US MOINES fQICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES h1T , luwm }4 3 Paragraphs "B" and "C" are basically an elaboration of what constitutes an unlawful credit transaction. Section "C" extends the definition of credit to include life, health and accident insurance. 9. Page 8 Editorial change: "Exceptions" relettered from "B" to "D" 10. Page 9 Revise "B" under 10.2.10. j The amended State Statute will allow an individual to file a complaint of a discrimination up to 180 days after the discriminatory act occurs.' 11. Page 9 Add to 10.2.11A: "within 20 days." 1 The amended State Statute requires that a copy of the complaint be served to the person charged within 20 days after a complaint is filed. 12. Page 12 Add new letter "B" under 10.2.13. The i current ordinance does not have a letter u8 u I This section gives the Commission the option to file the conciliation agreement in District Court as a consent decree. Failure to comply with the conciliation agreement would be contempt of court. 13. Page 15 Delete 10.2.16A. 14. Page 16 and 17 Add new section "A" to 10.2.16. Section 10.2.16A(a) expands the number of remedies available to the Commis- sion. Remedial action is not limited to the items specified. Please note N8, which will allow compensatory damages for humiliation in addition to court and attorney costs. Section 10.2.16A(b) extends the remedies which may be sought. Under this i section, if the Iowa City Human Rights Commission found probable causeto believe discrimination occurred by a responding party who was either operating under a license or as a contractor, the Commission could certify the finding to either the licensing or contracting agency. The licensing and contracting agencies could initiate further action. However, once a finding 1 of discrimination is certified by the Commission, the finding is binding on the agency. For example, if a sex discrimination complaint had been filed against "Ajax Construction" which had a contract with the City including a nondis- i i MICROFILMED BY JORM MICR#LAB j j CEDAR RAPIDS • DES MOINES T f;jILROIALMED BY JORM MICROLAB CEDAR RAPIDS AND UES HUIhL,, .Um+ crimination in employment clause, and the Commission found discrimination occurred, the Commission could certify that finding to the City administration. The City could then proceed to withhold funds until corrective action by the contractor had been taken or terminate the contract completely. Section 10.2.16A(c) indicates that certifying a finding of discrimination to the appropriate agency can be taken in addition to other remedies. 15. Page 18 Delete the current "B" under 10.2.16 (Section is lined out) and replace with new "B." This amendment clarifies the procedure for dismissing a complaint after a public hearing where no discrimination was found. PART II: AMENDED STATE STATUTE PROVISIONS NOT RECOMMENDED BY THE IOWA CITY HUMAN RIGHTS COMMISSION FOR INCLUSION IN THE LOCAL ORDINANCE. Provision 16. Right to sue release. The amended State Statute permits the Iowa Civil Rights Commission to issue, under certain circumstances, a right to sue for the individual complainant. Once a right to sue letter is issued, the enforcement agency's investigation stops. The individual can proceed with a private action in District Court. There is no comparable provision in the local ordinance. Although the Iowa City Human Rights Commission strongly feels this is an important right for the individual complainant, the Commission did not recommend the inclusion of this provision in the local ordinance for two reasons. First, the amended State Statute and the State Commission's administrative rules do not address what impact a local release would have on a state or federal investigation. (A clarification has been requested from the Executive Director of the Iowa Civil Rights Commission but not received). If the local Commission issues a right to sue, a state or federal investigation may be jeopardized and the rights of the individual more seriously damaged than if no right to sue is available at the local level. Secondly, since all local complaints are reported to the State Commission, the complainant could request a right to sue letter from the State Commission. Only in those limited circumstances where protection from discrimination is not afforded by the State Statute, such.as sexual orientation, would the complainant not be able to receive a right to sue letter. However, a complainant has the right to retain a private attorney during the course of the complaint. MICROFILMED BY f'Y I JORM MICR+LA.B i CEDAR RAPIDS • BES MOINES 1 1 . I 1 I _I T f;jILROIALMED BY JORM MICROLAB CEDAR RAPIDS AND UES HUIhL,, .Um+ crimination in employment clause, and the Commission found discrimination occurred, the Commission could certify that finding to the City administration. The City could then proceed to withhold funds until corrective action by the contractor had been taken or terminate the contract completely. Section 10.2.16A(c) indicates that certifying a finding of discrimination to the appropriate agency can be taken in addition to other remedies. 15. Page 18 Delete the current "B" under 10.2.16 (Section is lined out) and replace with new "B." This amendment clarifies the procedure for dismissing a complaint after a public hearing where no discrimination was found. PART II: AMENDED STATE STATUTE PROVISIONS NOT RECOMMENDED BY THE IOWA CITY HUMAN RIGHTS COMMISSION FOR INCLUSION IN THE LOCAL ORDINANCE. Provision 16. Right to sue release. The amended State Statute permits the Iowa Civil Rights Commission to issue, under certain circumstances, a right to sue for the individual complainant. Once a right to sue letter is issued, the enforcement agency's investigation stops. The individual can proceed with a private action in District Court. There is no comparable provision in the local ordinance. Although the Iowa City Human Rights Commission strongly feels this is an important right for the individual complainant, the Commission did not recommend the inclusion of this provision in the local ordinance for two reasons. First, the amended State Statute and the State Commission's administrative rules do not address what impact a local release would have on a state or federal investigation. (A clarification has been requested from the Executive Director of the Iowa Civil Rights Commission but not received). If the local Commission issues a right to sue, a state or federal investigation may be jeopardized and the rights of the individual more seriously damaged than if no right to sue is available at the local level. Secondly, since all local complaints are reported to the State Commission, the complainant could request a right to sue letter from the State Commission. Only in those limited circumstances where protection from discrimination is not afforded by the State Statute, such.as sexual orientation, would the complainant not be able to receive a right to sue letter. However, a complainant has the right to retain a private attorney during the course of the complaint. MICROFILMED BY f'Y I JORM MICR+LA.B i CEDAR RAPIDS • BES MOINES F1ICROFILMED BY JORM MICROLAB . � 5 CEDAR RAPIDS AND UES MU14, iuv.n i It is the Iowa City Human Rights Commission's opinion that, at this time, due to the ambiguity of this provision in the State Statute, it would not be i advantageous to pursue a right to sue provision for the local ordinance. 17. Areas of Coverage. The state defines the powers of the state Commission in greater detail than i the City. However, the Commission feels our language is sufficient. 18. Initial Finding of Cause. Under a major change in the Statute, the Iowa Civil Rights Commissioners will no longer make the initial finding of probable cause or no probable cause. A i "! hearing officer will make the determination of cause after an investigation by a staff member. If the hearing officer finds cause to believe discrimination occurred, a State Commission staff person will attempt to conciliate the complaint. If the complaint is not conciliated, a'State Commissioner will then serve as a public hearing officer. The Iowa City Human Rights Commission does not propose modification of its current procedure. Currently, the staff conducts an investigation. Those Commissioners assigned to a particular complaint determine whether discrimination occurred. The same Commissioners then attempt to conciliate the complaint if a finding of discrimination was made. If the complaint is. not successfully conciliated, the complaint may proceed to public hearing. A Commissioner, who has no knowledge of the facts of the complaint, will then serve as the hearing officer. The legal staff's opinion to the Commission was that it would not be necessary to change the current procedure. 19. I Conciliation Bypass. The amended State Statute also provides that the Executive Director of the State Commission, with approval by a Commissioner, can bypass conciliation after 30 days, under certain circumstances, and proceed to public hearing. The City ordinance provides that if conciliation fails after 90 days, the Conciliation Team will report the failure to conciliate and recommend what further' action should be taken, including proceeding to a public hearing. The two procedures are substantially the same. 20. Referral Relationship. Finally, the amended State Statute provides for a referral relationship between local Commissions and the State Commission in addition to a deferral relationship or no formal relationship. Referral and deferral relationships must be approved by the State Commission. Currently, the Iowa City Human Rights Commission has no formal relationship with the State although the local Commission notifies the State of the status of all complaints filed locally. 141CROFILMED BY JORM MICR4LAB CEDAR RAPIDS • DCS MOINES IQICROFILMED BY JORM MICROLAB 6 CEDAR RAPIDS AND U=S hIU1NL3, iu'e- Under a deferral relationship, the State will wait for the local Commission to conduct an investigation; the local Commission may investigate a complaint, make a finding, and close a complaint. However, its finding and resolution are not binding on the State Commission. Under a referral relationship, an individual may file a discrimination complaint with only the State Commission or the local Commission. The individual may not file the same complaint at both levels. If the complaint is filed with a local Commission, the finding is binding on the State Commission. The State Commission could not reinvestigate the complaint. The Iowa City Human Rights Commission is not pursuing a referral relationship with the State Commission. The Commission feels that a referral relationship might restrict the complainant's ability to obtain a remedy. Furthermore, the Iowa City Human Rights Commission has not received proposed administrative rules regarding referral relationships, although requested, to fully evaluate the relationship. In addition, it is not clear what the effect of a referral status would be on our relationship with the Equal Employment Opportunity Commission. In summary, the proposed changes are intended to make the City ordinance consistent with Chapter 601A, the State Civil Rights Law. We recommend the adoption of all of the substantive changes and the adoption of those procedural changes which seem applicable to local Commissions. Since certain provisions are ambiguous with regard to their applicability to local Commissions, we will keep you informed of any interpretations which may merit your consideration. bdw 114 CRODILMED BY DORM MICR+LAB j CEDAR RAPIDS • DES MOINES i (xj a i I i I i i IQICROFILMED BY JORM MICROLAB 6 CEDAR RAPIDS AND U=S hIU1NL3, iu'e- Under a deferral relationship, the State will wait for the local Commission to conduct an investigation; the local Commission may investigate a complaint, make a finding, and close a complaint. However, its finding and resolution are not binding on the State Commission. Under a referral relationship, an individual may file a discrimination complaint with only the State Commission or the local Commission. The individual may not file the same complaint at both levels. If the complaint is filed with a local Commission, the finding is binding on the State Commission. The State Commission could not reinvestigate the complaint. The Iowa City Human Rights Commission is not pursuing a referral relationship with the State Commission. The Commission feels that a referral relationship might restrict the complainant's ability to obtain a remedy. Furthermore, the Iowa City Human Rights Commission has not received proposed administrative rules regarding referral relationships, although requested, to fully evaluate the relationship. In addition, it is not clear what the effect of a referral status would be on our relationship with the Equal Employment Opportunity Commission. In summary, the proposed changes are intended to make the City ordinance consistent with Chapter 601A, the State Civil Rights Law. We recommend the adoption of all of the substantive changes and the adoption of those procedural changes which seem applicable to local Commissions. Since certain provisions are ambiguous with regard to their applicability to local Commissions, we will keep you informed of any interpretations which may merit your consideration. bdw 114 CRODILMED BY DORM MICR+LAB j CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES NUINL�, :u i ;I ORDINANCE NO. 77-2830 AN ORDINANCE DEFINING AND PROHIBITING CERTAIFI DISCRIt4 INATORY PRACTICES IN Eh1PL0YMFNP, HOUSING, PUBLIC ACCDMD- DATIONS,'AND CREDIT TRANSACTIONS, ESTABLISHING A IIIM RIGITS CONMISSION, PROVIDING PRD=URFS FOR INVFSTIGA- TION AND CONCILIATION OF CCNiPIATNTS, PROVIDING FOR PUBLIC HEARINGS IN CONTESTED CASES, AND FUMER PROVIDING FOR JUDICIAL REVIEW OF ORDERS OF THE COWUSSION. IT ORDAINID BY THE COUNCIL OF Z1BE CIT7f OF TMM �TMV IOS�. SECTION I. ADOPTION. There is hereby adopted for the City of Iowa City, Ioa:a,.the following provisions, numbered 10.2.1 through 10.2.19, inclusive, relating to certain discriminatory practices and their abatement! 1 141CROFILMED BY JORM MICR+LAFJ "} CEDAR RAPIDS • DES MOINES 2277 I.IICROFILMED BY JORM MICROLAB • CEDAR RAPIUS AND UES MuiiiL„ iuru. . r -•I CHAPTER 10.2 HUMAN RIGHTS OWISSICN 10.2.1 Declaration of Purpose 10.2.2 Powers of the Camnission 10.2.3 Definitions 10.2.4 Discriminatory Practice - Employment 10.2.5 Discriminatory Practice - Housing Transactions i 10.2.6 Discriminatory Practice - Public AcccrOodations or Services {; 10.2.7 Discriminatory Practice - Credit Transactions # 10.2.8 Discriminatory Practice - Aiding or Abetting 10.2.9 Discriminatory Practice - Retaliations or Repraisals ; i 10.2.10 Report of Discriminatory Practices e 10.2.11 Investigation of Complaints 1 } 10.2.12 Results of Investigation - Action to be taken f} 10.2.13 Conciliation i 1 10.2.14 Proceedings upon Failure to Conciliate i 10.2.15 Notice and Hearing 10.2.16 Findings and Order 10.2.17 Judicial Review - Enforcenent 10.2.18 Hunan Rights Omodssion - Structure 10.2.19 Public Records I 2 141CROFILI4CO BY .I JORM MICR#LAB i CEDAR RAPIDS • DES MOINES ■ (,A ILROF ILMLU BY JORM MICRULAB LLUAR RAVID� ANU JLs :1wilu, rte. Chapter 10.2 HIJMAN RIGHTS COMMISSION 10.2.1 Declarations of Purpose It is the purpose of this ordinance to protect citizens of Iowa City against discrimination as defined in this ordinance. To achieve that end, this ordinance establishes the Iowa City Human Rights Carmission whose duty it shall be to dis- seminate information and provide the mediation, conciliation and enforcement necessary to further the goals of this ordinance and to protect citizens from unfounded charges of discriminatory practices. Moreover, this ordinance provides for execution within the City of Iowa City of the policies of the Civil Rights Act of 1964 and the Federal Civil Rights Acts and the promotion of cooperation between the City of Iowa City and the State and Federal agencies enforcing these acts. ' 10.2.2 Powers of the Conmdssion -}Q EteX'YmtiYle yp,(�V`LiS A. To receive, investigatenW" n res3 o1 camp ai ffs OT-di-Oriminatien or complaints alleging discriminatory practices, as provided in this ordinance. B. To investigate and study the existence, character, causes, and extent of discrimination in the areas covered by this ordinance and eliminate discrim- ination by education, conciliation, and enforcement where necessary. C. To issue publications and reports of the research and investigations of the commission subject to the limitations of confidentiality. D. To prepare and transmit to the City Council from time to time, but not less i often than once each year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered, and the other work performed by the oomnission. 1 E. To make recommendations to the City Council for such further legislation concerning discrimination as it may deem necessary and desirable. F. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this ordinance, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and other intergroup tensions. G. To adopt guidelines by which to determine whether any conduct, behavior, or action may properly be deemed a discriminatory practice. H. To make recommendations to the City Manager and City Council regarding the affirmative action program of the City and to offer assistance to City depart- ments as will insure fair employment procedures and the provision of City services without bias. i 3 MICROFUMED BY ,I JORM MICR+LAB CEDAR RAPIDS • DES MOINES I MICROFILi'IEU BY JORM MICROLAB OEOAR RAPIDS AND ULS MU:NU, 1w111 10.2.3 Definitions tLeta, Qe N A. "Ago" means d'isc'riminatory practices 1.( mLrd persons 'C�{ LS b��ACL/wr kV IdPi CIMS �1aYri-E�.u7.5S �Et'SUY�- 13. "City Attorney" shall mean the duly appointed uttorney for the City of Iowa City or such person designated by him/her. C. "Commission" shall mean the Iowa City Human Rights Commission. D. "Complainant" means a person who has filed a report of discrimination as i provided for by 810.2.10 of this ordinance. L'. "Complaint" means a report of discrimination as provided for by 810.2.10 of this ordinance. F. "Conciliation Team" shall mean a team of two members or more of the Cmmission found. appointed to conciliate cases on which probable cause has been G. "Court" means the District Court in and for the judicial district of the discriminatory practice occurred State of Iowa in which the alleged unfair or I or any judge of said court if the court is not in session at that time. H. "Credit transaction" means any open or closed end credit transaction including but not limited to a loan, retail installment transaction, credit card issue or charge, and whether for personal or for business purposes, in is imposed, or which provides which a service, finance, or interest charge for repayment in scheduled payments, when such credit is extended in the regular course of any trade or camlerce. I. "Disability" means the physical or mental condition of a person which constitutes a substantial handicap, but is unrelated to such person's ability to engage in a particular occupation or transaction. I J. " ftloyee" includes every person who works for wages, salary, or carmissions the term also includes those who or any combination thereof, and in context are seeking or applying for employment. K. "Dnployer" includes all persons, firms, or corporations, wherever situated, solicit individuals who.mmploy one or more employees within the City, or who the City or elsewhere: publicthe within the City to apply for emllrloyrrlent within term includes the City itself, and all other political subdivisions, corporations, governmental units conducting any activity within the City, and public agencies or corporations. L. "Eknploymment Agency" means any person undertaking to procure employees or opportunities to work for any other person. M. pbeousedraslaepeaimanent whichiis usedapable ofnbeing used, orrintendeduto residence or sleeping place for one or more persons whether by or temporary sale, lease, or otherwise. It specifically includes lots suitable for single or multi -family residential development. 4 \I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DCS 1401NES m•11CROFILMED BY JORM MICROLAB CEDAk RAPIDS AND UES MU:i1� ;u..• N. 910using Transactfo.. moans the sale, oxchnngo, rent or lease of real property or housing accommodation and the offer to sell, exchange, rent or Ionic real property. I. t1. "Investigator" means a person appointed by the City Halogen with the consul- tation of the commission, to investigate complaints filed in accordance with this ordinance. P. "labor Organization" means any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. Q. "I'erson" means one or more individuals, partnerships, associations, corpora- tions, legal representative, trustees, receivers, the City of Iowa City, Iowa, or any board, commission, department, or agency thereof, and all other govern- mental units conducting any activity in the City. R. "Public Accommodation" means a) either each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, b) each and every place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accom- modation if the accommodation receives any substantial governmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for fee or charge or gratuitously, it shall be deemed a public accommodation during such period. S. "Respondent" means a person who is alleged to have committed an act prohibited by this ordinance, against who a complaint has been filed, as provided by this ordinance. T "Sexual Orientation" means the status of preferring a relationship of affection or a sexual relationship with a consenting adult of the same sex or with a con- senting adult of the opposite sex. Por example, protection on the basis of sexual orientation would prohibit an employer from firing a person solely for the reason that the person stated he was homosexual or heterosexual. It would not limit an employer from dictating rules of conduct in the expression of affection between employees. 10.2.4 Discriminato Practice ip oyment A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employment, or to otherwise discriminate in employment against any other person or to discharge any employee because of race, color, creed, religion, national origin, age,sex, sexual orientation, marital status, or disability unless such disability is related to job per- formance of such person or employee. B. It shall be unlawful for any labor organization to refuse to admit to member- ship, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprenticeship or training or any member in the privileges, rights, or benefits of such membership, apprenticeship or training because of race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability of such applicant or member. 5 Rio- " �`•Ka MICROFILMED BY ' JORM MICR¢LAE3 i cFDAR I?APIDS • DES MOINES 1;1ILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES ['101:aj, lura: C. It shall he unlawful for any employer, omploymerit agency, labor organization, or the employees or members thereof to directly or indirectly advertise or in :lily other planner indicate or publicize that individuals arc unwelcome, objec- tionable, or not solicited for employment or membership because of race, creed, color, national origin, age, religion, sex, marital status, sexual orientation, or disability. Exceptions: 1. An bona fide eligious ins itution with Xespect to any Nualificakions for empl nt base on religion hen such qua fications are\related Lip a bode religNos purpose. f• Any bona fide religious institution or its educational facilit i association, corporation or society with respect to any quaZ'tfications for employment based on religion when such qualifications are related to a a bona fide religious purpose. A religious qualification for instructional ! personnel or an administrative officer, serving in a supervisory capacity 1 of a bona fide religious educational facility or religious institution, j shall be presumed to be a bona fide occupational qualification: j 2. Anemployer or em 1 i employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employment or offer of employment shall not, however, discriminate among the disabled or elderly on the basis of race, color, creed, religion, national origin, age, sex, marital status, and sexual orientation. I 3. The employment of individuals for work within the home of the employer if the employer or members of his family reside therein during such employment. 4. The employment of individuals to render personal service to the person of the employer or members of his family. i 5. To employe on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupa- tional qualification shall be interpreted narrowly. I I 6. Notwithstanding the provisionrof this section, a state or federal program designed to benefit a specific age classification which serves a bona fide public purpose shall be permissible. I i 7. This section shall not apply to age discrimination in a bona fide apprenticeship employment program if the employee is over forty-five years of age. I i Y- ,�Y•��y MICRDrILMED BY JORM MICR+LAS CEDAR RAPIDS DES MOINES I4lCROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU1NE;, ;Uf," 10,2,5 Discriminatory Practice Housing A. It shall be unlawful for any person to refuse to engage in a housing trans- action with any other person because of race, color, creed, religion, national origin, age, sex, or disability. B. It shall be unlawful for any person to discriminate against any other person because of race, color, creed, religion, national origin, age, sex, or disability in the terms, conditions or privileges of any real estate transaction. C. It shall be unlawful for any person to directly or indirectly advertise, or in any other manner indicate or publicize in any real estate transaction that any person because of race, color, creed, religion, national origin, age, sex, or disability is unwelcome, objectionable, or not solicited. D. To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation, because of the race, color, creed, religion, sex, disability, age or national origin of persons who may from time to time be present in or on the lessee's or owner's premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. — — ILE Exceptions: 1. Any bona fide religious institution with respect to any qualification it may impose based on religion when such qualifications are related to a bona fide religious purpose. 2. The rental or leasing of four (4) or fewer rooms within an owner -occupied roaming house in which renters pass through the owner's living area. 3. Restrictions based on sex in the rental or leasing of housing accomno- dations by nonprofit corporations. 4. Restrictions based on sex in the rental or leasing of housing acoamlo dations within which residents of both sexes would share a eamlon bathroan facility on the same floor of the building. 5. This ordinance does not create an affirmative duty to remove barriers for the handicapped in the excess of the requirements of Chapter 104A, Iowa Code. 6. Housing accomodations may be designated specifically for the elderly and disabled. However, housing aceanodations may not be restricted among the elderly and disabled on the basis of race, color, creed, religion, national origin, or sex. —7— Y'. 141CROFILMED BY DORM MIC R+LAB CEDAR RAPIDS • DES MOINES Y A. B. MILRUFILMEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUPIL,, 10+11 person to It shall be unlawful for any pe deny any other p-eson the full andfacilities, privileges, advantages equal enjoyment of the goods, services, of any place of public accommodation because of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, or disability. It shall be unlawful to directly or indirectly advertise or in any other manner indicate or publicize that the patronage of. persons is unwelcome, objectionable, or not solicited because of race, color, creed, religion, national origin, age, sex, sexual orientation, marital status or disability. C. Exceptions: 1. This section shall not apply to any bona fide religious institution with respect to any qualifications the institution may inq�ose based on religion when such qualifications are related to bona fide religious purpose. 2, public accommodations odations may be designated specifically for the elderly and disabled. However, public acemn:)dations religi, may not be restricted onn, ng the elderly and disabled on the basis of race, color, creed, national origin, sex, marital status or sexual orientation. 10.2.7 Mscrindnato Practice dit Transactions A. It shall be unlawful for any creditor to refuse to enter into any credit transaction or to inWse finance charges or other terms or conndisomore onerous than those regularly extended by that creditor to applicants use of race, color, creed, religion, similar economic baokgrouads beca national origin, age, sex, marital status, sexual orientation, or physical disability. r-� VP f6c B. Person authorized or licensed to do business in this state pursuant to Chapter 524, 533, 534, 536, or 536At to refuse to loan or to extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex Ota physical disability ff dU{,Cc,R.e WI C. Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, r, s creditor marital status, age, physical disability loo+ sexgf, Be usa y th(",ku-6 ' to offer credit lij ealth and accident) insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice of such denial is based solely upon na fide underwriting consideration no prohibited by Title XX. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter. ), Exceptions. Refusal by a creditor offer credit life or health and or physical disability of the V accident insurance based upon the age consumer shall not violate the provisions of this section provided such denial is based solely upon bona fide underwriting considerations not prohibited by Title XX Code of Iowa. The provisions of this section shall not be construed by negative implica tion or otherwise to narrow or restrict any other provisions of this ordinance. MICROFILMED BY .,.I i JORM MICR+LAB CEDAR RAPIDS • DES MOIMES i f•IICROFILMLD BY JORM MICROLAB CEDAR RAPIDS AND DES MUINL;, iUh+ 10,2,8 Discriminatory actice Aiding or Abetting ! It ~hall tx: a violation of this ordinance for any person to Intentionally aid, alx,t, crIpol, or coerce another person to en{,rage in any of the practices declared j to umstitute discriminatory practices by this ordinance. i 10.2.9 Discrnator Practice Retal at ons or prisals It shall be a violation of this ordinance for any person to discriminate against another person because such person has either lawfully opposed any discriminatory practice forbidden by this ordinance, obeyed the provisions of this ordinance, or has filed a complaint, testified, or assisted in any proceeding under this ordinance. 10.2.10 Report of Discriminatory Practices 1 A. The following procedures are the only authorized methods for reporting a discriminatory practice to the commission: 1. Any person claiming to be aggrieved by a discriminatory practice within the City limits of Iowa City, Iowa may by himself/herself or by 1 j his/her attorney, make, sign, and file with the commission a verified j written complaint which shall state the name and address of the person, employer, employment agency, or labor organization alleged to i have committed the discriminatory or unfair practice of which cao- plained, shall set forth the circunstances under which the discrim� inatory practice took place, the date, and shall contain such other ;. ._ information as may be required by the connission. 2. The commission, a commissioner, a city attorney, the Iowa Civil Rights Commission, or any other person aware of the existence of a discriminatory practice may in like manner make, sign, and file such complaint. 1�CVn B. Any complaint filed under this ordinance shall be so filed within X96 days after the most recent act constituting the alleged discriminatory practice. C. A verified copy of a canplaint filed with the Iowa Civil Rights Comnission under the provisions of Chapter 601A, Code of Iowa, or EEOC shall be a sufficient complaint for the purpose of this ordinance, if it alleges either in the text thereof or in accompanying staternents that the alleged discriminatory practice occurred within this City. 10,2.11 Investigation of Complaints A. After the filing of a complaint, a true copy thereof shall be premptly servedoy registered mail to the person against whom the coWlaint is filed. Then a commissioner, the investigator, or another duly authorized a� 5 meniber,of the commission's staff, shall make a prampt investigation of the complaint. XI �w I4IOROFILMED BY DORM MICR+LAB ! MAR RAPIDS • DES MOVIES bbl kUfiLMED BY JORM MICROLAB CEDAR RADIUS AND DLS AUii+u J V..I B. Upon application tl,_ commission may issue subpcxvlea .erluiring a party to appear or to produce txmoks, doWnents, and records which may bo relevant to the alleged discriminating practice, if it finds the following to be true: The commission may issue subpoenas (1) The subpoena is necessary to carry out a public hearing of the 03lmissonl or (2) The respondent fails to Provide information wlthoutspeciYice�mteilals�tlon and the Investigator is unable to proceed C. The investigator shall determine whether probable cause exists to beeve hand at the person charged in the complaint has committed a discriminat°rY practice shall file a detailed report with the city attorney. After completion of this determination, the city attorney shall send to the camlission, a written statement of reasons as Oe�er or not alleged bylthe usecomexists to believe that a discriminatory practice D. At any time after the initial filing of a complaint of unfair or discriminatory I practice, but before the Investigator's recommendation to the city attorney, the investigator may seek a disposition of the complaint thru the use of Pre - the investigator settlement if such settlement is in the interest of the complainant• detpre-determination nation et bmme(s) a cclommission in ect texecutive o review sess on.y the attorney and l be 10.2.12 Results of Investigation Action to be Taken A. Finding - No Probable Cause: 1. If the investigator fair'Doraiscr�usenaorybelieve practiet and person charged has comm be/she shall report the same to the attorney concurs with ted olaomlUers of the commission agree that no probable i ca se does If designs certified cause does exist, it shall notify the parties in writing by mail, return receipt requested, of the findings and of robab�claaina complainant's right to appeal therefrom. If they disagree as to no p shall make the final determination on probable cause and P as provided in this chapter. 2. If the cc days fails to object to the finding of no probable cause within ten days o secretary oYhtheittenotice,hall reportthe sion this finding close the case• The On to the Iowa Civil Rights Commission. 3, If the cc objects in writing to the finding of no probable cause within ten days of receipt of such written notice, the designated members of the commission shall hear his/her evidence in executi�e�secirrgged If they again find no probable cause °they believe thatll the a the case closed. comnitted a discriminatory practice, appeal,After f they find probable cause to exist, they shall proceed as provided i ME 141CROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS • DFS MOINES 4 t MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MUIHL�), iUwn It the investigator and city attorney disa&'oe as to probable cause.4he designated nlanbers of the Qarmishall makhis Btho final determination on probable cause and proceed as provided in Finding -probable Cause: 1. If the investigator finds probable cause to believe that the Persony acharged rn has urscarmitted that an unfair othendiscriminatory mmembers oftice 'the mTnissionand the itdesignated concurs in that finding, as tion conciliators cause exists before proceecedingtion twith ethe owhetherconciliation. 2. Upon the finding of probable cause to believe that the person charged has cc mitted a discriminatory practice, a conciliation team shall promptly endeavor to eliminate such discriminatory or unfair practice by conference, conciliation, and persuasion in accordance with renedies provided in . Section 10.2.16. -II- td ICROFILM JORM M11 CFDIIR RAPIDS M1UtOFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES I'lUihu, .Unr. I 10.2.13 Conciliation A. Results of Conciliation: 1. If the conciliation team is able to effectuate a disposition agreeable to the complainant, the person charged, and the ccrtmission, such disposition shall be reduced to a written stipulation and executed by the parties and the agreement reported to the comnission. 2. If the person charged and the conciliation team agree to a disposition but the complainant fails to agree, the team shall report the matter to the designated members of the c emission in executive session. If the designated members of the commission accept the conciliation agreement presented by the conciliation team and the person charged, they shall close the case I (subject to continuing supervision of the charged party as provided in the agreement) and communicate the terms of the agreement to the Iowa Civil Rights Commission. This shall not prevent the complainant fran taking other action as provided by law. If however, they reject the conciliation agreement, they may direct that further attempts at conciliation be made or proceed as provided in this chapter. 3. If the complainant and the person.charged reach a mutually agreeable disposition of the complaint, but the conciliation team does not wish to �.: ratify such agreement, the complainant and the person charged may proceed according to the terms of their agreement with no further involvement by the conciliation team and the cammission shall thereafter close the case. Such action shall not, however, in any way prevent the cenmission as a non- party to the agreement entered into between the complainant and the person charged, from subsequently filing a new ccaplaint against the, person charged concerning the same alleged discriminatory practice. i B. The terms of a conciliation agreement reached with the respondent may require him or her to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement, to take remedial action as in the judgment of the commission will carry out the purposes of this Act, and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the court in which it is filed, upon a showing by the commission of the violation at any time within six months of its occurrence. In all cases where a conciliation agreement is entered into, the commission shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the commission deems proper. At any time in its discretion, the commission may investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being compiled with by the respondent, the commission shall take appropriate action to assure compliance. _0a MICROFILMED BY DORM MICR+LAB CFDAII RADIOS . DES MOPIES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINL�), iuwm- I iate 10.2.14 Proceedi�e upon Failure t° �ncil A. If the conciliation team is unable to effectuate a disposition agreeable to the parties within 90 days, it shall file a report of no conciliation with the designated mad)ers of the commission and recamiend what further action as provided herein should be taken. sindlarily, they t he nae ted m8nbers action the Mesion reject the conciliation awn , . as provided herein shall be taken. —13 - MICROFILMED BY j 1 DORM MICR+LAB I CEDAR RAPIDS • DES MOINES I:1ICROFILMLD BY JORM MICROLAB CEDAR RAPIDS AND UES M01hL,, iun� Y- B, A conciliation team nay reoonmend: 1. that no further action be taken thus closing the case. 2, that the commission cause to be served a written notice requiring the respondent to answer the charges of such complaint at a hearing before the commission. 10.2.15 Notice and Hearing j A. In case of failure to satisfactorily settle a complaint by conference c)nciliation, and persuasion, the camnission may issue and cause to be served a written notice together with a copy of such complaint, as the same nay have been amended, requiring the person charged to answer such complaint in writing within ten days after the date of such notice or within such extended time that the commission may allow. i B. When the conciliation team is satisfied that further endeavor to conciliate shall be futile, the team shall report the same to the commission. If the commission determines that the circumstances warrant, it shall issue and cause to be served a written notice requiring the person charged to answer the charges of such complaint at a hearing before the commission or such other person designated by the commission to conduct the hearing, hereafter referred to as hearing examiner, and at a time and place to be specified in such notice. C. The case in support of such complaint shall be presented at the hearing by the city attorney or his/her agent. The members of the commission who investigated or attempted to conciliate the complaint shall not participate in the hearing except as a witness nor shall they participate in the deliberations of the commission in such case. D. The person charged may file a written verified answer to the complaint, and i may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the hearing examiner, a complainant nay be allowed to intervene and present testimony in person or by counsel. E. When the person charged has failed to answer a complaint at a hearing as provided by this section, the commission may enter his/her default. For good cause shown, the commission may set aside an entry of default within ten days after the date of such entry. If the person charged is in default, the commission may proceed to hear testimony adduced upon behalf of the the commission ion ne enter such complainant. After hearing such testimony, Y order as in its opinion the evidence warrants. F. The commission or the complainant shall have the power to reasonably and fairly amend any complaint and the person charged shall have like power to amend his/her answer. G. The commission shall not be bound by the strict rules of evidence pre- vailing in courts of law or equity but the right of cross-examination shall be preserved. Plaintiffs shall bear the burden of proving the allegations Y I41CROFILIIED BY m JORM MICR+LAB CEDAR RAPIDS • OGS MDIMES i MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS A11D UES MU1NL�,, luvi+ in the complaint. The testimony taken at a hearing shall be under oath, recorded, and, if ordered by the commission, tr;uiscrihed. 10.2.16 Pindings and Order A. f, upon taking into cons eration all the evi ence at a he ing, the c ission shall find that respondent has en ed in or is engaging in, any discriminatory or unfai practice as defined '\teMent, chap er, the come sion shall state its fi ding of fact and shue and cause to be sery on such person charg an order requiringperson o cease and desist om such discriminatory r unfair practiceo take s ch affirmative action, lading, but not limit to, hiring, reient, or pgrading of the enpyees, with or without ack pay, the reof appli ants for employmentb any respondent emplo ent agency, thLance or storation td membership y any respondents lab or organizat admissi to or continuation in nrollment in an appre ticeship pron the job t aining program, the pos g of notices, and th making ofts a to the er of compliance, as the judgment of the issiol eff tuate th purposes of this chftter. s i i I MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS A11D UES MU1NL�,, luvi+ in the complaint. The testimony taken at a hearing shall be under oath, recorded, and, if ordered by the commission, tr;uiscrihed. 10.2.16 Pindings and Order A. f, upon taking into cons eration all the evi ence at a he ing, the c ission shall find that respondent has en ed in or is engaging in, any discriminatory or unfai practice as defined '\teMent, chap er, the come sion shall state its fi ding of fact and shue and cause to be sery on such person charg an order requiringperson o cease and desist om such discriminatory r unfair practiceo take s ch affirmative action, lading, but not limit to, hiring, reient, or pgrading of the enpyees, with or without ack pay, the reof appli ants for employmentb any respondent emplo ent agency, thLance or storation td membership y any respondents lab or organizat admissi to or continuation in nrollment in an appre ticeship pron the job t aining program, the pos g of notices, and th making ofts a to the er of compliance, as the judgment of the issiol eff tuate th purposes of this chftter. 111LROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOItah, iuvb �Y A. If upon taking into consideration all of the evidence at a hearing, the commission determines that the respondent has engaged in a discriminatory or unfair practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, and complainant, and to any other public officers and persons as the commission deems proper. a. For the purposes of this subsection and pursuant to the provisions of this chapter "remedial action" includes but is not limited to the following: 1. Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. 2. Admission or restoration of individuals to a labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. 3. Admission of individuals to a public accomodation or an educational insititution. 4. Sale, exchange, lease, rental, assignment or sublease of real property to an individual. 5. Extension to all individuals of the.full and equal enjoyment of the advantages, facilities,.privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice. 6. Reporting as to the manner of compliance. 7. Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission and inclusion of notices in advertising material. 6. Payment to the complainant of damages of an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees. 7 MICROFILMED BY 4 LAB JORM MICR+ 1 CFDAR RAPIDS • DES MOWS 1 I I i I. >I i i i ' 1 111LROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOItah, iuvb �Y A. If upon taking into consideration all of the evidence at a hearing, the commission determines that the respondent has engaged in a discriminatory or unfair practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, and complainant, and to any other public officers and persons as the commission deems proper. a. For the purposes of this subsection and pursuant to the provisions of this chapter "remedial action" includes but is not limited to the following: 1. Hiring, reinstatement or upgrading of employees with or without pay. Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable. 2. Admission or restoration of individuals to a labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, with the utilization of objective criteria in the admission of individuals to such programs. 3. Admission of individuals to a public accomodation or an educational insititution. 4. Sale, exchange, lease, rental, assignment or sublease of real property to an individual. 5. Extension to all individuals of the.full and equal enjoyment of the advantages, facilities,.privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice. 6. Reporting as to the manner of compliance. 7. Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission and inclusion of notices in advertising material. 6. Payment to the complainant of damages of an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees. 7 MICROFILMED BY 4 LAB JORM MICR+ 1 CFDAR RAPIDS • DES MOWS 1 ! a �i i 1 -I I tmICROFILMED BY JORM MICROLAB CEDAR RAPIDS ANU ULS KOIIIL�, iuv� b. In addition to the remedies provided in the preceeding provisions of this subsections, the commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the commission wiZl carry out the purposes of this chapter as follows: 1. In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfairx practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the repondent or by an officer or executive agent acting within the scope of his or her employment, the commission shall so certify to the licensing agency. Unless the commission finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the licensing agency. If a certification is made pursuant to this subsection, the licensing agency may initiate licensee disciplinary procedures. 2. In the case of a respondent who is found by the commission to have engaged in a discriminatory or unfair practice in the course of performing under a contract or subcontract with the state or political subdivision or agency, if the practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his or her employment, the commission shall so certify to the contracting agency. Unless the commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency. 3. Upon receiving a certification made under this subsection, a contracting agency may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with the provisions of this Act, and assist the state and all political subdivisions and agencies thereof to refrain from entering into further contracts. C. The election of an affirmative order under paragraph b of this subsection shall not bar the election of affirmative remedies provided in paragraph a of this subsection. Yom• �tl�""' IIICAOFILMED BY DORM MIOR#LAB ! CEDAR RAPIDS • DES MOINES 4 I -I CROFILMED BY JORM MICROLAB CEDAR RAPIDS AU UES I•IUll+L-�, ,UW1 R. f, taking into onsideration al of the evidence at a hearing,%ny ccm- m'ssion shall fin that the pers charged has not engaged in scrim- ntoryorunfair acticethe c fission shall s e its findif fact and hall issue and Buse to be se ed an order on th complainant and the perso or dismis g the compla' t. B. If, upon taking into consideration all of the evidence at a hearing, the commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the commission shall issue an order denying relief and stating the findings of fact and conclusions of the commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. 10.2.17 Judicial Review.- Enforcement A. The commission may obtain an order of court for the enforcement of commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of Johnson County. B. Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the person charged. 'Thereupon the commission shall file with the court a transcript of the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the commission, in whole or in part. C. An objection that has not been urged before the commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraodinary circumstances. D. Any party to the enforcement proceeding may move the court to remit the case to the commission in the interest of;'•justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties 4hall show reasonable grounds for the failure to adduce such evidence.before the commission. _it - I 141CROFIL14ED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I I i i I -I CROFILMED BY JORM MICROLAB CEDAR RAPIDS AU UES I•IUll+L-�, ,UW1 R. f, taking into onsideration al of the evidence at a hearing,%ny ccm- m'ssion shall fin that the pers charged has not engaged in scrim- ntoryorunfair acticethe c fission shall s e its findif fact and hall issue and Buse to be se ed an order on th complainant and the perso or dismis g the compla' t. B. If, upon taking into consideration all of the evidence at a hearing, the commission finds that a respondent has not engaged in any such discriminatory or unfair practice, the commission shall issue an order denying relief and stating the findings of fact and conclusions of the commission, and shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. 10.2.17 Judicial Review.- Enforcement A. The commission may obtain an order of court for the enforcement of commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of Johnson County. B. Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the person charged. 'Thereupon the commission shall file with the court a transcript of the record of the hearing before it. The court has the power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the commission, in whole or in part. C. An objection that has not been urged before the commission shall not be considered by the court in an enforcement proceeding, unless the failure or neglect to urge such objection shall be excused because of extraodinary circumstances. D. Any party to the enforcement proceeding may move the court to remit the case to the commission in the interest of;'•justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such parties 4hall show reasonable grounds for the failure to adduce such evidence.before the commission. _it - I 141CROFIL14ED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I MICROFILmEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUI:4L�,, QUA" R. The cormnission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commissions orders. F. The canmi.ssion may appear in court by the City Attorney or his/her designee. G. If no proceeding to obtain judicial review is instituted within 30 days from the service of an order of the commission, the ccmnission my obtain an order of the court for the enforcement of such order upon shaving that the person charged is subject to the jurisdiction of the camnission and resides or transacts business within Johnson County. 10.2.18 Human Rights Canmission - Structure A. MEMBERS. The Iowa City Human Rights Commission shall consist of nine (9) members, appointed by vote of the City Council. Appointees shall serve for a term of three (3) years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appoint- ments shall take into consideration men and women of the various racial, religious, cultural, social and economic groups in the City. 10.2.19 Public Records A. All records of the comnission shall be public, except: 1. Complaints of discrimination, reports of investigations, statements and other documents or records obtained in investigation of any charge shall be closed records, unless public hearing is held. 2. The minutes of any session which is closedpunder the provisions of this ordinance, shall be closed records. B. No melber of the ccmnission or of its staff shall disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion, unless each disclosure is made in connection with the conduct of an investigation. Nothing in this provision shall prevent, however, the connission from releasing such information concerning alleged or acknowledged discriminatory practices to the Iowa Civil Rights CJlmdssion, the United States Civil Rights CaFmission, the Federal pruiVmitis forcarentofcivil rights legislation,organizations whose This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the oomnission or its staff shall constitute grounds for removal. *3- 1 ° 4 �Kyr MICROFILME00Y { JORM MICR+L.AB ErPAR RAPIDS - OES MOINES h1iLROF1LMED BY JORM MICROLAB CEDAR RAPIDS AND DES 14UIN1. IU611 SECrICN II. REPFAIM. Chapter 10.2 of the 1966 Code of Ordinances of Iowa city, Iwa, as iiiiW, (codifying ordinance 12596), and ordinance 12763, and all other Ordinances or parts of ordinances in conflict with the provisions of this Ordinance, are hereby repealed.. SECTICN III. SEVERABILM. If any section, provision or part of the ordi- nance sfii=adjudged to be Uvalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, pro- vision or part thereof not adjudged invalid or unconstitutional, SECrICN IV. EFFECPIVE DATE. This Ordinance shall be in effect after its final passage, approval and pub cation as required by law. It was moved by deProsse and seconded by Perret that the Ordinance be y , and upon roll call, there were: a i AYES: NAYS: ASSENT: x Bauer x deProsse x Fwter x Neuhauser x Perret x Selzer j x Vevera i ATrE9r:� Mayor city CIP First Consideration 3/29/77 Vbte for passage: Ayes: deProsse, Foster, Neutauser, Perret. Second Consideration 4/12 77 Selzer, Vevera, Balmer Vote for passage: Ayes: user, Perret, deProsse, Foster. Nays: Selzer, Vevera, Selmer Date of Publication Passed and gWoved this 19th day, of April , 1977, RECEIVED & APPP.OrD 1 9 DYLTHE LEGAL DEPARTUENT gJ46 2% M Ae -7-1 Id ICROFIL14ED BY t JORM MICR#LAF9 CEDAR RAMS • DES MINES f4ICRUfILMEU BY JORM MICROLAB CEDAR RAPIDS AND ULS I•IUINL�, ;UVIO CIVIL SIGHTS LAW Houde File 2390 An Act amending the Iowa Civil Rights Law. Be it enacted by the O neral Assembly of the State of Iowa: Section 1. Chapter six hundred ses A (BgIA), Code ]977, is amended by adding the following new section: NEw SECTION one hundred twenty -day administrative release 1. A person claiming to be aggrieved by an unfair or discriminamry prac- tice must Initially seek an administrative relief by filing a complaint with the commission in accordance with section six hundred nue A, point fourteen (801A.14) of the Code. A complainant after the proper filing of a complaint with the commission, may subsequently commence an action for relief In the district court It all of the following conditions have been satisfied: s, The complainant has timely filed the complaint with the ctimmlaslon Age provided In subsection fifteen (15) of section six hundred one A palet four. teen (801A.14) of the Coe ; gad 1976 REGULAR SESSION 5614 b. The complaint has been on file with the commialon for at West one bundred twenty days and the commission has taued a release to the ease plalnant pursuant to subsection two (2) of this auction. 2. Upon a request by- the complainant, and after the expiration of one hundred twenty days from the timely filing of.a complaint with the ooaa- mission, the commission shall Issue to the complainant a release stating that the complainant has A right to commence an action In the district court A release under thlx xulsectlon shall not be Joined It a finding of no probable cause has been while an the complaint by the hearing officer charged with that duty under section twelve (12) of this Act, or a conciliationagremaeat has been executed under section six hundred one A point fourteen'(801A.14) of the Cade, or the cemadwloo has served notion of hearing upon the m spondent pursuant to subsectlon six (0) of well" six hundred one A point fourteen (001A.14) of the Code, 3. An action Authorized under this section In barred unless commenced within ninety days after Issuance by the commission of a release under sub section two (2) of this section or within one year after the filing of the aha• plaint, whichever occurs fleet. It a complainant obtains a release from the commlealou under subsection two (2) of this section, the commlsslon shall be barred from further action on that complaint 4. Venue for an action under this section shall be In the county in which the respondent resides or bag Its principal place of business, or In the count) In which the alleged unfair or discriminatory praetice occurred, 5. The district court may Brant any relief In An action under this dee tion which Is Authorized by subsectlon twelve (121 of section six hundred eno A point fourteen I00IA.14) of the Code to be Issued by the caomlalon. The district court may elan award the respondent remnable attar & fees And court costs when the court finds that the compidneriVe action was frivolous. 8, it IN the leglxlative Intent of thin Act that every complaint be At Isar preliminerlly screened during the first one hundred twenty days, Sec. 2, Sectlon six hundred one A point two (801A.2), subsontlon "YIN n Code 1971, is amended to read as follows: practices 7. "Unfair practice" or "dbcrlminamry practice" means Chosen droll ode specified as unfair or discriminatory In sections 601A,6, 601A.7, A point eight (001&8), adz hundred one A point slue (601A.9) of the Coda, 001A,10, and section twenty-two (22) of this ACS. . Bee, l Section six hundred one A point two (46JA4 saYeestiea tea (In, Code 1177, Is amended by adding the following :sew paragraph: i I41CROFICROF ILMEO BY JORM MIC R+LAB CEDAR P.APIOS DCS MOINES ,2,27) rt, P� i I i -I I i I f4ICRUfILMEU BY JORM MICROLAB CEDAR RAPIDS AND ULS I•IUINL�, ;UVIO CIVIL SIGHTS LAW Houde File 2390 An Act amending the Iowa Civil Rights Law. Be it enacted by the O neral Assembly of the State of Iowa: Section 1. Chapter six hundred ses A (BgIA), Code ]977, is amended by adding the following new section: NEw SECTION one hundred twenty -day administrative release 1. A person claiming to be aggrieved by an unfair or discriminamry prac- tice must Initially seek an administrative relief by filing a complaint with the commission in accordance with section six hundred nue A, point fourteen (801A.14) of the Code. A complainant after the proper filing of a complaint with the commission, may subsequently commence an action for relief In the district court It all of the following conditions have been satisfied: s, The complainant has timely filed the complaint with the ctimmlaslon Age provided In subsection fifteen (15) of section six hundred one A palet four. teen (801A.14) of the Coe ; gad 1976 REGULAR SESSION 5614 b. The complaint has been on file with the commialon for at West one bundred twenty days and the commission has taued a release to the ease plalnant pursuant to subsection two (2) of this auction. 2. Upon a request by- the complainant, and after the expiration of one hundred twenty days from the timely filing of.a complaint with the ooaa- mission, the commission shall Issue to the complainant a release stating that the complainant has A right to commence an action In the district court A release under thlx xulsectlon shall not be Joined It a finding of no probable cause has been while an the complaint by the hearing officer charged with that duty under section twelve (12) of this Act, or a conciliationagremaeat has been executed under section six hundred one A point fourteen'(801A.14) of the Cade, or the cemadwloo has served notion of hearing upon the m spondent pursuant to subsectlon six (0) of well" six hundred one A point fourteen (001A.14) of the Code, 3. An action Authorized under this section In barred unless commenced within ninety days after Issuance by the commission of a release under sub section two (2) of this section or within one year after the filing of the aha• plaint, whichever occurs fleet. It a complainant obtains a release from the commlealou under subsection two (2) of this section, the commlsslon shall be barred from further action on that complaint 4. Venue for an action under this section shall be In the county in which the respondent resides or bag Its principal place of business, or In the count) In which the alleged unfair or discriminatory praetice occurred, 5. The district court may Brant any relief In An action under this dee tion which Is Authorized by subsectlon twelve (121 of section six hundred eno A point fourteen I00IA.14) of the Code to be Issued by the caomlalon. The district court may elan award the respondent remnable attar & fees And court costs when the court finds that the compidneriVe action was frivolous. 8, it IN the leglxlative Intent of thin Act that every complaint be At Isar preliminerlly screened during the first one hundred twenty days, Sec. 2, Sectlon six hundred one A point two (801A.2), subsontlon "YIN n Code 1971, is amended to read as follows: practices 7. "Unfair practice" or "dbcrlminamry practice" means Chosen droll ode specified as unfair or discriminatory In sections 601A,6, 601A.7, A point eight (001&8), adz hundred one A point slue (601A.9) of the Coda, 001A,10, and section twenty-two (22) of this ACS. . Bee, l Section six hundred one A point two (46JA4 saYeestiea tea (In, Code 1177, Is amended by adding the following :sew paragraph: i I41CROFICROF ILMEO BY JORM MIC R+LAB CEDAR P.APIOS DCS MOINES ,2,27) bi1LROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES IdUINL3, 1u+.11 NEW PA...+OBAPH " m Publle acconrodatlon" Includes each state and local government unit or tax supported district of whatever kind, nature, or class that otters services, facilities, benefits, grants or goods to the public, gratuitously or otherwise. trued y negative tohlrestrict paragraph any part or portionofthe pre`exist4g delication or otherwise definition of the term "public accommodation". Sec. a. Section six hundred one A point flus (6014-6), subsections two (g) and three (3), Code 1977, aro amended to read as follows: 2 To receive, Investigate, and finally determine the menu of compbe a4 Alleging unfair or dlscrlminatory Practices. & To Investigate and study the existence, character, canoes, and extent of discrimination In public attrommodations, employment, apprenticeship DM grams, on-the-job training programs, vocational schools,- credit Dmcticee, and housing In this state and to attempt the ellmination of such diectim- Ination by education and enceilletion. 664 67th, GENERAL ASSEMBLY Sge. 6. Seot4a six buadred one A po41 six (601A^ Code 1977, 4 tmeo4 ad by adding the following new subsocilon: NEW SUBSECTION This section shall not prohibit diwrimination on the basis nt age If the person subject to the discrimination Is under the age of elghteea yearn, tea' lase that person 4 considered by law to be an adult Bee. 0. Boone,, six hundred one A polel six (601A.6), Code 1977, 4 amend - Ad by adding the following new subsection: NEW SUBSECTION Notwithstanding the tmvloloma of tido section, a 444 or federal program designed to benefit a specific age classification which serves a boon fide Dole- Ile o►Ile pure sv abeil be permissible. Sec, 7. Smile" six hundred one A point six (601A.6), Cale 1977, 4 amended by adding the following new subseNom: NEW SUBSECTION This motion shall not apply to age dixerlminatlon In bona fide apprentice- ship employment programs If the employee Is over forty-five years of age. / Bee. S. Section six hundred ane A point six (BOIA.6)9 subsection two (t), paragraph d, Code 1977, ns amended to read as follows: d. Any bona fide religious Institution or o mita educational ilione facifor lity, On,mployment corporation or nocleq with renpM' Y 9 to a bona ns a pu�en religion "llgloue 0ualifisuch cationrforoinst uctionaldpeso cel ordan admin. ow educationalffaclllty ori religious institution, shall tbe presumed y of a bona tllo be ade lgw fide occupational Qualification. amended by by sddlug at)m following new subsection: (601A.11), Code 1077, 4 NEW SUBSECTION 4, To dlscrlmloate agal d the leasee or purchaser of any real property or housing secommodstion or part. portion or interest ve i� reao l purchaser of Of housing necommodatbn, or againstAny o trace, color, creed, rellglaa, the property or accommodation, sex, disability, age or national origin of persons who May m time �a at the be prom" doms 4 or ON the lassss's or mr,@es prsfor rfnl lml vWtora, nlstlrw tee e larltstloa,of W Ianos or otrdne u friends, gnaMa, an14r eagaejty. 141CROFILMED BY JORM MICR�LAB ' CEDAR RAPIDS • DCS MOVIES t•IICR()fILMED BY JORM MICROLAB CEDAR RAPIDS AND SLS MU,liu, Sec. 10, section six hundred one A point eine (601A.9), Cow 1077, is amend ad to read an follows: 8111A.9 Unfair credit practlon It shall be an unfair or discriminatory practice for any: 1. Creditor to refuse to r into a consumer credit Lm - pow finance enlivens or other antotam, or conditions m 011eww�than those regularly extended by that creditor to romancers of similar economic back- grounds because of age, color, creed, national origin, race, religion, marital statue, sex, or physical disability. 2. Person authorised or llmK ed to do business In this state pursuant to Chapter 524, 039, 624, 536, or MAUL to refuse to loan or extend credit onto impose than those persons of elmllars or %conotmlc ded to backgrou ds ons mom onerougbemuse of age, color, regularly origin, race, religion, marital status, sex or physis disability. 3 Creditor to refuse to offer credit lite or health and accident Inxur- noro because of color, creed, national origin, race, religion, marital status, age, physical disability or sex. Refusal by a creditor to offer credit life or health and accident los are bred upon the age or physlnl disability of the monomer sban aft be on naEalr or dlsetlutrtory practice If anal 1978 ROGULAR BEIIMN NG denial Is based solely upon bona fide underwriting rondderatloos not pro hiblted by title R%. The provisions of this section ahnll not be construed by oeg&Uve Impllo. don or otherwise to narrow or restrict any other provisions of this chapter. Sec. 11, Section six hundred ane A point fawrtses (SOIA.14), sub oellea ua (1). Code 1977, Is amended by striking unnumbered paragraph two (2). '. •,N See 12. Section six hundred one A polat fourteen (601A.14), uAeeotbs three (3), Code 1077, le amended by striking the subsection and Inserting V I lieu thereof the following: 3. n. After the filing of a verified romplalnt, a true copy shall be ser"d within twenty days by certified mall on the person against whom the cM- plaint L filed. An authorized member of the commission staff shall mato A prompt Investigation and &hail Issue a recommendation to a bearing offww under the Jurisdiction of the commlulon, who shall into Issue a determW- 1 tion of probable cause or no probable cause. b. For purposes of this Act, a hearing officer, luulng a determluation of Probable cause or no probable rause under this section shall be exempt frown the Provisions of section seventeen A point seventeen (IT.Ul) of the Cods. - / e If the hearing officer concurs with the Investigating official that prob able cause exlsh regarding the allegations of the eamplalnt, the staff of the commleslon shall promptly endeavor to eliminate the discriminatory or unhlr Practice by conference, conciliation, and persuasion. If the bearing officer finds that no probable cause exlats, the hearing officer shall Issue a Nal order dismissing the complaint and shall promptly mall a copy to the as- plainant and to the respondent by certified mall. A finding of probable caws shall not be Introduced Into evidence In an action brought under section run (1) of this Apt - d. The commisdon staff must endeavor to eliminate the discriminatory or unfair practlm by conference, conciliation, and persuasion for a pend at thirty days following the Initial conciliation meeting between the respondent and the commission staff after a finding of probable cause. After the expire - tion of thirty days, the director may order the conelllation conference W Persuasion procedure provided In thin section to be bypassed when the director determines the procedure Is unworkable by morn of put patterns and prne. tices of the respondent, or a statement by the respondent that the rewadent Is unwilling to continue with the conciliation. The director must have the approval of a commissioner before bypassing the conciliation, confereaoo and pemuadon procedure. Upon the bypassing of conciliation, the di.WM shall state In writing the rearm for bypassing. ' Sea 13 Section six hundred ono A peel fowrinn (601A.14), Code 19R, Is amended by striking subsection live (5). Sec. 14, Section six hundred one A point foortees (8OIA.I4A sobseateg (!A, Code 1071, is amended to read as follows: 6. When the director Is sntlsfled that further endeavor to settle a romplolot by conference, conciliation, and permission Is unworkable and should be by- paneed, and the thirty day pend provided for In subsection three (g) of sen [loll six hundred one A point fourteen (OOIA.14) of the Code has expired with- . out agreement, the director with the approval of a commissioner, shnll Issue and cause to be served a written notice xpeclMng the charges In the complatat ns they may have been amended and the reasons for bypm[nlr mncl)latloa, It the conciliation Is bypassed, and requiring the respondent to answer the charges of the complaint at it hearing before the eo malsolew, a oommlasleenr, or a person deelgnated by the commission to conduct the bearing, hereafter referred to as the hearing officer, and at a time and place to he spedNd In the notice. MICROFILMED BY JORM MICR+LAB CFDAR RAMS • DCS MOINES r41l;i(0F1LKD BY JORM MICROLAb LEOAR RAPIW AND AE 15. Beallon calx hundred one A point fourteen (GOIA.14), Code 1977, Is amended by striking subsections eight (8) through eleven (Il) and Inmrtlng In lieu thereof the following: S. The hearing shall be conducted In accordance with the provWoss Of chapter seventeen A (17A) of the Code for cents" ata. The burden of proof in�beadl a" be on the aenNaawc 666 GM GEMMAL AjMXMKY Bee. le. Smile* six hundred sit A plat fourteen (601A.14 sskaenplipB ✓/ twelve (I2), Code Ion, Is amended by striking the subsection and Inuring IS lieu thereof the following: 12, If upon taking Into consideration all of the evidence at a hearing, (V connotation determines that the respondent has engaged In n dlscrlmh senp. or unfair practice, the commisslon shall state Its findings of fact and eeF cluslms of law and shell Issue an order requiring the respondent to case me desist from the discriminatory or unfair practice and to take the neonessM remedial action as In the judgment of the commission will carry out the pan. poses of this chapter. A copy of the order shall be delivered to the respssad. eat. the complainant, and to any other public officers and persons as ikn commlwlm deems proper. a. For the purposes of this subsection and pursuant to the provision oc this chapter "remedial action" Includes but Is not limited to the following; (1) Hiring, reinstatement or upgrading of employees with or without pay. Interim earned Income unit unemployment compcmation shall operate to so. dues the pay otherwise allowable. (2) Admlaslon or restaratlon of Individuals to a labor organization, adcAw slon to or participation In a guidance program, apprenticeship (mining pro- gram, on-the-job training program or other occupational training or retrain. Ing program, with the utilization of objective criteria In the admission of ludlrlduals to such programs. (3) Admission of Individuals to a public accommodation or an educational Institution, (4) Bale, exchange, lease, rental, assignment or sublease of real property to an Individual. (5) Extension to all Individuals of the full and equal enjoyment of the ad•' vantages, facilities, privileges, and services of the respondent denied to the complainnot because of the discriminatory or unfair practice. (0) Reporting as to the manner of compliance. (7) Posting notices in conapiNoux places In the respondent's place of buil. runs In form prescribed by the commission and Inclusion of notices In ad• vertldng material. (8) Payment to the complainant of damages for an Injury caused by the discriminatory or unfair practice which damages shall Include but are not limited to actual damagee, court costs and reasonable attorney fees. In. In addition to the remedies provided In the preceding provisions of this subsection, the commission may Issue an order requiring the respondeat to cease and deslst from the discriminatory or unfair practice and to lake sack affirmative action as In the judgment of the commission will arty out the purposes of this ebkpt*r u follows. (1) In the ase of a respondent operating by virtue of n license issued by the state or a political subdivision or agency, If the commiellOn, upon aOUM to the respondent with an opportunity to be hard, determines that ted te. epondent has engaged In it diacrle lustory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or reekleeely tolerated by the board of directors of the respondent or by an of. firer or executive agent acting within the scope of his or her employment, the commlealou shall so certify to the Rcensing agency. Unlcu the comslWm finding of a discriminatory or. unfair practice A reversed In the mune of judicial review, the finding of discrimination Is binding on the licensing ager. cy. If a certification Is made pursuant to this subsection, the Rceulpg agency may Initiate licensee disciplinary procedures, (2) In the case of a respondent who Is found by the commission to have engaged In a discriminatory or unfair practice in the course of performing under it contract or subcontract with the elate or political subdivision or agency, It the practice wait authorized, requested, commanded, performed, or kiowingiy or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the cape oI his or her ampioymont, the anmlseloa shall so certify to the oentmetlsg agency. Un' Inw the commlrlon's finding of a discriminatory or unfair practice Is m 141CROFILMED BY .rf JORM MICR+LAB CFDAP. P.APIbS DFS MDINB MIil,ROF ILMLL) By JORM MICROLAB CEDAR RAPIDS A(ID IES ,•iuillL,, ,JV"1 1978 REGULAR SESSION 667 versed In the course of judicial review, the finding of di4crimination is bind. lug oa the contracting agency. C) U;mn revelving a certification made under this subsection, a coutreedng gleety amy take appropriate action to terminate a contract or portion that, Of prevlrnaly entered Intq with the respondent, either absolutely or on con. 4110= that the respondent carry out a program of conipllsnce with. the provi- $lons of this Act; and asslat the state and all political subdivisions and agem- cie thereof to refrain from entering Into further contracts. C. The election of an affirmative order under paragraph b of this subeeetles shell not bar the election of affirmative remedies prodded In paragraph a Of this subsection. ✓ gee. 17, 6ec11ea six hundred sae A point fourteen (601A.14), Cade IBR, Is amended by Adding the following new subsection; NEW SUBSECTION The terms of a conclllation agreement reached with the respondent may require him or her to refrain In the future from committlag discriminatory or unfair practices of the type stated In the agreement, to take remedial se- dan as In the Judgment of the commisston will carry out the purposes of this Act, and to consent to the entry In as appropriate district court of it consent decree embodying the terms of the condVatlon agreement. Violation Of such it consent decree may be punished as contempt bythe court In which It I.. flied, upon a showing by the commission of the violation At any time Within six months of Its occurrence. In all cases where a conciliation agreement In entered Into, the commission shall bane an order stating Its terms and furnish a copy of the order to the complainant, the respondent, end such other persons an the commission deeme proper. At day time In Its dlacretlom the commission may Investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agl'cement ere not being compiled with by the respondeat, the commission shall take appropriate sell= to assure compliance. ✓Sec. 18. Section six hundred one A point fourteen (601A.14), automation thirteen (13), Code IDR, Is amended to read as follows: 13. If, upon taking Into consideration all of the evidence at a hearing, do commission flndn that A resopondent ban not engaged In any such dla- crimluntory or unfair practlee, the commission shall Issue as order denying relief and stating the findings of fact and conclusions of the commisalos, aid shall cause a copy of the order dismissing the complaint to be served by certified mail on the complainant and the respondent. Sec. 30. Section six hundred one A point fourteen (601A.14), suMactlon M teen (15), Code 1171, Is amended to read as follows: 15. A elaim under this chapter shall not be maintained unless a complaint Is filed with the commission within one hundred eighty days after the alleged dIxerlminatory or unfair prnnctice occurred. Ser. 20. Section six hundred ono A point fifteen (601A.15), ubeatlon one (1). Cede 1077, Is amended by adding the following new paragraph: NEW PARAGRAPH For purposes of the (line limit for filing a petition for judicial review un- der the Iowa Adminintrative Procedure Act, specified by aemlon seventeen A point nineteen (17A.10) of the Code,- the issuance of a final "slam of the commission under this chapter occurs on the date notice of the decision V mailed by certified null, In the parties. Sec. 21. Section six hundred one A point ssvostaon (601A.17), Code 1077, Is Amended by adding the following new unnumbered paragraphs; NEW UNNUSIBEREU PARAGRAPdi Nothing In thin chapter Shall be construed u Indicating an Intent to pro hlblt nn agency of IOea1 governmeat having Am IN purpose the larestigatime 141CROFILMED BY JORM MICR+LAS CEDAR RAPIDS •DES MOINES i 1,)ILROFILME0 BY JORM MICROLAB LEOAR RAPIDS ANN ULS Yiul;+t" P, 668 ^ 87th GENERAL A88EMBLY and resolution of violations of this chapter from developing procedures and remedies necessary to Insure the protection of rights secured by the Iowa civil rights Act. An agency of local government and the Iowa civil rights commission shall cooperate In the sharing of data and research, and co- ordlnating Investigations and conclllations in order to eliminate needless dupllcatloo. NEW UNNUMBERED PARAORAPH The commialon may designate an agency of local government as a referral agency. A local agency shall not be designated a referral agency unless the ordinance creating It provides the same rights and remedies as are pro- vided In this chapter. The commIuloo shall establish by rules the proce- dums for designating a referral agency and the qualifications to be met by a referral agency. NEW UNNUMBERED PARAGRAPH A complainant who files a complaint with a referral agency having Jurls- diction shall be prohibited from tiling a complaint with the mmmlssion alleging violations based upon the same acts or practices cited In the orig- Inul complaint; and a complainant who files a complaint with the commis- sion shall be prohibited from filing a complaint with a referral agency al- leging violations based upon the same acts or practices cited in the original complaint. However, the commission In Its discretion may refer a com- plaint flied with the commission to a referral agency having Jurisdiction over the parties for Investiptlon and resolution; and a referral agency in Its discretion may refer a complaint filed with that agency to the mm- mlsslon for investigation and resolution. The commisslon may promulgate rales establtsbing the procedures for referral of complaints. A referral ages. ey may refuse to accept a ase referred to It by the commission It the refer- ral agency Is unable to effect proper adminletration of the complaint, it shall be the burden of the referral agency to demonarate that it Is unable to properly administer that complaint. NEN UNNUMBERED PARAGRAPH A final decision by a referral agency shall be mbjact to Judicial review ns provided In section aix hundred one A point fifteen (WIA.15) of the Code In the same manner and to the tam extent as a final decision of the com- mission. NEW UNNUMBERED PARAGRAPH The referral of a complaint by the commission to a referral agency or by a referral agency to the commission shall not affect the. right of a compisln- ant to commence an action In the district court under section one (1) of this Act Sec. 22. Chapter six heafrag ems A (80IA), Code 1077, is amended by adding the following raw section: NEW SECTION Unfair or dlecrimloatory practicee--eduestion It shall be an unfair or dlssrlminatory practice for any educetional lnsUtu- tlon to dlscrimlmte on the basis of sex In any program or activity. Such discriminatory practices shall Include but not be limited to the following pray time: 1. On the basis of sex, exclusion of a person or persons from particlpa- Boa In, denial of the benefits of, or sub)ectlon to discrimination In any sea- denalc, extracurricular, research, occupational training, or other program or activity except athletic programs; - 2. On the basis of sex, deolai of comparable opportunity In Intramural sad laarscholastle athletic programa; g. On the basis of sex, discrimination among persons In employment sad the conditions thereof;. 4. On the basis of sex. the 4*Ucatlon of soy rule concerning the actual or potential parental, hmlly or marital status of a person, or the @xelsalon 1978 REGULAR SESSION 669 of any person front any program or activity or employment because of preg- nancy or related conditions dependent upon the physician'@ diagnosis and esrtifiatlom For the purpose of thin section "educntlonal institution" Includes any public preschool, or elementary, secondary, or merged area school or arca education agency and their governing boards. Nothing In this section @ball be con- strued to prohibit any educational inatitutlon from maintaining separate collet facllltles, locker rooms or Bring facilities for the different Sexes a ioag u comparable facilities are provided. goo. M. This Act shall take effect January 1, 1079, Approved June 20, 1978. miC80f ILMEO BY '1 JORM MICR+LAB I f.FOAR PAPIOS • nF5 140INB MILROFILMEO BY JORM 141CROLAB CEUAR RAPIDS AND ue, I'rouiL�, �JWI JOHNSON COUNTY SEATS IOWA CITY-CORALVILLE-UNIVERSITY HEIGHTS URBAN AREA SERVICE FIRST QUARTER FY 1979 (1) Report on First Quarter Operations For the first quarter of FY 1979 Johnson County SEATS provided a total of 3,420 one-way trips for elderly and handicapped residents of Iowa City, Coralville, and University Heights. Trips were distributed as in Table 1. TABLE 1 JOHNSON COUNTY SEATS URBAN AREA OPERATIONS FIRST QUARTER FY 1979 t MONTH IOWA CITY CORALVILLE UNIV., TOTAL I HEIGHTS I July 908 223 13 1,144 } August 972 177 12 1,161 Sept. 875 228 12 1,115 ,II TOTAL: 2,755 628 37 3,420 The total of 3,420 passenger trips represents a 42.5 rcent increase over the estimated number of trips of 2,400 for this quaperter. The total cost per trip therefore amounts to $2.40/trip for the total urban area. (2) Vehicular Operations and Productivity Because of the increasing complexity of the operations of Johnson County SEATS it is difficult to distinguish the exact hours of operations and vehicular productivity for the urban area service considered separately. System -wide data is therefore presented in Table 2. TABLE 2 TOTAL VEHICULAR HOURS AND VEHICULAR PRODUCTIVITY FIRST QUARTER FY 1979 MONTH TOTAL PASS. TOTAL VEHICULAR TRIPS HOURS OF OPERATION July August Sept. 2,141 790.0 2,897 959.5 2,689 927.0 141CROFILMED BY 1 JORM MICR+LAB CEDAR RAPIDS • DES MOINES VEH. PRODUCTIVITY PASS. TRIPS/VEHI- CULAR HOURS OF OPERATION 2.71 3.02 2.90 z zZg MICROtILMEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUItILJ, lue,n Y (3) Revenue/Expense Ratio For the first quarter of FY 1979 the total of 3,420 passenger trips generated $1,710 in revenue. This amount produces,a revenue/expense ratio of .208 relative to one quarter of the total amount of $32,827.97. assessed to Iowa City, Coralville, and University Heights for FY 1979, hllLitUrILMLO by JORM MICROLAB LEUAR RAP IUS A11U JL1' WILLOW CREEK NEIGHBORHOOD CENTER (MARK IV COMMUNITY CENTER) Monthly Report for October, 1978. A new program was added during the month of October to run for five weeks. Marti Riley, a graduate art etudent, is teaching classes for adults in ceramics, painting, and eandlemaking. The classes are being held on Tuesday evenings for two hours and will continue until the week after Thanksgiving. The recreatioA programming for the month of October included: MondayPAfter School Williams, anEducational Iowa City ation Program) ledbyAlvinRec. Dept. employee. and Martha Parke, a Center volunteer. The activite were Physical Activities and Game skills. Average 15 children. Gamma ernity Tuesday ' assisteduby Leroy Williams ofb - with men from ethe 1Community Center ta tstaff. Average attendance 10. Hallowe'en Party attendance 20. Girls' Club with.staff person Debbie Lowry, graduate student Lydia Panagides(alternate weeks), and volunteer Carrie Minear.• During October, the girls visited Women's Resource and Action Center, did role plays, participated in some active games, I had a Hallowe'en Party, and joined the Boys' Club for their c party. Average attendance 6 to 8. Wednesday - Arts and Crafts led by graduate student Portia Ho and 1 Carrie Minear, volunteer. Most of the month was spent in making decorations for the Hallowe'en parties. Average attendance was 15. This program needs to be reevaluated because there has been some disatisfaction about having children from ages 5 to 12 working together. This is i coming from the children themselves, so that during November something, different will be tried. dy Thursday-Avolunteer fromheme the Community Center of Nature nworked uwith athe ger, a Recreation Department staff. During October, there was j a trip to Kent Park with a cookout. Average attendance has been lower since the Kent Park trip.(not necessarily related to thiel) There are 15 children registered. Friday - Food Force Fun sponsored by the Johnson County Extension with Mary Pettit, assisted by Judy Ranniger, volunteer. The programs include games and short projects related to nutrition, and some elementary cooking. Average attendance is about 10. In addition to these daily after school programs, the Library is open for use ,and the children's drop-in for quiet games and listening to records. A new book checkout system has been started which is easier to use and will enable the staff to keep track of the books used and how often. adults, there is a Friday mornidg activity Besides the art class for making Christmas gifts. these sessions. Plane are being program where theadults in attendance are There are about to 8 adults who come to made for a Christmas Open House for families which x111 be held Decemberl4. Thursday evenings continue to be adult oriented with speakers from different agencies, movies, and a game night. The attendance has started increasing each week. 2279' :41CROFILMED BY ' Y JORM MICR+LAB ,! I CEDAR RAPIDS . DES MOINES h1ICROFILMEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUIt+i�), .U,,,, CENTER - page 2. October 1978. WILLOW CREEK NEIb..,ORHOOD 7e ent approxioately 7 hours a week in p During the month of October, I supervising, and oval uating the recrea- netivitee related to planning, tion programming, and about 3 hours a week inmdirecade orrNovembernandry services with the children's Drop-in. Plane are being December when the ASERP prroiramthelactivities.I be During and hDecember, theunteera will no longer be working and the recreation programs staff will be reduced ttothree ehortenedpersonal or changed. will of necessity have ti it 'nia A x nder Executive Director, Williw Creek Neoghborhood Center I 141L0FILMED BY JORM MICROLAB CEDAR RAPIDS AND UES NUINLc , 1G+11. . POLICE DEPARTMENT Monthly Report November, 1978 The total citizen generated requests for police services declined sharply in November as compared to the previous month, 1927/23115. All categories of major crimes reported to the Police declined durine the month. Perhaps cooler weather or the several vacation days occasioned by the Thanksgiving holiday account for the decline. or perhaps it was excellent police work; im- proving behavior of the public; a darkening of the moon or just chance. Any analvsis is left to the criminologists. One factor ruled out as causation in the decline is the absence of supplies of malt liquor; beer, or distilled spirits. Supplies of these commodities remained at a high level and many of the clients of the Police Department appeared to be taking personal advan- tage of this abundance. In most categories of crimes and offenses the arrest or citation rate remained stable or declined slightly. Parking citations went down 236 from the prior month, 1958/2194. Total arrests or citations for November as compared to October declined 259; 2681/2432.' A total of forty new cases were investigated by the Detective Division and twenty-seven cases closed by investigation or arrest. Toward the end of the month officer Paul Sueppel was assigned to the Detective Division thus raising the number of assigned investigators to three. Animal Shelter activities increased slightly during the month d t the same month of a year ago. Reclamation and as compare o ' adoption of animals increased substantially, as a percentage of total numbers, indicating the wisdom of Council policy on adoption and reclamation. Total revenues generated by the Animal Control Division are up slightly over the similar period last year. Statistical reports are appended. Activities anticipated for the month of December, besides every- day routine activities include: 1. Writing and implementing a standard policy for the disposal of found and recovered property. 2. Preparing a first draft of a crime prevention program for Iowa City focusing upon the near north side as a primary target. 3. Assessing Patrol E Investigative activities engaged in over the past year to determine completeness of assign- ments and techniques or mechanisms that might better able the Department to respond to needs within the City. 200 O IdICROFIL14ED BY .p) JORM MICR+I.AB I crDAR RANDS • DES MOINES i 1 i R, i i 141L0FILMED BY JORM MICROLAB CEDAR RAPIDS AND UES NUINLc , 1G+11. . POLICE DEPARTMENT Monthly Report November, 1978 The total citizen generated requests for police services declined sharply in November as compared to the previous month, 1927/23115. All categories of major crimes reported to the Police declined durine the month. Perhaps cooler weather or the several vacation days occasioned by the Thanksgiving holiday account for the decline. or perhaps it was excellent police work; im- proving behavior of the public; a darkening of the moon or just chance. Any analvsis is left to the criminologists. One factor ruled out as causation in the decline is the absence of supplies of malt liquor; beer, or distilled spirits. Supplies of these commodities remained at a high level and many of the clients of the Police Department appeared to be taking personal advan- tage of this abundance. In most categories of crimes and offenses the arrest or citation rate remained stable or declined slightly. Parking citations went down 236 from the prior month, 1958/2194. Total arrests or citations for November as compared to October declined 259; 2681/2432.' A total of forty new cases were investigated by the Detective Division and twenty-seven cases closed by investigation or arrest. Toward the end of the month officer Paul Sueppel was assigned to the Detective Division thus raising the number of assigned investigators to three. Animal Shelter activities increased slightly during the month d t the same month of a year ago. Reclamation and as compare o ' adoption of animals increased substantially, as a percentage of total numbers, indicating the wisdom of Council policy on adoption and reclamation. Total revenues generated by the Animal Control Division are up slightly over the similar period last year. Statistical reports are appended. Activities anticipated for the month of December, besides every- day routine activities include: 1. Writing and implementing a standard policy for the disposal of found and recovered property. 2. Preparing a first draft of a crime prevention program for Iowa City focusing upon the near north side as a primary target. 3. Assessing Patrol E Investigative activities engaged in over the past year to determine completeness of assign- ments and techniques or mechanisms that might better able the Department to respond to needs within the City. 200 O IdICROFIL14ED BY .p) JORM MICR+I.AB I crDAR RANDS • DES MOINES PIILROFILrILU BY JORM MICROLAB ARRESTS MADE BY POLICE 0100 CRIMINAL HOMICIDE I 0200 RAPE 1 0300 ROBBERY 1400 ASSAULT 0500 BURGEARY 0600 LARCENY 0700- MOTOR VEHICLE THEFTS 0900 ARSON 1000 FORGERY & COUNTERFEITING 1100 ,FRAUD 1200 EMBEZZLEMENT --,11300 'STOLEN PROPERTY (receive -doss. buy, 1400 VANDALISM 1500 WEAPONS (carry-poss.) 1600 PROSTITUTION 1700 SEX OFFENSES (exc. rape & DroStitut 1800 CONTROLLED SUBSTANCES 1900 GAMBLING 2000 OFFENSES AGAINST FAMILY & CHILDREN 2100 OMVUI 2200 LIQUOR LAW VIOLATIONS VIOLATIONS 2300 INTOXICATION I etc • CEDAR RAPIDS AND DES MUINL�, Uyl� JAid FEB. IMAR.IAPR.I ilAY.I JUi4.I JUL.I AUG.jSEP.4OCTOCT--r-lam- 111LR6FILMED DY JORM MICR#LAB CEDAR RAPIDS • DES MOINES s!!eel,!!�e!!0®®® ®aieeeieieAeews s®■a®©©©©�®w- soo�esei©�weAs 0 mo ms es�e■�we�es® ®m®M ©©= mom 111LR6FILMED DY JORM MICR#LAB CEDAR RAPIDS • DES MOINES I.(ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINLI), iU6n _ 1 JA:4=C34 I FEB. ;dAR. APR. ;tAy. JUi1. JUL. AUG. SEP. OCT. NOV. DECi 6 10 0 7 6 2 7 3 I p 0 0 0 0 0 0 0 0 0 1 0 1 26 24 34 29 30 36 25 23 17 17 22 l 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 ,0 0 0 0 0 0 0 p 0 p 0 i0 0 0 �0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 1 0 0 1 p 0 1 p 0 0 0 0 0 0 I p t o 0 l o 0 1 0 0 0' 0 l 0 I 00 0 ! 0 0 0 0 t0 0 0 0 0 0 p 0 0 o 1 ME ,7L 0 0 0— 0 I � ' n 1 0 1 n J 0 MI E HE no no we �'•` 14ICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MDUICS M 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 G] I . I 2400 DISORDERLY CONDUCT 2500 VAGRANCY ^'2600 ALL OTHER CRIMINAL VIOLATIONS (exc.tre 3000 ABANDON/ RECOVER VEHICLES - TOW IN 3200 ACCIDE14T - MOTOR VEHICLE 3400 ACCIDENT - OTHER ALA RNTRI%'ION/TROUBLE/SILENT ALARM 3600 3700 ALARft - FIRE (not call in) 3800 ASSIST & SERVICE 4000 ATTEI•D'T TO LOCATE 4200 BOATING/ RECREATION WATER CO:IPLAINTS 4400 CP.'IL DISPUTE OR PROBLE:1 4600 DEATH INVEST/SUDDEN DEATH/BODIES FOL 1: ( 4800 DOG '& CAT & Dp11ESTIC k{ 5000 DU:4PING & RUBBISH 5200 FAMILY/DOMESTIC DISPUTE/DISTURBANCE j ` 5400 FIRE I' 5600 GUNSHOTS !: 5800 HAZARDOUS ROAD CONDITIONS 6000 HUNTING COMPLAINT (exc..trespass) i 6200 INFORMATION - MISC. 6400 INVESTIGATE -MISC. CEDAR RAPIDS AND DES MUINLI), iU6n _ 1 JA:4=C34 I FEB. ;dAR. APR. ;tAy. JUi1. JUL. AUG. SEP. OCT. NOV. DECi 6 10 0 7 6 2 7 3 I p 0 0 0 0 0 0 0 0 0 1 0 1 26 24 34 29 30 36 25 23 17 17 22 l 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 ,0 0 0 0 0 0 0 p 0 p 0 i0 0 0 �0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 1 0 0 1 p 0 1 p 0 0 0 0 0 0 I p t o 0 l o 0 1 0 0 0' 0 l 0 I 00 0 ! 0 0 0 0 t0 0 0 0 0 0 p 0 0 o 1 ME ,7L 0 0 0— 0 I � ' n 1 0 1 n J 0 MI E HE no no we �'•` 14ICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MDUICS M 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 G] MlC,R0FlU4ED BY JORM MICROLAB CEDAR RAPIDS AND UES t,lUlNE:), Won 6500 JUVENILE - MISC. 6600 LIVESTOCK 6800 LOST & FOUND PROPERTY 7000 MENTAL COMPLAINT 7200 MISC. CO%fPLAINT/ SERV ICE REQUEST 7400 SUICIDE 7600 SUSPICION 7700 WEATHER/BAD, ETC. 7800 WILDLIFE/DEER KILLS 8000 TRAFFIC VIOLATIONS 8100SNOWMOBILE COMPLAINTS 8400 PARKING TRAFFIC TOTALS jtm 141 CROF I LM 11 JORM Mll CrDAR RAPIDS - MEE BMW a MM FEW FEW DOWN WMEMommmmom mmW=mmm=Wmmm ommommmommom Emommmoommo 141 CROF I LM 11 JORM Mll CrDAR RAPIDS - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES M01?ILS, iunn COMPLAINTS RECEIVED BY POLICE 0100 CRIMINAL HOMICIDE 0200 RAPE 0300 ROBBERY 0400 ASSAULT 0500 BURGLARY 0600LARCENY 0700 MOTOR VEHICLE THEFTS 0900 ARSON 000 ,FORGERY & COUNTERFEITING 100, FRAUD 1200 EMBEZZLEMENT 1300, 'STOLEN PROPERTY (receive-poss. bu 1400 VANDALISM 11500 _WEAPONS (carry-poss.) 11600 PROSTITUTION 1700. SEX OFFENSES (exc. rape & prostitL ,1800 CONTROLLED SUBSTANCES 1900 GAMBLING 1'2000 'OFFENSES AGAINST FAMILY & CHILDREN 12100 OMVUI 12200 LIQUOR LAW VIOLATIONS 2300 INTOXICATION n JAN. FEB. LMAR. I APR. I MAY.1 JUN.1 JUL.1 AUG.SEP. 14 OCT. NOV. DEC.[ 0 0 1 0 0 1 0 0 0 0 0 1 0 3 0 3 2 2 2 3 0 p 2 1 1 2 0 2 2 p p 3 3 6 6 11 6 14 7 11 5 18 12 g,- 33 38 41 37 55 61 52 49 75 57 50 - 103 108 112 1159 155 173 165 156 191 194 118- Y 13 1215 18 16 15 31 13 32 18 1 0 0 0 0 p 0 0 0 02 I Ii 3 9 8 1 3 11 4 7 14 4 9 5 1 2 1 1 1 2 etc) 0 66 0 44 0 81 0 1 87 0 74 1 92 2 1 0 0 0 1 0 0 2 0 2 p m) 10 6_ 10 9 13 i ) 4 7 8 5 4' 1 1 0 0 i 4 0 �. 150 C 8 0 2 2 p `, 14 9 r, 2 28 27 33 43 0 0 2 3 4 8 3 6 20 16 16 18 28 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 3 0 0 35 20 23 1 18 2 r . 8 4' _4 0 i 4 0 �. 150 1061 � 0 4 r 0 p `, 14 9 r, 2 1' 0 0 19 23 r 44 28 4 0 20 17 I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINLS, lWi. ,!A!:.! FEB. I XAR. I APR. 1 :-fAy.j JUN.! JUL. I AUG. 1 SEP.! OCT. 1 NOV.1 DEC. 1 75 54 1 90 1.1 131 136 L4_ 151 189 2400 DISORDERLY CONDUCT 137 2500 VAGRANCY 2600 ALL OTHER CRIMINAL VIOLATIONS(exc-tri 0 3000 ABA14DONI RECOVER VEHICLES - T0_141'1 7, 3200 ACCIDENT - IIOTOR VEHICLE 2 3400.; ACCIDENT OTHER 3600 ALAR,11- INTRUSION /TROUBLE/ S ILENT ALA1L1 4 5 16 9 3700 ALARM- FIRE (not call in) 17 3800 ASSIST & SERVICE 7,- 4000 ATTEZMPT TO LOCATE 15 19 16 ..... 4200 BOATINC/ RECREATION I-JATER C9,1PLAINTS 46 4400 CIVIL DISPUTE OR PROBLEM 6 4600 DEATH INVEST/SUDDEN DEATH/BODIES FOU 284233 4800 DOG & CAT & DOMESTIC 205 5000 DLPIPING & RUBBISH 202 5200 FAMILY/DOMESTIC DISPUTE/DISTURBANCE 22 5400 FIRE 5600 GUNSHOTS 5800 HAZARDOUS ROAD CONDITIONS. 0 1 0 6000 HUNTING COMPLAINT (exc,trespass) 6 6200 INFORMATION -.MISC. 6 1 3 6400 INVESTIGATE - MISC. 111 160 150 CEDAR RAPIDS AND DES MUINLS, lWi. ,!A!:.! FEB. I XAR. I APR. 1 :-fAy.j JUN.! JUL. I AUG. 1 SEP.! OCT. 1 NOV.1 DEC. 1 75 54 1 90 1.1 131 136 L4_ 151 189 173 178 137 ll�' 0 0 0 0 0 1 0 2 2 0 _ 2 9 4 5 16 9 14 20 17 14 10 7,- 15 19 16 2 0 51 46 3 16 6 1 284233 228 239 205 176 184 202 234 217 22 0 1 0 4 0 6 0 6 1 3 142 111 160 150 19 113 227 144 14± ±6 6 —L: I1 0 0 —00 0 :1 3 0 0 01 0 0 0 418[ 307 3121 343 369j 445_L3624U3 E8 76 j 34 55 88 674 47 96 51 57 0 0 0 01 0 0 1_3 0 0 0 20 7 29 401 34_! 19 1 34 31 21 0 0_1 0i 3 0 Q 251 51 23 43 34 27 -j-53 44 .77 .37. it 1 0 3 61 3 1 1 1 1 0 1 2 5 10 1 16 1 28 i 34 12 I 0 1 1-3 L— 1 0 3 12 11 13 7 11 14 6 in 9 4- 4 0 0 0 0 4 1 43 5t 2 4 6 --3F6 1 9 3 7 2 2 f 6 1 1 0 0 0 0 0 0 0 0 2 1561 68 40 53 55 163 183 148 2241 203 1 0 0 0 0 0 18 11 30 23 31 '13., 141CROFILMED By All jcjF:IM MICF;t+LAB CEDAR RAPIDS - DES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINL�,, i66ti i TOTALS o JCL. AUG. SEP. OCT. NOV. DECI' Jr.ir.I FEB.1:4:iR. AP... t'SAY. JUi+. . I26 25 51 48 45 50 37 35 31 32 21- 2 i 0 0 1 1 2 I 2 3 1 1 2 63 63 177 61 84 93 78 80 99 100 79' 3 11 3 1 5 I 12 9 6 2 3 2 1' • 38 45 104 103 127 28L4!5 13 29 29 292 0 S i 01 0 0 1 4 0 1 57 155 57 49 69 61 64 49 66 82 62 i IO 0 1 0 0I 0 2 0 0 0 � ,, 0 0 I 1 1: 0 Oi 0 I _.�_i _0� 0 16 ' 1314 41 381 46 L 1--1 3 26 I 23 161 IT5 �4�I �__ O I 0 .1 0 1 0 0 0 I 0 d 270 i285 226 � 254 219 � 133_ 152 ! 235 283_ 290 120 779919 20632090 2. 2881225319 123851 23451927 Y,}J MICROFILMED BY w1f 'I• JORM MICR+LAB ` CEDAR RAPIDS • DES MOINES 6500 JUVENILE - MISC. 6600" LIVESTOCK 6800 LOST & FOUND PROPERTY 7000 MENTAL COMPLAINT 7200 '':MISC. COi4PLAINT/SERVICE REnUEST 7400 SUICIDE 7600 SUSPICION - 7700 WEATHER/BAD, ETC. 7800 WILDLIFE/DEER KILLS 8000 TRAFFIC VIOLATIONS I 8100 SNOIJMOBILE COMPLAINTS 8400 PARKING i TOTALS o JCL. AUG. SEP. OCT. NOV. DECI' Jr.ir.I FEB.1:4:iR. AP... t'SAY. JUi+. . I26 25 51 48 45 50 37 35 31 32 21- 2 i 0 0 1 1 2 I 2 3 1 1 2 63 63 177 61 84 93 78 80 99 100 79' 3 11 3 1 5 I 12 9 6 2 3 2 1' • 38 45 104 103 127 28L4!5 13 29 29 292 0 S i 01 0 0 1 4 0 1 57 155 57 49 69 61 64 49 66 82 62 i IO 0 1 0 0I 0 2 0 0 0 � ,, 0 0 I 1 1: 0 Oi 0 I _.�_i _0� 0 16 ' 1314 41 381 46 L 1--1 3 26 I 23 161 IT5 �4�I �__ O I 0 .1 0 1 0 0 0 I 0 d 270 i285 226 � 254 219 � 133_ 152 ! 235 283_ 290 120 779919 20632090 2. 2881225319 123851 23451927 Y,}J MICROFILMED BY w1f 'I• JORM MICR+LAB ` CEDAR RAPIDS • DES MOINES T . h11CRDFlLi4ED BY JORM 141CROLAB CEDAR RAPIDS AND UES I.IUINL�, iur." N ANIMAL SHELTER MONTHLY REPO. MONTH NOVEMBER 1978 This Month This Month This Year Last Year 11 act Ynari to n,re *. n,+., Dog Complaints 1 1 { I I M, t j i Cat Complaints i t i T . h11CRDFlLi4ED BY JORM 141CROLAB CEDAR RAPIDS AND UES I.IUINL�, iur." N ANIMAL SHELTER MONTHLY REPO. MONTH NOVEMBER 1978 This Month This Month This Year Last Year 11 act Ynari to n,re *. n,+., Dog Complaints QA 70 56 Cat Complaints Total Com laints 104 QA NpKnaTng Record Voluntary (Dogs) Pick up (Dogs) Owner(Cats) Stray (Cats) ICPD N C 91 66 S1 R62 oil 20 28 199 179 _ D sposals Dogs Adopted Dogs Reclaimed Cats Adopted Cats Reclaimed 40 ir q?A AIA 5 2 4S Is 7 11 75 119 Sul Dogs SUI Cats 19 147 15 64 Dogs P.T.S. Cats 38 475 10 Revenue n o ars RASI Acceptance fees Adoptions Deposits SUI Impounding License foes shot $8.00 S34.00 - S86,po $160.00 (5 mo.) $722.00 - A0;1 n 511 $370.00 $100doo $2440don $760.00 $147.50 $1423.50 $507.50 $528.50 6603.50 $7883.50 $220.25 License Issued 39 407 (5m Tickets Issue 11 24 194 615 teranimals pejeup Raccoon .Opposum Squirrels Bats Birds, Fowl Other Skunk Livestock Groundhog 0 2 11 48 0 2 14 26 6 3 37 0 2 27 20 0 5 (7ducks) 64 66 1 rab, 2 25 83 2 0 11 7 0 0 5 0 1 2 14 - Dog Bites City 2 I County 1 I Y 3 ca",r N 3 Gil 70 (OU411 57 t'Ti-- yDo 109 Other Bites Cat Bites laq. 0 2 0 13 1 12 0 0 3 1 18 13 41 Rabies Confirmed 0 0 0 0 0 0 0 Dead Animals Picked U et5 )D,- 6c 17 s 2D -BC W1 9 Pais 23D -77C , i a 160 o a 271 Dumped Dikes city 7doga 4cate County 5dogs 3catn t; 13 Odogs lcat Cauu .i 6dogs lcat ciil 56dogs 40cnte (euu,y 72dogs 39cate 157total 16 21 140 {' 141CROFILMED BY DORM MICR#LAB CEDAR RAPIDS • DES MOINES 231 1 1CROFILMED BY JORM MICROLAB MINUTES OF STAFF MEETING November 22, 1978 CEDAR RAPIDS AND DES MUINLS, iunn j i -I Departmental referrals from the informal and formal Council meetings of November 20 and 21 were distributed to the staff (copy attached). The City Manager's Secretary was requested to find the list of topics I furnished for last year's meeting with the legislators. The agenda for the Council meeting of December 5 will include: Five appointments to boards and commissions A public hearing on revenue sharing will be held on December 5 at 3:00 P.M. in the Chambers. The staff was asked to notify the Director of Housing and Inspection Services if anyone knows of a suitable applicant for the vacancy on the Board of Electrical Examiners and Appeals. The Finance Director offered copies of the official statement on the parking revenue bond issue. The Director of Parks and Recreation announced that Vernon Coates is the new maintenance worker. The ground breaking ceremony for the parking ramp will be next Wednesday. The exact time has not been set. The City Manager's Secretary was asked to write a memorandum to the Mayor informing him when the time is set. There will be no staff meeting next week. MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES P1ICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MUINL�), iuw, ti Informal Council Meeting November 20, 1978 I k I DEPARTMENT REFERRALS � SUBJECT DATE RECD REFERRED M DATE DUE O UU LU a W °C 2 o 9W cr aff COMMENTS/STATUS Publicity 11-20 Finance Council wishes ample positive publicity be given to the issue of higher parking rates recently enacted.', Also, to the urban renewal construction and part, -, larly as it will affect parking during the holiday season. Bus replacement fund 11-20 Finance/ Public Wks Report to Council on nature and current status of this fund to include projected acquisition of buses. Transit garage 11-20 Public Wks When will ventilation project be completed? Aid to agencies. 11-20 Finance This will continue to be funded from revenue sharing. Alley behind Zion Lutheran Church 11-20 Public Wks Advise City Manager on the nature the drainage problem in this alley and how it would be corrected if alley is Northside Improvements 11-20 Public Wks City sidewalk between property line and curb is in need of repair - Irene .Muri)hy property,304 Ronalds Street., Code enforcement 11-20 HUS What can be accomplished toward joint effort by all divisions on code enforcement. U f4ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS 1401kLS, INFORMAL COUNCIL DISCUSSION DECEMBER II, 1978 INFORMAL COUNCIL DISCUSSION: December II, 1978, 1:30 PM in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Vevera, Roberts, Balmer, deProsse, Neuhauser, Ferret 1:40 PM. Absent: Erdahl. STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling. Others present for certain discussions, as noted. TAPE-RECORDED on Reel 78-30, Side I, 2519 -End, A over to Side 2, 1-2421. EXECUTIVE SESSION -8 AM Tape N13, Side I, 2016-2512. Moved by deProsse, seconded by Perrei to adjourn to executive session for discussion of collective bargaining negotiations with John Carpenter, as continued from 12/4/78 executive session. Affirmative roll call vote unani- mous, 5/0, Erdahl 8 Neuhauser absent. Finance Dir. Vitosh present. Moved by Roberts, seconded by Perret to adjourn, 8:50 PM. Motion carried unanimously. EXECUTIVE SESSION -1:30 PM Tape #1-, Side 1, 2512 -End; Side 2, 1-85. Moved by Neuhauser, seconded by deProsse)to adjourn to executive session for discussion of appointments to the Parks 8 Recreation Comm., Bd. of. Appeals, Bd. of Adjustment, Board of Examiners of Plumbers, and to Johnson County Regional Planning Comm., also for report on negotiations from John Carpenter. Affirm- �? alive roll call vote unanimous, 5/0, Erdahl 8 Ferrel' absent. Perret arrived, 1:40 PM. Moved by Neuhauser, seconded by Ferret, to adjourn, 2:00 PM. Motion carried unanimously. APPLICATIONS TO PLANNING A ZONING COMA.-Schmeiser Tape 78-30, Side I 2519 -End Annexation -300' Side 2 1-360 City Mgr. Berlin stated that no formal agreement with the County had been executed, regarding annexation procedures. The 300' is the distance back from the paving for which a property owner can be assessed, so in some Instances, the City obtained this area. Amendment To Fence Ordinance Sr. Bldg. Inspector Siders, PAZ Comm. Bium present. Discussion included whether or not to issue permits, different views of Staff A Commission, complaints received and need for permit, addition of requirement that at such time sidewalk is Installed in future, applicant would agree to move fence back 51; regulations in commercial areas. Majority of Council favored issuing permits, a letter to be sent to fence installers when Ord. is adopted. Staff will rewrite ordinance to Incorporate suggestions discussed, and send out in next packet. Councilwoman deProsse left the room, 2:35 PM. AGENDA ITEMS 360-425 Clay Clerk Stolfus advised that Item 6 should not be on the agenda for the 12th but on the 19th, and requested addition io Council Business to set public hearings on application and fares for 'A Better Cab Co.' Cnunr.iI decided to defer the Lumsden resolution of commendation until he is able to afiond The presentation. City Manager Berlin asked that Council defer action on the vacation of Capifol St. Atty. White 3 Ed Jennings will be preseni on 12th to present the new Proposal. Public hearing on vacation of Harrison St. should be set, and issue referred to Planning A Zoning. Balmer had advised his approval. micR0F11-110 BY JORM MIC R+LAB I 6FDAR RAPIDS • BES MOINES I Z i i _ I i U f4ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS 1401kLS, INFORMAL COUNCIL DISCUSSION DECEMBER II, 1978 INFORMAL COUNCIL DISCUSSION: December II, 1978, 1:30 PM in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Vevera, Roberts, Balmer, deProsse, Neuhauser, Ferret 1:40 PM. Absent: Erdahl. STAFFMEMBERS PRESENT: Berlin, Stolfus, Helling. Others present for certain discussions, as noted. TAPE-RECORDED on Reel 78-30, Side I, 2519 -End, A over to Side 2, 1-2421. EXECUTIVE SESSION -8 AM Tape N13, Side I, 2016-2512. Moved by deProsse, seconded by Perrei to adjourn to executive session for discussion of collective bargaining negotiations with John Carpenter, as continued from 12/4/78 executive session. Affirmative roll call vote unani- mous, 5/0, Erdahl 8 Neuhauser absent. Finance Dir. Vitosh present. Moved by Roberts, seconded by Perret to adjourn, 8:50 PM. Motion carried unanimously. EXECUTIVE SESSION -1:30 PM Tape #1-, Side 1, 2512 -End; Side 2, 1-85. Moved by Neuhauser, seconded by deProsse)to adjourn to executive session for discussion of appointments to the Parks 8 Recreation Comm., Bd. of. Appeals, Bd. of Adjustment, Board of Examiners of Plumbers, and to Johnson County Regional Planning Comm., also for report on negotiations from John Carpenter. Affirm- �? alive roll call vote unanimous, 5/0, Erdahl 8 Ferrel' absent. Perret arrived, 1:40 PM. Moved by Neuhauser, seconded by Ferret, to adjourn, 2:00 PM. Motion carried unanimously. APPLICATIONS TO PLANNING A ZONING COMA.-Schmeiser Tape 78-30, Side I 2519 -End Annexation -300' Side 2 1-360 City Mgr. Berlin stated that no formal agreement with the County had been executed, regarding annexation procedures. The 300' is the distance back from the paving for which a property owner can be assessed, so in some Instances, the City obtained this area. Amendment To Fence Ordinance Sr. Bldg. Inspector Siders, PAZ Comm. Bium present. Discussion included whether or not to issue permits, different views of Staff A Commission, complaints received and need for permit, addition of requirement that at such time sidewalk is Installed in future, applicant would agree to move fence back 51; regulations in commercial areas. Majority of Council favored issuing permits, a letter to be sent to fence installers when Ord. is adopted. Staff will rewrite ordinance to Incorporate suggestions discussed, and send out in next packet. Councilwoman deProsse left the room, 2:35 PM. AGENDA ITEMS 360-425 Clay Clerk Stolfus advised that Item 6 should not be on the agenda for the 12th but on the 19th, and requested addition io Council Business to set public hearings on application and fares for 'A Better Cab Co.' Cnunr.iI decided to defer the Lumsden resolution of commendation until he is able to afiond The presentation. City Manager Berlin asked that Council defer action on the vacation of Capifol St. Atty. White 3 Ed Jennings will be preseni on 12th to present the new Proposal. Public hearing on vacation of Harrison St. should be set, and issue referred to Planning A Zoning. Balmer had advised his approval. micR0F11-110 BY JORM MIC R+LAB I 6FDAR RAPIDS • BES MOINES I 191CROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES HUIHL�, iuei+ •4 Informal Council Page 2 Dec. 11, 1978 AGENDA CONTINUED Asst. City 14gr. Halling called attention to proposed changes to the local (� non-discrimination ordinance as recommended and submitted by Staff. A final draft to be sent out next week. The words, 'It shall be unlawful' to be added to paragraphs added In 10.2.5 8 10.2.7. A Council policy wlII be needed for instances when the Commission makes a determination of discrimination. NOISE CONTROL ORDINANCE 425-1130 Joseph Galbraith, Noise Control Specialist for the Environmental Protection Agency,was present to outline avenuesthe City can take to establish regula- tions for noise. He distributed the booklet 'Noise, A Health Problem'. Each Community Helps Others, ECHO, can provide technical assistance in development of a reasonable ordinance and its enforcement, can loan measurement equipment, can train enforcement personnel. Grunts might be available from the Quiet Communities Act for purchase of equipment. Another booklet outlined EPA noise program progress to date, including airport noise abatement planning and model community noise ordinance. Councilman Vevera left the room, 3:10 PM. Galbraith reviewed regulations now in force in other Iowa towns and discussed all areas of unnecessary noise (transportation, construction, garbage collection, dogs, parties, industrial noise). Councilwoman deProsse present, 3:30 PM. Chrm. Citizens Committee -Airport Ken Lowder suggested the City Investigate noise control. Iowa City has expertise at the Unly. for help on this issue. The City Manager will see if there is any interest in Univ. Departments for an intern program. CABLE TELEVISION FRANCHISE 1130-2421 f`a Mayor Pro tem Balmer presiding. City Attorney Hayek, C. Tiffany present. ✓ For Eastern Iowa: Larry Aldridge, Robert Keller. For Hawkeye: Michael Krueger, Gene Claussen, Elliott Full. Hayek advised that granting of the franchise can take as long as Council wants, but afterwards there are several actions to take according to a timetable. He advised that award of the franchise does not depend on whether or not there were violations of the campaign finance ordinance. deProsse had several concerns regarding public access commitment, which each group answered. There will be an 800' space allowed in the new library building for public access activity. Discussion included: N of staff available, equipment charges, cost of basic equipment, free use of equipment with limitations. deProsse observed applicants both seemed willing to allow the Commission to play a strong role in determining the need for public access. Members of Ecumenical Committee were present. Dave Olive questioned making of productions,if trained. This will be allowed. Amount of time allowed for free training to use equipment was explained. Cox is to reply to Olive's previous gilestions, a copy of the letter to be sent to 1 -he City. Hayek advised that the franchise Is not subject to outcome of negotiations with the Library Board. The City Mgr. will advertise for applications for the Broadband Commission, and Council will consider budget implications. Legal procedure for Ordinance Awarding Franchise will be Investigated. Meeting adjourned, 5:20 PM. 41CROFILI•IED BY i JORM MICR+LAB ' CEDAR RAPIDS • DES MOINES 0 i i i i, _i i �1 I 191CROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES HUIHL�, iuei+ •4 Informal Council Page 2 Dec. 11, 1978 AGENDA CONTINUED Asst. City 14gr. Halling called attention to proposed changes to the local (� non-discrimination ordinance as recommended and submitted by Staff. A final draft to be sent out next week. The words, 'It shall be unlawful' to be added to paragraphs added In 10.2.5 8 10.2.7. A Council policy wlII be needed for instances when the Commission makes a determination of discrimination. NOISE CONTROL ORDINANCE 425-1130 Joseph Galbraith, Noise Control Specialist for the Environmental Protection Agency,was present to outline avenuesthe City can take to establish regula- tions for noise. He distributed the booklet 'Noise, A Health Problem'. Each Community Helps Others, ECHO, can provide technical assistance in development of a reasonable ordinance and its enforcement, can loan measurement equipment, can train enforcement personnel. Grunts might be available from the Quiet Communities Act for purchase of equipment. Another booklet outlined EPA noise program progress to date, including airport noise abatement planning and model community noise ordinance. Councilman Vevera left the room, 3:10 PM. Galbraith reviewed regulations now in force in other Iowa towns and discussed all areas of unnecessary noise (transportation, construction, garbage collection, dogs, parties, industrial noise). Councilwoman deProsse present, 3:30 PM. Chrm. Citizens Committee -Airport Ken Lowder suggested the City Investigate noise control. Iowa City has expertise at the Unly. for help on this issue. The City Manager will see if there is any interest in Univ. Departments for an intern program. CABLE TELEVISION FRANCHISE 1130-2421 f`a Mayor Pro tem Balmer presiding. City Attorney Hayek, C. Tiffany present. ✓ For Eastern Iowa: Larry Aldridge, Robert Keller. For Hawkeye: Michael Krueger, Gene Claussen, Elliott Full. Hayek advised that granting of the franchise can take as long as Council wants, but afterwards there are several actions to take according to a timetable. He advised that award of the franchise does not depend on whether or not there were violations of the campaign finance ordinance. deProsse had several concerns regarding public access commitment, which each group answered. There will be an 800' space allowed in the new library building for public access activity. Discussion included: N of staff available, equipment charges, cost of basic equipment, free use of equipment with limitations. deProsse observed applicants both seemed willing to allow the Commission to play a strong role in determining the need for public access. Members of Ecumenical Committee were present. Dave Olive questioned making of productions,if trained. This will be allowed. Amount of time allowed for free training to use equipment was explained. Cox is to reply to Olive's previous gilestions, a copy of the letter to be sent to 1 -he City. Hayek advised that the franchise Is not subject to outcome of negotiations with the Library Board. The City Mgr. will advertise for applications for the Broadband Commission, and Council will consider budget implications. Legal procedure for Ordinance Awarding Franchise will be Investigated. Meeting adjourned, 5:20 PM. 41CROFILI•IED BY i JORM MICR+LAB ' CEDAR RAPIDS • DES MOINES 0 111CROFILMED BY JORM MICROLAB u • CEDAR RAPIDS AND UES MOINL�, iuwh 1 d { MATERIAL DISTRIBUTED AT INFORMAL SESSION OF 12/11/78 ARTICLE, "TENANTS SUE SIOUX, CITY FOR LAX CODE ENFORCEMENT" THE BUILDING LINE, December 1978 issue NOISE: A HEALTH PROBLEM, booklet from EPA Y tdICROFILMEO BY 1 JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i • CEDAR RAPIDS AND UES MOINL�, iuwh 1 d { MATERIAL DISTRIBUTED AT INFORMAL SESSION OF 12/11/78 ARTICLE, "TENANTS SUE SIOUX, CITY FOR LAX CODE ENFORCEMENT" THE BUILDING LINE, December 1978 issue NOISE: A HEALTH PROBLEM, booklet from EPA Y tdICROFILMEO BY 1 JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i tEE f j l c i 1.11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS I•W11fL3, iue.;. V MICROFILMED BY ' 1 '1 JORM MICR+LAB CEDAR RAPIDS • DES MOINES To,n4n ILMLO BY JORM 141CROLAB • LLDAk RAPiu� An ULS 141CROFILIICD BY JORM MICR+LAE3 U PAP PAPI M - of S '40 MFS and InWctL Th,• defendmU In the 5dt a* bem of the City 'the five m"M city" -Coftijd�njty DevelopiceM uncl, pobart IldstIO, AcUM C" mmuger Steve Cirtff "d -.-I . .4 hiiu<U ILMLO by JOHM MIMLAb LLUAH RAPIJ:, AHU OL SEASONS GREETINGS I I The Bu ildiRg Line December 1978 Volume 16 CODE APPEAL RIGHTS DISCUSSED As everyone in the building industry is aware, the City of Iowa City es enforces many codes and ordinances. Under State Statute, all aa1 and ordinances including building codes, zoning ordinances, spec ized-codes such as electrical, plumbing and mechanical, when vio lated are a criminal offense and are punishable as a misdemeanor. In addition, a person may be enjoined from maintaining or using the structure or property in a manner not in compliance with the applic able regulations. In`order to protect''the property owner, all codes and ordinances provide for an appeal. A citizen Board of Appeals is appointed by the'City and given the duty and responsibility to review any appeal filed by'a`citizen'who believes that an interpretation, action or . t procedure by a City official was incorrect or was illegaT.,undeL;the Code.,,of Ordinances. %After"reviewing the position of .the person aggrieved and the City employee, the Board;. decides if,the Cit inter preted the,regulatons correctly.'In addition, the Board may 'suggest code.amendments which they deem desirable. Some codes`aor s boards �r of .appeal s to approve alternate methods of construction or substitute materials. Anyone who feels aggrieved', by a decision of an enforcingofficial may appeal 'that decision to the proper Board or -Commission., The.appeal must ,be in writing, must be 'filed at the City Clerk's office, and must be received within a ten day period from the date of the.inter pretaLion;or notice of the official which forms the basis of the appeal; The Board of Appeals reviews each new code suggested by the City Coun- til,prior to its final consideration for adoption. This valuable ser- vice allows,;the City. Council to formulate codes and ordinances that have been modeled after existing legislation at the'rnational,'::state or. other municipal levels and to benefit from the knowledge and experience of its residents., Except for the Board of Adjustment, the various Boards, do not have the authority.to waive, modify or grant a variance to the code or ordin- ance under its jurisdiction. Since the City Council passed these reg- ulations,'they must be enforced equally. The Board of Adjustment may grant a variance under certain conditions. The staff encourages you to contact them if you have the questions Pro - regarding regulations within the City. In addition, vide you with information if you decide to pyfile an appeal., MICROFILMED BY JORM MICR6LAB CFOM, Pr1P1N, OSS 1.101'11 Mlit,kUi iLi•iLL) BY JORM MICROLAb amy oil qT LL'JA,t kAi'l03 ANU LX ,L , STATISTICS MINIMUM HOUSING During November, 1978, 237 structures were inspected containing 975 dwelling units and 276 rooming units. 538 dwelling units and 14 rooming units were found to be in compliance with the Minimum Housing Code of Iowa City. 437 dwelling units and 262 rooming units did not comply with the Minimum Housing Code. BUILDING INSPECTION 99T 'ON Pwlad YA101 'kilo VM01 Qiva 39VISOd 'S T Uva rm ! w1CROr!Lh!Cn BY DORM MICR+L.A® OVZZS enrol ',(TTO umoT u0481.1114st,M '11 OTV saOTAaaS uoTlOadsul put, BuTsnoll 3o Tuawitudoo ,(IT0 UMOI go ,(310 �( l - rxoN YHL During the month of November, 1978, 62 �- m• • r/ com Or LAYS Building Permits, 20 Mechanical Permits, .� Of iW WRABI (2200 GO 25 Plumbing Perrlits, and 57 Electrical ' KING of BABYLONIA Permits have been issued by .the .City. for a man and do not mate Its con- The total value of all November construc- A. If a builder build a house on in and the house Mich he has built collapse and strutuN tion in Iowa City, is $4,324,199. There - cause the death of the Owner of the house - that builder were 3 demolition permits issued. shall. be put to death:. B. If it cause the death of the son of the Owner of the house - they shall put to death a son of that builder. ' C. If it cause. Ne. h Of death a slave of the amu of the house - house a slave of equal Housing Assistance Program he shall give to the Owner of the val" During November, 1978,,6.units were brought Ai D.. if it destroy property, he shall restore whatever it des he did not rote house which he built 1nt0 .the Section B Program. troyed,�and because .the .firn and 1t collapsed he shall rebuild the house which Cal apaed at his own eapente., Total units, ,Section 8 = 325. • E. if a builder build a house.for'a man and do not make 'Its con- struction meet the requirements and a wall fall in, that - . Bt BSNNNeHIh shNNNNNNNNNNN� ' ! builder shall .strengthen. the wall at his own expense.. ,, NIFNIeANNNNNNBF1HNSF IOWA CITY PLUMBERS Fa ELECTRICIANS CODE VIOLATIONS- Just a reminder that your annual lic- MISDR4EANOR OR CAPITAL PUNISIMENT ense renewal fees are due. Pees are as ,follows: ., The staff recently.came across a copy of'one of the first building codes � Master Plumbers F, � known, written over. 2000 years beforeElectricians $25.00 II the,time of Christ. %mou,will note- j� Journeyman Plumbers fi that the code apparently dealt with Electricians 10.00 life safety concerns and structural Maintenance Electrician 10.00 integrity.and contained rather.sev- Restricted Electrician : 10.00 ere penalties for improper construc- tion. We certainly feel our codes. Make checks payable to the City of have 'come along way. We thought Iowa City. ;you .would like to see.a copy of the transla- actual code and a Suggested tion.. j i 99T 'ON Pwlad YA101 'kilo VM01 Qiva 39VISOd 'S T Uva rm ! w1CROr!Lh!Cn BY DORM MICR+L.A® OVZZS enrol ',(TTO umoT u0481.1114st,M '11 OTV saOTAaaS uoTlOadsul put, BuTsnoll 3o Tuawitudoo ,(IT0 UMOI go ,(310 _ of Noise ( l I' �. � �Abb mem and ntrol V✓aaingw DC 4fi0 f ' --•.'= rt I k I OL � 4v lr P4 11ty. �%.; l« � d• t AICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r. i AICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i /I QICROFILMED BY JORM MICROLAB "Health is a state of complete physical, mental and social well- being. Governments have a responsi- bility for the health of their people which can be fulfilled only by the pro. vision of adequate health and social measures." World Health Organization Introduction 2 CEDAR RAPIDS AND DES HUINLJ, ,Uro: Racket, din, clamor, noise. Whatever you want to call it, un- wanted sound is America's most widespread nuisance. But noise is more than just a nuisance. It con- stitutes a real and present dan- ger to people's health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress. No one Is immune to this stress. Though we seem to ad- just to noise by ignoring it, the ear, in fact, never closes and the body still responds — sometimes with extreme tension, as to a strange sound In the night. The annoyance we feel when faced with noise is the most com- mon outward symptom of the stress building up inside us. In- deed, because irritability is so ap- parent, legislators have made public annoyance the basis of many noise abatement programs. The more subtle and more serious health hazards associated with stress caused by noise tradi. tionally have been given much less attention. Nonetheless, when we are annoyed or made irritable by noise, we should consider these symptoms fair warning that other things may be happening to us, some of which may be damaging to our health. { I41CROFILMED BY i DORM MICR#LAB CEDAR RAPIDS • DES MOINES ,- Of the many health hazards re- lated to noise, hearing loss is the most clearly observable and measurable by health profes- sionals. The other hazards are harder to pin down. For many of us, there may be a risk that ex- posure to the stress of noise in- creases susceptibility to disease and infection. The more suscept- ible among us may experience noise as a complicating factor in heart problems and other dis- eases. Noise that causes annoy- ance and irritability in healthy per- haps twee ordis concl haps miss for li may of he tiona Th are o sons may have serious conse- studio quences for those already ill in as a d mind or body. Noise affects us throughout our lives. For example, there are indi- cations of effects on the unborn child when mothers are exposed to industrial and environmental noise. During Infancy and child- hood, youngsters exposed to high noise levels may experience learn- ing difficulties and generally suf- fer poorer health. Later in life, the elderly may have trouble falling asleep and obtaining necessary amounts of rest. el The Nois Spec Intr Slee Men Dan i I i QICROFILMED BY JORM MICROLAB "Health is a state of complete physical, mental and social well- being. Governments have a responsi- bility for the health of their people which can be fulfilled only by the pro. vision of adequate health and social measures." World Health Organization Introduction 2 CEDAR RAPIDS AND DES HUINLJ, ,Uro: Racket, din, clamor, noise. Whatever you want to call it, un- wanted sound is America's most widespread nuisance. But noise is more than just a nuisance. It con- stitutes a real and present dan- ger to people's health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress. No one Is immune to this stress. Though we seem to ad- just to noise by ignoring it, the ear, in fact, never closes and the body still responds — sometimes with extreme tension, as to a strange sound In the night. The annoyance we feel when faced with noise is the most com- mon outward symptom of the stress building up inside us. In- deed, because irritability is so ap- parent, legislators have made public annoyance the basis of many noise abatement programs. The more subtle and more serious health hazards associated with stress caused by noise tradi. tionally have been given much less attention. Nonetheless, when we are annoyed or made irritable by noise, we should consider these symptoms fair warning that other things may be happening to us, some of which may be damaging to our health. { I41CROFILMED BY i DORM MICR#LAB CEDAR RAPIDS • DES MOINES ,- Of the many health hazards re- lated to noise, hearing loss is the most clearly observable and measurable by health profes- sionals. The other hazards are harder to pin down. For many of us, there may be a risk that ex- posure to the stress of noise in- creases susceptibility to disease and infection. The more suscept- ible among us may experience noise as a complicating factor in heart problems and other dis- eases. Noise that causes annoy- ance and irritability in healthy per- haps twee ordis concl haps miss for li may of he tiona Th are o sons may have serious conse- studio quences for those already ill in as a d mind or body. Noise affects us throughout our lives. For example, there are indi- cations of effects on the unborn child when mothers are exposed to industrial and environmental noise. During Infancy and child- hood, youngsters exposed to high noise levels may experience learn- ing difficulties and generally suf- fer poorer health. Later in life, the elderly may have trouble falling asleep and obtaining necessary amounts of rest. el The Nois Spec Intr Slee Men Dan ne pro - social 14ILROF10ED BY JORM MICROLAB Racket, din, clamor, noise. Whatever you want to call it, un- wanted sound is America's most widespread nuisance. But noise is more than just a nuisance. It con- stitutes a real and present dan- ger to people's health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress. No one Is immune to this stress. Though we seem to ad. just to noise by ignoring it, the ear, in fact, never closes and the body still responds — sometimes with extreme tension, as to a strange sound in the night. The annoyance we feel when faced with noise is the most com- mon outward symptom of the stress building up inside us. In. deed, because irritability Is so ap- parent, legislators have made public annoyance the basis of many noise abatement programs. The more subtle and more serious health hazards associated with stress caused by noise tradi. tionally have been given much less attention. Nonetheless, when we are annoyed or made Irritable by noise, we should consider these symptoms fair warning that other things may be happening to us, some of which may be damaging to our health. CEDAR RAPIDS AND DES NUINt We Of the many health hazards re- lated to noise, hearing loss is the most clearly observable and measurable by health profes- slonals. The other hazards are harder to pin down. For many of us, there may be a risk that ex- posure to the stress of noise in- creases susceptibility to disease and infection. The more suscept. ible among us may experience noise as a complicating factor in heart problems and other dis- eases. Noise that causes annoy. ance and irritability in healthy per- sons may have serious conse. quences for those already IN in mind or body. Noise affects us throughout our lives. For example, there are indi- cations of effects on the unborn child when mothers are exposed to Industrial and environmental noise. During infancy and child- hood, youngsters exposed to high noise levels may experience learn - Ing difficulties and generally suf- fer poorer health. Later in life, the elderly may have trouble falling asleep and obtaining necessary amounts of rest. Why, then, is there not greater alarm about these dangers? Per. haps it is because the link be- tween noise and many disabilities or diseases has not yet been conclusively demonstrated. Per. haps it is because we tend to dis- miss annoyance as a price to pay for living in the modern world. It may also be because we still think of hearing loss as only an occupa- tional hazard. The effects of noise on health are often misunderstood or un. recognized. Well-documented studies to clarify the role of noise as a public health hazard are still required, but we at least know from existing evidence that the danger is real. In the following nine sections, this booklet de. scribes the ways that noise en. dangers our health and well-being: Hearing Loss Heart Disease The Body's Other Reactions Noise and the Unborn Special Effects on Children Intrusion at Home and Work Sleep Disruption Mental and Social Well -Being Danger to Life and Limb 1 141CROFILMED BY iDORM MICR+L AB i CEDAR RAPIDS • DES MOINES 3 f41CROFiLMED BY JORM MICROLAB "Deafness, like poverty, stunts and deadens its victims. " Helen Keller Hearing Loss Noise loud enough to cause hearing loss is virtually every- where today. Our Jobs, our enter- tainment and recreation, and our neighborhoods and homes are filled with potentially harmful levels of noise. It is no wonder then that 20 million or more Amer. icans are estimated to be ex. posed daily to noise that is per- manently damaging to their hearing. When hearing loss occurs, it is In most cases gradual, becoming worse with time. The first aware. ness of the damage usually be- gins with the loss of occasional words in general conversation and with difficulty understanding speech heard on the telephone. Unfortunately, this recognition a comes too late to recover what is lost. By then, the ability to hear the high frequency sounds of, for example, a flute or piccolo or even the soft rustling of leaves will have been permanently dimin- ished. As hearing damage con- tinues, it can become quite sig- nificant and handicapping. And there is no cure. Hearing aids do not restore noise -damaged hear - Ing, although they can be of lim- ited help to some people. People with partial deafness from exposure to noise do not necessarily live in a quieter world. The many sounds still audible to them are distorted in loudness, pitch, apparent location, or clar- ity. Consonants of speech, es- pecially high frequency sounds such as "s" and "ch," are often lost or Indistinguishable from other sounds. Speech frequently seems garbled, sounding as if the speaker has his or her "head In a barrel." When exposed to a very loud noise, people with par- tial hearing loss may experience discomfort and pain. They also frequently suffer from tinnitus — Irritating ringing or roaring in the head. There is even further pain the hard -of -hearing person faces: the emotional anguish caused, per- haps unintentionally, by friends and associates who become less willing to be partners in conversa- tion or companions in other activi- ties. Indeed, the inability to con - CEDAR RAHUS AND UL5 F1Uirlu, Ivn.. verse normally makes it difficult for partially deaf people to partici- pate in lectures, meetings, par- ties, and other public gatherings. For a person with hearing loss, listening to TV, radio, and the tele- phone — important activities of our lives — is difficult, if not impossible. As hearing diminishes, a severe sense of Isolation can set in. The greater the hearing loss, the stronger the sense of being cut off from the rest of the world. What eventually may be lost is the ability to hear enough of the Incidental sounds that maintain our feeling of being part of a liv- ing world. The emotional depres- sion following such hearing loss is much the same, whether the impairment has been sudden or gradual. The idea that hearing loss is solely the result of in- dustrial noise is dangerously er- roneous. Noise levels in many places and in some of the trans- portation vehicles we use are well above the levels believed to cause hearing damage over prolonged periods. As a rule, whenever we need to raise our voices to be heard, the background noise may be too loud and should be avoided. Y• `��' MICROFILMED BY JORM MICR+LAB CFDRR R1IPIOS • OCS MOINES Noise can cause permanent hearing damage People with hearing loss sufferdis- comfort and social isolation Hearing loss is not solely an occu- pational hazard "We now have millions with heart disease, high blood pressure, and emotional illness who need protec- tion from the additional stress of noise." Dr. Samuel Rosen, Mt. Sinai Hospital Heart Disease While no one has yet shown that noise inflicts any measurable damage to the heart itself, a grow- ing body of evidence strongly sug- gests a link between exposure to noise and the development and aggravation of a number of heart disease problems. The explana- tion? Noise causes stress and the body reacts with increased adren- aline, changes in heart rate, and elevated blood pressure. Noise, however, is only one of several environmental causes of stress. For this reason, research- ers cannot say with confidence that noise alone caused the heart and circulatory problems they 141�,i<Ui ICILO BY JURN NICRULAB have observed. What they can point to is a statistical relation- ship apparent in several field and laboratory studies. The best available studies are those that have been conducted in industrial settings. For ex- ample, steel workers and machine shop operators laboring under the stress of high noise levels had a higher incidence of circulatory problems than did workers in quiet Industries. A German study has documented a higher rate of heart disease in noisy industries. In Sweden, several researchers have noted more cases of high blood pressure among workers exposed to high levels of noise. Some laboratory tests have pro- duced observable physical changes. In one Instance, rabbits exposed for 10 weeks to noise levels common to very noisy in- dustries developed a much higher level of blood cholesterol than did unexposed rabbits on the same diet. Similarly, a monkey subjected to a day -long tape recording of the normal street noises outside a hospital developed higher blood pressure and an Increased heart rate. In a test on humans, people subjected to moderately loud noise during different states of sleep exhibited constriction of the outer blood vessels. Among the more serious re- cent findings in settings other than the laboratory or industry is the preliminary conclusion that LLUAk kAPluS ANU grade school children exposed to aircraft noise in school and at home had higher blood pressures than children in quieter areas. The exact Implications for these chil- dren's health are not known, but certainly this finding is cause for serious concern. Because the danger of stress from noise is greater for those al- ready suffering from heart dis- ease, physicians frequently take measures to reduce the noise ex- posure of their patients. For in- stance, a town in New Jersey moved a firehouse siren away from the home of a boy with con- genital heart disease when his doctor warned that the sound of the siren could cause the boy to have a fatal spasm. Another doc- tor ordered a silencing device for the phone of a recuperating heart patient. As William Stewart, former Sur- geon General of the United States, has pointed out, there are many incidents of heart disease occur. ing daily in the U.S. for which "the noise of twentieth century living Is a major contributory cause." While the precise role of noise in causing or aggravating heart dis- ease remains unclear, the Illness is such a problem in our society that even a small increase in the percentage of heart problems caused by noise could prove debilitating to many thousands of Americans. Noise may produce high blood pressure, faster heart rates, and In- creased adrenaline Noise may contribute to heart and circulatory disease 141CROr RMCD BY ' JORM MICR+LAB rrOAR NAPO': - NCS 1401N6 "Loud noises once in a while prob- ably cause no harm. But chronic noise situations must be patholog- ical. Constant exposure to noise is negative to your health." Dr. Gerd Jansen, Ruhr University The Body's Other Reactions In readiness for dangerous and harmful Is our bodies make automatic and unconscious responses to sudden or loud sounds. Of course, most noise in our modern society does not sig- nify such danger. However, our bodies still react as If these sounds were always a threat or warning. In effect, the body shifts gears. Blood pressure rises, heart rate rJILROFILMED BY JORM MICROLAB and breathing speed up, muscles tense, hormones are released into the bloodstream, and perspiration appears. These changes occur even during sleep. The Idea that people get used to noise is a myth. Even when we think we have become accus. tomed to noise, biological changes still take place Inside us, preparing us for physical activity if necessary. Noise does not have to be loud to bring on these responses. Noise below the levels usually as- sociated with hearing damage can cause regular and predictable changes in the body. What happens to the human body when confronted with ever- present noise? In a world where steady bombardment of noise is the rule rather than the exception, the cumulative effects of noise on our bodies may be quite exten- sive. It may be that our bodies are kept in a near -constant condition of agitation. Researchers debate whether the body's automatic re- sponses build on each other, lead- ing to what are called the "dis- eases of adaptation." These dis- eases of stress Include ulcers, asthma, high blood pressure, headaches, and colitis. In studies dating back to the CEDAR RAPIUS AND UES I•iU1:iL'j 1930s, researchers noted that workers chronically exposed to noise developed marked digestive changes which were thought to lead to ulcers. Cases of ulcers in certain noisy industries have been found to be up to five times as numerous as what normallywould be expected. Similar research has identified more clearly the contribution of noise to other physical disorders. A five-year study of two manufac- turing firms in the United States found that workers in noisy plant areas showed greater numbers of diagnosed medical problems, In- cluding respiratory ailments, than did workers in quieter areas of the plants. From a study done with animals, researchers concluded that noise may be a risk factor in lowering people's resistance to disease and infection. To prevent aggravation of existing disease, doctors and health researchers agree that there is an absolute requirement for rest and relaxation at regular intervals to maintain adequate mental and physical health. Con- stant exposure to stress from noise frustrates this requirement. In doing so, it has a potentially harmful effect on our health and well-being. 141CROFILMED BY ,I J0 RM MICR+LAB CrOAR RANDS • DES MOINES Noise can cause regular and pre- dictable stress in the human body People do not get used to noise — the body continues to react Noise may aggravate existing disease 4n µ. (.re In readiness for dangerous and harmful Is our bodies make automatic and unconscious responses to sudden or loud sounds. Of course, most noise in our modern society does not sig- nify such danger. However, our bodies still react as If these sounds were always a threat or warning. In effect, the body shifts gears. Blood pressure rises, heart rate rJILROFILMED BY JORM MICROLAB and breathing speed up, muscles tense, hormones are released into the bloodstream, and perspiration appears. These changes occur even during sleep. The Idea that people get used to noise is a myth. Even when we think we have become accus. tomed to noise, biological changes still take place Inside us, preparing us for physical activity if necessary. Noise does not have to be loud to bring on these responses. Noise below the levels usually as- sociated with hearing damage can cause regular and predictable changes in the body. What happens to the human body when confronted with ever- present noise? In a world where steady bombardment of noise is the rule rather than the exception, the cumulative effects of noise on our bodies may be quite exten- sive. It may be that our bodies are kept in a near -constant condition of agitation. Researchers debate whether the body's automatic re- sponses build on each other, lead- ing to what are called the "dis- eases of adaptation." These dis- eases of stress Include ulcers, asthma, high blood pressure, headaches, and colitis. In studies dating back to the CEDAR RAPIUS AND UES I•iU1:iL'j 1930s, researchers noted that workers chronically exposed to noise developed marked digestive changes which were thought to lead to ulcers. Cases of ulcers in certain noisy industries have been found to be up to five times as numerous as what normallywould be expected. Similar research has identified more clearly the contribution of noise to other physical disorders. A five-year study of two manufac- turing firms in the United States found that workers in noisy plant areas showed greater numbers of diagnosed medical problems, In- cluding respiratory ailments, than did workers in quieter areas of the plants. From a study done with animals, researchers concluded that noise may be a risk factor in lowering people's resistance to disease and infection. To prevent aggravation of existing disease, doctors and health researchers agree that there is an absolute requirement for rest and relaxation at regular intervals to maintain adequate mental and physical health. Con- stant exposure to stress from noise frustrates this requirement. In doing so, it has a potentially harmful effect on our health and well-being. 141CROFILMED BY ,I J0 RM MICR+LAB CrOAR RANDS • DES MOINES Noise can cause regular and pre- dictable stress in the human body People do not get used to noise — the body continues to react Noise may aggravate existing disease "There is ample evidence that en- vironment has a role in shaping the physique, behavior and function of animals, including man, from con- ception and not merely from birth. The fetus is capable of perceiving sounds and responding to them by motoractivity and cardiac rate change." Lester W. Sontag, The Fels Research Institute While still in Its mother's womb, the developing child is responsive to sounds in the mother's en- vironment. Particularly loud noises have been shown to stimulate the fetus directly, causing changes in heartrate. Related work also has demon- strated that, late In pregnancy, the fetus can respond to noise with bodily movements such as kicking. Just as the fetus is not com- pletely protected from environ- mental noise, the fetus is 10 MICROFILME0 By JORM MICROLAB not fully protected from Its mother's response to stress, whether it be caused by noise or other factors. When her body reacts to noise, the physical changes she experiences may be transmitted to the fetus. And it is known that the fetus is capable of responding to some changes in the mother's body of the type produced by emotion, noise, or other forms of stress. In contrast to the more direct risk, this indirect fetal response may threaten fetal development if it occurs early in pregnancy. The most important period is about 14 to 60 days after conception. During this time, important developments in the central ner- vous system and vital organs are taking place. Unfortunately, women are often unaware that they are pregnant for much of this period, and are thus unlikely to take extra precautions. While very little research has addressed these questions, due to the difficulties of studying humans in this respect, certain suggestive human research has been done. A Japanese study of over 1,000 births produced evidence of a high proportion of low -weight babies in noisy areas. These birth weights were under 5'/2 pounds, the World Health Organization's CEDAR RAPIDS AND OLS MUMU, 'U.;, definitionof prematurity. Low birth weights and noise were also associated with lower levels of certain hormones thought to af- fect fetal growth and to be a good Indicator of protein production. The difference between the hormone levels of pregnant mothers in noisy versus quiet areas Increased as birth ap- proached. Studies have also shown that stress causes constriction of the uterine blood vessels which sup- ply nutrients and oxygen to the developing baby. Additional links between noise and birth defects have been noted in a recent preliminary study on people living near a major airport. The abnor- malities suggested included harelips, cleft palates, and de- fects In the spine. Taken together, this infor- mation points to the possibility of serious effects of noise on the growth and development of the unborn child. While it cannot be said at what level maternal ex- posures to industrial and en- vironmental noise are dangerous to the fetus, these findings do create some concern. It is known that extreme stress of any type will certainly take a toll on the fetus, but, in the case of noise, it Is not known how much is required to have an effect. Whatever the effect, the risk of even a slight Increase in birth defects is considerably disturbing. MICROFILMED By 1, DORM MICR+LA6 CEDAR PANDS - DES MOMIOS 't. The fetus is not fully protected from noise Noise may threaten fetal develop- ment Noise has been linked to low birth weights 11 "Levels of noise which do not inter. fere with the perception of speech by adults may interfere significantly with the perception of speech by children as well as with the acquisition of speech, language, and language -related skills. " Na tional Academy of Sciences Report Special Effects on Children Good health includes the ability to function mentally as well as physically. This is especially true during growth and development. Adults have worried about the effects of noise on children ever since the early 1900s when "quiet zones" were established around many of the nation's schools. These protective areas were in- tended to increase educational efficiency by reducing the various levels of noise that were believed to Interfere with children's learn. ing and even hamper their think- ing ability. 12 MICROFILMED BY JORM MICROLAB Today's worries are little changed from those of the past. Researchers looking into the con- sequences of bringing up children in this less -than -quiet world have discovered that learning dif- ficulties are likely byproducts of the noisy schools, play areas, and homes in which our children grow up. Two primary concerns are with language development and reading ability. Because they are just learning, children have more difficulty un- derstanding language in the presence of noise than adults do. As a result, if children learn to speak and listen in a noisy en- vironment, they may have great difficulty in developing such essential skills as distinguishing the sounds of speech. For exam- ple, against a background of noise, a child may confuse the sound of "v" in "very" with the "b" in "berry" and may not learn to tell them apart. Another symp- tom of this problem is the ten- dency to distort speech by drop- ping parts of words, especially their endings. Reading ability also may be seriously impaired by noise. A study of reading scores of 54 youngsters, grades two through five, indicated that the noise levels in their four adjacent apart- ment buildings were detrimental to the children's reading development. The Influence of noise in the home was found to be more important than even the GEDAk RAPIDS AND UES MUINL;, ,U+,, parents' educational background, the number of children in the family, and the grades the youngsters were in. The longer the children had lived in the noisy environment, the more pro- nounced the reading impairment. Assuming a child arrives at school with language skills under- developed because of a noisy home, will he or she fare any better at school? Again, the an- swer may depend on how noisy the classroom is. In a school located next to an elevated railway, students whose classrooms faced the track did significantly worse on reading tests than did similar students whose classrooms were farther away. In Inglewood, California, the effects of aircraft noise on learning were so severe that several new and quieter schools had to be built. As a school of- f IcIal fficial explained, the disruption of learning went beyond the time wasted waiting for noisy aircraft to pass over. Considerable time had to be spent after each flyover re -focusing students' attention on what was being done before the interruption. But the problem may be well beyond the capacity of the schools to correct. Children who live in noisy homes and play in noisy areas may never develop the ability to listen well enough to IdICROrILMEO By JORM MICR+LAB CEOAR RAPIDS • DES MOINES learn once they are of school age. To avoid this prospect, our con- cern for the health and welfare of the nation's childfen must be broadened to address the total environment in which they grow up. Noise may hinder the development of language skills in children Noise disrupts the educational process 131 "Interference with speech com- munication by noise is among the most significant adverse effects of noise on people. Free and easy speech communication is probably essential for lull development of in- dividuals and social relations, and freedom of speech is but an empty phrase if one cannot be heard or un- derstood because of noise. "EPA Report yJr:Mvi�(JndV Ke!lUie:.M�K.il� }y! If there is one common denominator degrading the quality of all our lives, It may well be the almost constant Intrusion of noise — in the home, at work, and in public areas. One of the most bothersome aspects of this Intrusion is Its Interference with conversation. We may not always be aware of it, but we frequently must speak up to be heard. Others 14 MIGROFILMEU BY JORM MICROLAB must often do the same to be un- derstood by us. Loss of the ability to speak at a normal level and be heard may be far more damaging than we realize. People who live in noisy places tend to adopt a lifestyle devoid of communication and social Interaction. They stop talking, they change the content of the conversation, they talk only when absolutely necessary, and they frequently must repeat themselves. These reactions are probably familiar to all of us. Interference with Indoor con- versation represents only a small part of the intrusion problem. Outdoors, the combination of continuous daytime noise caused by street traffic, construction equipment, and aircraft interrupts speech and can discourage con- versation there as well. For millions of Americans residing in noisy urban areas, the use of out- door areas for relaxed conver- sation is virtually impossible. Noise not only makes conver- sation difficult — indoors or out - it also seems to hinder work ef- ficlency. In general, noise is more likely to reduce the accuracy of work rather than the total quan- tity. And it takes a greater toll on complex compared to simpler tasks. When noise is particularly loud or unpredictable, errors in people's observation tend to in- crease, perception of time may be distorted, and greater effort is required to remain alert. Loud noise also can increase the CEDAR RAPIDS MD UES Aul:,L„ ,04.1 variability of work, leading to breaks in concentration sometimes followed by changes in work rate. Even when noise does not inter- fere with the work at hand, work quality may suffer after the noise stops. Studies and reports from individuals also suggest that people who work in the midst of high noise levels during the day are more, rather than less, susceptible to frustration and aggravation after work. Relaxing at home after a noisy workday may not be an easy thing to do. When the home is noisy Itself, the tired and irritated worker may never be able to work out the day's accumulated stress during the course of the evening. Noise in industrial settings may have the most pronounced effects on human performance and em- ployee health. A coal industry study indicated that intermittent noise conditions during mining have a great likelihood for causing distraction leading to poorer work. Other studies have confirmed additional effects of noise exposure, including exhaustion, absentmindedness, mental c4rain, and absenteeism — all of which affect worker ef- v RICROMMEO BY JORM MICR+LAB MAR RAPIDS • DES MOINES I. ficiency. In the words of Leonard Woodcock, former president of the United Auto Workers, "They (auto workers) find themselves unusually fatigued at the end of the day compared to their fellow workers who are not exposed to much noise. They complain of headaches and inability to sleep and they suffer from anxiety.. . Our members tell us that the con- tinuous exposure to high levels of noise makes them tense, irritable, and upset." Noise interferes with conversation and social interaction Noise hampers work efficiency 15 "The din of the modern city(includes] noises larabove levels foroptimum sleeping. Result: insomnia and in- stability." Dr. Edward F. Crippen, Former Deputy Health Commissioner of Detroit Sleep Disruption Sleep is a restorative time of life, c4ad a good night's sleep is probably crucial to good health. But everyday experience suggests that noise Interferes with our sleep in a numberof ways. Noise can make it difficult to fall asleep, it can wake us, and it can cause shifts from deeper to lighter sleep stages. If the noise interference with sleep becomes a chronic problem, it may take Its toll on health. fD hiICRUFILMED BY JORM MICROLAB Human response to noise before and during sleep varies widely among age groups. The elderly and the sick are par- ticularly sensitive to disruptive noise. Compared to young people, the elderly are more easily awakened by noise and, once awake, have more difficulty retur- ning to sleep. As a group, the elderly require special protection from the noises that interfere with their sleep. Other age groups seem to be less affected by noise at bedtime and while asleep. But their ap- parent adjustment may simply be the result of falling to remember having awakened during the night. Sleep researchers have observed that their subjects often forget and underestimate the number of times they awaken during sleep. It may be that loud noises during the night continue to wake or rouse us when we sleep, but that as we become familiar with the sounds, we return to sleep more rapidly. Factors other than age can in- fluence our sleep. Studies suggest that the more frequent noise is, the less likely a sleeper Is to respond. Certain kinds of CEDAR RAPIDS AND UES NU1;+u, ,vd:+ noises can cause almost certain responses, however. A mother may wake immediately at the sound of a crying baby, but may tune out much louder traffic noise outside. Disruption of sleep does not necessarily include awakening. Shifting in depths of sleep may be more frequent than awakening. For Instance, recent studies have shown that shifts from deep to light sleep were more numerous because of noise, and that light sleep became lengthened at the expense of deep sleep. Studies have also been made of noise complaints and what kinds of annoyance led people to file them. Surveys taken in com- munities significantly affected by noise Indicated that the interrup- tion of rest, relaxation, and sleep was the underlying cause of many people's complaints. When noise interferes with our sleep— whether by waking us or changing the depth of sleep — it makes demands on our bodies to adapt. The implications of these demands for our general health and performance are not well un- derstood. Nonetheless, we need restful sleep and many of us are not getting it. As a result, for millions of Americans, trying to get a good night's sleep still means reaching for sleeping,piils. Y 141CROFILMED BY 1 JORM MICR+LAB CFOAR RAVIOS • OLS MOINES 1. Noise affects the quantity and quality of sleep The elderly and sick are more sen. sitive to disruptive noise When sleep is disturbed by noise, work efficiency and health may suffer 1,1ICROFILMED BY JORM MICROLAB "The Noise, The Noise. I lust couldn't stand the Noise." Suicide note left by a desperate homeowner. Mental and Social Well -Being The most obvious price we pay for living in an overly noisy world Is the annoyance we frequently experience. Perhaps because an- noyance is so commonplace, we tend to take our.daily doses of it for granted — not realizing that the irritability that sometimes sur- faces can be a symptom of poten- tially more serious distress inside us. When noise becomes suffi- ciently loud or unpredictable, or if the stress Imposed is great enough, our initial annoyance can become transformed Into moreex. treme emotional responses and behavior. When this happens, our tempers flare and we may "fly off Ie the handle" at the slightest provocation. Newspaper files and police records contain reports of in- cidents that point to noise as a trigger of extreme behavior. For instance, a night clerical worker, upset about noise outside his apartment, shot one of the boys causing the disturbance after he had shouted at them, to no avail, to "Stop the noise." As other examples, sanitation workers have been assaulted, construc- tion foremen threatened, and motorboat operators shot at — all because of the noise they were producing. Such extreme actions are not the usual responses to noise and stress. Some people cope with loud noise by directing their anger and frustration inward, by blam- ing themselves for being upset, and by suffering in silence. Others resort to a denial of the problem altogether, considering them- selves so tough that noise does not bother them. Still others deal with noise in a more direct man- ner: they take sleeping pills and wear ear plugs, Increase their visits to doctors and keep their windows closed, rearrange their sleeping quarters and spend less time outdoors, and write letters of complaint to government of- ficials. 0 Most of the time these ways of contending with noise are not likely to eliminate the noise or any underlying annoyance. Short of taking extreme action — which Is unlikely to solve the problem CEDAk RAPIUS AIIU UES MUIhu either — most people who cannot cope with noise in these ways typically direct their anger and frustration at others and become more argumentative and moody, though not necessarily violent. This noise -induced, anti -social behavior may be far more prevalent than we realize. Indeed, noise can strain relations between individuals, cause people to be less tolerant of frustration and ambiguity, and make people less willing to help others. One recent study, for example, found that, while a lawnmower was running nearby, people were less willing to help a person with a broken arm pick up a dropped armload of books. Another study of two groups of people playing a game found that the subjects playing under noisier conditions perceived their fellow players as more disagreeable, disorganized, and threatening. Several industrial studies indicate that noise can heighten social conflicts both at work and at home. And reports from in- dividuals suggest that noise in- creases tensions between workers and their supervisors, resulting in additional grievances against the employer. Although no one would say that noise by Itself brings on mental Illness, there is evidence that noise -related stress can aggravate already existing emotional disor- ders. Research in the United r• ,�� • VIICROrIL1410 BY DORM MICR4�LAB CEDAR RAPIDS • DES MOINES States and England points to higher rates of admission to psychiatric hospitals among people living close to airports. And studies of several industries show that prolonged noise ex- posure may lead to a larger number of psychological problems among workers. Noise can cause extreme emo- tions and behavior Antisocial behavior caused by noise may be more prevalent than Is realized 191 "Inability to hear auditory warning signals or shouts of caution because of noise has also been implicated in industrial accidents. " Alexander Cohen, National Institute for Occupa- tional Safety and Health Danger to Life and Limb Two people were killed when Senator Robert Kennedy's funeral train passed through Elizabeth, New Jersey. Because of the noise from Secret Service and news media helicopters, they did not hear the warning blasts from the train that hit them. Although the evidence is scan- ty, the inability to hear warning signals because of high background noise Is thought to be the cause of many accidents each year. For example, traffic ac - 20 oY JutM t•1llnULNo cidents occur and lives are lost because drivers are unable to hear the sirens from nearby or passing emergency vehicles. One study has estimated that when a fire truck or ambulance is In the process of passing a truck, the truck driver Is able to detect the siren for only a very short time — three seconds or less. The rest of the time the truck's noise drowns out the siren, and the warning is undetected. Nowhere is the concern over preventable accidents greater than in industrial settings, where noise levels not only can interfere with concentration and can cause hearing loss, but can hinder communication between em. ployees as well — particularly in times of emergency. A study of medical and accident records of workers in several industries found that a significantly higher number of reported accidents oc- curred in noisier plant areas. The Federal Railroad Administra. tion is aware of this hazard and has identified "high noise -level conditions" as a possible contri- butor in 19 accidents causing deaths of 25 railroad employees, in a 22 -month period. Reports from industrial of. ficials also indicate that the ef. fectiveness of warning signals and shouts in noisy areas is con- siderably diminished and that ac- cidents and injuries are more fre- quent. The effects of masking and speech Interference can be dramatic, as In the case of an ac- cident in an auto glass manufac- turing plant. Noise levels were so high that a worker whose hand was caught in manufacturing equipment received no aid since no one heard the screams. As a result, the hand was lost. As ad- ditional examples, two press- room auto workers in Ohio were permanently disabled when they failed to hear approaching panel MICROFILMED BY JORM MICRWLAB rrpAt7 RAPIn° • 0r5 1401:'IrS racks or warning shouts. Thus it is an unfortunate result of high background noise levels that people cannot respond in life and death situations when they are unable to hear ap- proaching hazards or shouts of alarm. Noise can obscure warning sig• nals, causing accidents to occur Noise can interfere with shouts for help, preventing rescue attempts I•li�dUh ILi•ILU BY J, RM MICRULAB "It is truly a serious problem to escape from noise." William Dean Howells, American Author A Final Word I 22 LLUAR RAViuS ANU OLS When unwanted sounds intrude Into our environment, noise exists. We have all experienced to varying degrees the annoyance and irritation caused by noise. Sometimes this annoyance is brought about by disruption of our sleep or difficulty in falling asleep. At other times, it may be because we have to raise our voices over background noise to be heard or because we are distracted from our activities. Except for the serious problem of hearing loss, there is no human Illness known to be directly caused by noise. But throughout dozens of studies, noise has been clearly identified as an Important cause of physical and psycho- logical stress, and stress has been directly linked with many of our most common health prob- lems. Thus, noise can be asso- ciated with many of these disabil- ities and diseases, which Include heart disease, high blood pres- sure, headaches, fatigue and Irritability. Noise is also suspected to in. terfere with children's learning and with normal development of the unborn child. Noise is reported to have triggered extremely hostile behavior among persons presumably suffering from emotional Illness. It is suspected to lower our resistance, in some cases, to the onset of infection and disease. However, most Americans are largely, unaware that noise poses MICROFILMED BY -? JORM MIC R#LAB 1 EEDRR RAPIDS • DES MOINES such significant dangers to their health and welfare. The reasons for this lack of awareness are clear. Noise Is one of many en- vironmental causes of stress and cannot easily be Identified as the source of a particular physical or mental ailment by the layman. Another reason is that biomedical and behavioral research is only now at the point where health hazards stemming from noise can actually be named, even though some specific links have yei la be found. Dr. William H. Stawart, former i Surgeon 03neral, In his keynote ' addrsas to the 1969 Conference on Noise as a Public Health Hazard, made tha following point: "Must we wail until we prove every link In the chain of causation? I stand firmly with (Surgeon General) Burney's statement of 10 years ago. In protecting health, ab- solute proof comes late. To wait for It is to invite disaster or to prolong suffering unnecessarily. I submit that those things within man's power to control which im- pact upon the individual in a negative way, which infringe upon his sense of Integrity, and in- terrupt his pursuit of fulfillment, are hazards to public health." It Is finally clear that noise is a significant hazard to public health. Truly, noise Is more than just an annoyance. - ._.....,......_w. ,■ F11LA(JtiLMLD by JORM MICRULAB While this booklet contains reliable and important Information on Noise, it is not published in support of any specific EPA Noise Regulation. The technical supporting documentation for any specific EPA Noise regulation will be published In a background document which accompanies the regulation. "Calling noise a nuisance Is like calling smog an Inconvenience. Noise must be considered a hazard to the health of people everywhere." Dr, William H. Stewart, former U.S. Surgeon General Cover Photo, At Whitley Page 4, At Whitley Page 7, H. Armstrong Roberts Page 9, At Whitley Page 10, Linda Bartlett Page 13, At Whitley Page 14, Paul Conklin Page 17, At Whitley Page 19, At Whitley Page 21, Paul Conklin LLUAR kANlu�) AND uL: 1v1:r.._ �^IdlCRDFILMED 81 JORM MICR( CEDAR aAPIDS • DES r _ `t While this booklet contains reliable and important Information on Noise, it is not published in support of any specific EPA Noise Regulation. The technical supporting documentation for any specific EPA Noise regulation will be published In a background document which accompanies the regulation. "Calling noise a nuisance Is like calling smog an Inconvenience. Noise must be considered a hazard to the health of people everywhere." Dr, William H. Stewart, former U.S. Surgeon General Cover Photo, At Whitley Page 4, At Whitley Page 7, H. Armstrong Roberts Page 9, At Whitley Page 10, Linda Bartlett Page 13, At Whitley Page 14, Paul Conklin Page 17, At Whitley Page 19, At Whitley Page 21, Paul Conklin LLUAR kANlu�) AND uL: 1v1:r.._ �^IdlCRDFILMED 81 JORM MICR( CEDAR aAPIDS • DES M;f.kw (LMLU BY JORM MICROLAB • LLUAR RAVIU. AND JL`. :•UPIL.:, .v611 United States Environmental Protection Agency Washington DC 20460 Official BUsinew; Penally for Private Use $300 NICROFILIIED BY ' JORM MIGR�LAB CEDAR RAPIDS - DES MOINES ,v Postage and Fees Paid 5 _ •� 1 r� I EPA A3357" U S.MIII iJ %:•Uil: r .ry Jl t. a' Ix t iM�wMl,��•'++�'v�wMMwuuvr:l:iisW:ri� I r i ii • LLUAR RAVIU. AND JL`. :•UPIL.:, .v611 United States Environmental Protection Agency Washington DC 20460 Official BUsinew; Penally for Private Use $300 NICROFILIIED BY ' JORM MIGR�LAB CEDAR RAPIDS - DES MOINES ,v Postage and Fees Paid ." Environmental Protection Agecy EPA A3357" U S.MIII iJ %:•Uil: