HomeMy WebLinkAbout1987-04-07 Ordinance�'I
ORDINNICE NO. 87-3315
All ORDIMNCE ADOPTING TIE 1985 EDITION OF W U&
FORM FIRE CODE WITH CERTAIN MIDNENIS AND PROVIDING
FOR INSPECTION FEES.
SECTION I. PURPOSE. The purpose of this ordinance
is
repeal certain sections of the Iowa City Fire
Prevention and Protection Code and to adopt the 1985
Edition of the Uniform Fire Code with certain amend-
ments which will then became part of the Ioa City
Fire Prevention Code and to provide for the estab-
lishnent of inspection fees.
SECTION II. ANhAReff. The following sections of
Chapter of the Code of Ordinances of the City of
Ions City, Iowa, are hereby aneded as follows:
1. Section 12-16 of the Code of Ordinances of the
City of Iowa City, Iowa, is hereby repealed and
substituted in its place is the new section
12-16:
Section 12-16. Adopted.
Subject to the following anaudnonts, the 1985
Edition of the Uniform Fire Code is hereby
adopted.
2. Section 12-18 of the Code of Ordinances of the
City of Ias City, Ions, is hereby repealed and
substituted in its place is the new section
12-18.
Section 12-18. Storage zones for explosives
and blasting agents.
In accordance with provisions of Section
77.106, the storage of explosives and blast-
ing agents is limited to I-2 zones, as estab-
lished by Chapter 36 of the Code of
Ordinances of the City of Iowa City, Ias.
3. Section 12-19 of the Code of Ordinances of the
City of Ias City, fors, is hereby repealed and
substituted in its place is the new section
12-19.
Section 12-19 Storage zones for flameble
and combustible liquids in outside
aboveyand tanks.
In accordance with the provisions of Section
79.501, the storage of Class I and Class II
liquids in outside above -ground tanks is
limited to I-2 zones, as established by
Chapter 36 of the Code of Ordinances of the
City of Ias City, Iava.
4. Section 12-20 of the Code of Ordinances of the
City of Ias City, Ias, is hereby repealed and
substituted in its place is the new section
12-20.
Ws
Ordinance No. g-3.3Is
Page 2
Section 12-2D
Petroleum as.. Stuage zones far liquified
In accordance with visions
82.105, bulk storage of liquified Section
petron
gas exceeding 2000 gallons peter capacity is
limited to I-2 zones, as established by
Chapter 36 of the Code of Ordinances of the
City of Iowa City, Iova,
5. Section 12-21 of the Code of Ordinances of the
City of Fara City, Iowa, is hereby repealed and
substituted
12-21. in its place is the new section
Section 12-21. kederts to specific Wi-
fbm Fire Cato sections.
Section79,201 is hereby anended to read as
follows;
Section 79-M(a). kolle. This divi-
sion shall apply to the storage of
flameble and carbustible liquids in
druns or' other containers not exceeding
60 -gallon individual capacity and the
storage of portable tanks not exceeding
300 gallons individual capacity. For
the purpose of this article, flanmable
aerosols and instable liquids shall be
treated as Class 1-A liquids.
Section 11.208 is hereby arended to read as
fol Im.
(a) For perimt to operate a parade float,
see Section 4.101.
(b) Delete.
(c) All rmtorized apparatus shall be pro-
vided with an approved portable fire
extinguisher of at least S-A, 10-8-C
rating readily accessible to the opera-
tor.
6. section 12-47 of the Code of Ordinances of the
City of Iava City, Iowa, is hereby repealed and
substituted in its place is the following new
Section 12-47,
Section 12-47. Inspators: inspection fees.
(a) The chief of the fire department
detail such mmoey
f the fire depart-
ment as inspectors for the bureau of
fire chief c
Prevention , as shall from time to
tim be necessary. The hof the
fire departnent shall recniefcnd to the
city Manager the employment of technical
Inspectors who, Men such authorization
is aede, shall be selected through an
examination to determine their fitness
for the position. The examination shall
be open to ambers and nOmierbers of the
fire deparbrent, and appointments shall
40AT
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Ordinance No. 87-3315
Page 3
be made only after examination and shall
be for an indefinite tens with reoval
onlY for cause.
(b) Fees for inspections and other services
related to enforcerent of the code
adopted by Article II of this chapter
shall be established by the City Council
by resolution and Paid to the Fire
epartment
SECTION III.O REPEALER: All ordinances and its of
ordinance with the Pa
ordinance are hereby repealed• provision of this
SECTION IV. SEVERABILITY: If any section, provi-
sion or par o' a finance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, Provision or part thereof not
adjudged invalid or unconstitutional.
SECTION V. FFECTIVE DATE: This Ordinance shall be
m e ec a- er i mal passage, approval and
i publication as required by law.
1987.
Passed and approved this 7th day of April,
OR
jATTEST: CI,Y C
Naehcr; F Apiji-tin%
By The Ic,lel Llorarlm,Wd
r 7-0
F7,
It was moved by McDonald , and seconded b
that the Ordinance as —rea e a op ed and upon roll ca Strait
were:
AYES: NAYS: ABSENT:
x AMBRISCO
X X BAKER
_COURTNEY
E DICKSON
R MCDONALD
77 STRAIT
E ZUBER
First consideration 3/10/87
Vote for passage: Ayes: Dickson, NcDonald, Strait, Zuber,
Ambrisco, Baker, Courtney. Nays: None. Absent: None.
Second consideration --------
Vote for passage
Date published 4/15/87
bbved by M -Donald, seconded by Strait, that the rule
requiring ordinances to be considered and voted on
for passage at two Council meetings prior to the
meeting at which it is to be finally passed be
suspended, the second consideration and vote be
waived and the ordinance be voted upon for final
Passage at this time.
Ayes: Dickson, McDonald, Strait, Zuber, Ambrisco,
Courtney. Nays: None. Absent: Baker.
Ar
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ORDINANCE NO.
AN ORDINANCE NUDING CHAPTER 9.1 OF TFE CODE OF
ORDINANCES OF THE CITY OF IOIA CITY, ENTITLED "CITY
NG TO LIA-
��INSURANCE AMENDING SECTION NEMNIYARri FOR PLAZA
USE PEWITS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. That Chapter 9.1, "City Plaza," of the
e o rdinances of the City of Iowa City, Iowa,
be, and the sane is hereby anended by repealing
Section 9.1-7, and enacting a new section in lieu
thereof to be codified the Sane to read as follows:
Sec. 9.1-7. Use of City Plaza.
(a) Permitted uses: Permitted uses include
those listed below. other uses consistent
with the purposes stated in Section 9.1-1
may be permitted if specifically approved.
When a mobile or terporary use is allowed,
it is understood that this authorization
does not extend to Zone 1 or Zone 2 areas
which are already leased for other purposes;
e.g. mobile vending carts may not approach
Patrons seated in a sidealk cafe.
(1) hdbulatory vendors, e.g. balloons or
Portraits (Zone 1, 2, 3).
(2) Mobile vending carts for foal, flow-
ers/Plants, newspapers/magazines, etc.
(Zone 2).
(3) Plaza cafe (Zone 1, 2).
(4) Stairways to basements. Pursuant to
Chapter 104A of the Code of Iowa,
stairways shall only be permitted when
the business of the baserent level has
an alternate entrance which makes it
accessible to the handicapped or other-
wise complies with state law (Zone 1).
(5) Display window extensions (Zone 1).
(6) Building front and/or basement exten-
sions provided the use of the extension
is the sale as the store activity (Zone
1).
(7) Mmicipally owned kiosks.
(8) Landscaping (Zone 1, 2).
(9) Arts and crafts sales of handrede
articles by an organized guild, asso-
ciation or club on an occasional basis
(Zone 1, 2).
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Ordinance No.
Page 2
(10) Sales or exhibits by individual artists
or artisans and food vending on a
terporary basis for special events
(Zone 1, 2, 3). Zone 3 users must be
totally ambulatory.
(11) Events of an educational or entertain-
ment nature (Zone 1, 2, 3). Zone 3
users must be totally ambulatory.
(12) Noncmmercial speech activities, in-
cluding but not limited to political,
religious and other noncommercial
expressive speech (Zone 1, 2, 3). Zone
3 users crust be totally ambulatory.
(13) Commercial speech activities, including
but not limited to the dissemination of
information about commercial products
and/or services and/or the canvassing
of public opinion and attitudes regard-
ing comercial products and/or services
(Zone 2).
(b) Usable area:
(1) Zone 1: Permits may be issued for any
part of Zone 1. Building extensions
shall only be allowed %here, in the
sole judgment of the city council, such
extensions enhance the quality of City
Plaza.
(2) Zone 2: The usable areas are as sham
on the plaza diagrars on file in the
office of the city clerk.
(3) Plaza landscaping may be modified or
removed to a limited extent, if the
next effect enhances the ambience of
the City Plaza and if approved as part
of the permit application. The appli-
cant in such cases mut agree to re-
store the plaza landscaping to its
original condition upon termination of
the permit and provide a bond or escrow
account in an arount determined by the
city.
(4) Zone 3: The area is to be used only
for ambulatory vendors with its primary
purpose to be maintained as an emer-
gency/service lane.
(c) Days and hours of operation: Building
extended onto the City Plaza are to be open
at least during normal retail business
hours, Monday through Saturday, throughout
the year. Sidewalk cafes and mobile carts
may operate seasonally but mut be at least
in operation substantially through normal
retail business hours, Monday through Satur-
day, May 1 to October 1. Other months of
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i
Ordinance Pio.
Page 3
operation may be granted
aby
mbulatory vendors Permit for
Product is related 'other season. when the
titre of operation for season. The
vi ded in section 9.1-8(c) laza cafes is pro_
(d) Noise control: My request for the use of
bepe rust be specifically ?Pproved and rtey
permitted only if it will encourage an
audio ambience within the City Plaza, while
publat ice{ro�arre time Protecting the general
sound that is disturb a' volare or type of
for a Pedestrian area, n9 or inappropriate
(e) The application shall include an aot
Pursuant to which the applicant shall
to indennify+ defend, and save harmless the
City of Iowa City, its agents, officers and
7aPloyees, from and against ail claims,
lawsuits, damages, losses and expenses in
theactivity resulting from or arising out of
The applicat shall atevent call ��s maintain a
Policy of liability insurance in effect in
mothe minimm amount of three hundred thousand
lars ($300+x.00 for Personal injuries
Property� sonic dollars (550,000,00) for
activit. The arising out of the permitted
city clerk evidecehofnsuchainsurancll file e either
in the form of the Policy or a certificate
of insurance on a form approved by the city.
Such insurance policy shall, at the City's
option, either name the city as an addi-
tional insured, or shall
for the contractual indeprovide coverage
provide
provision
contained in the application.
The city manager 111x+ in consultation
With the city attorney and risk manager,
require insurance coverage amounts in excess
Of those stated above when in the city's
judgnent the activity or event being spon-
sored on city Property creates a higher than
U
sual risk of liability exposure due to the
nature of the activity or event, or due to
thecthe a�ted Timber of participants or
The city manager MY, in consultation
with the city attorney and risk manager,
waive the indemnity agreement and insurance
sod repents for events or activities spon_
Y gencies of the State of Iava, the
University of Iowa, or other govemrrental
in
suto anbdivisions, Provided such entities enter
agreehmt satisfactory to the city
#476
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Ordinance No.
Page 4
attorney to indemnify and hold harmless the
cees
ity, its officers, agents EnploY
and against all claims lawsuits
doges, losses and expanses in anl�uits,
resulting from or arising out of y manner
itY or event covered b the activ-
accept full responsibilitythe
sad permit, °r' to
or event, and to def tsaid activity
cers, agents and end the city, its off7-
thereto. �P7°yees with regard
(f) PerGo nce time limits: hbbile vending
carts must be in operation within sixty (60
days of the start date providefor in the
d
Permit' or the permit approval shall auto-
natically expire.
(g) or intaini The applicant is responsible
area Proximity to his/her locationwie clean and
nth
hazard -free condition, includi re-
�val far a distance of ten (1D feet fro,
i Y structure occupied by the applicant
SWP7eruntary mus*
trash containers
provided if considered t be
finecessary and s�i-
eri in the nec
Of all
7ease a permit The exterior
tained is ructures and carts must be Min -
(h) Illumnatio coition by the applicant.
tion of Nighttime interior illtmina-
extensions, all
ulay W ilding fronts and basement
basemnt stair display windav extensions and
hours of operation wells is required during
(1) Npaper-vending nechines: The city will
make available at a reasonable cost, space
in the city -owned
ti City PlazanewsPaPer' dispenser units
tions . In the case of mare applica-
Proceduthan available space, a selection
andre that is deemed fair, reasonable
1 LaWropriate by the city shall be estab-
Q) Construction costs: All costs of
construe-
7 Ing ts of to be paid by the applicant, in -
C1 ty Plaza caused b�ge or repair to the
SECTION II. SEVERgBILI1Y � e construction.
prov s ons o s If any of the
declared 117 mance are, for any reason,
Of this ordi�7cer void, then the lawful Provisions
unlawfulProvision
' which are severable from said
force Provisions, shall be and remain in full
contained no illegffect,al the sane as if the ordinance
SECTION III, illegal or wid Provisions.
fra
o nances I�PEAiER: All ordinances o• Parts of
ordinance are hereby with the Provisions of this
Y rePea7ed• These are:
#8C
ordinance No.
Page 5
ordinance No. 86-3288, Section II, paragraph 3
(June, 1986)•
SECTION III. EFFECTIVE DATE: This ordinance shall
be in ful force and effect fawarovidtherd its final
passage and publication as by
Passed and approved this
084
and seconded by
Med and upon roll call ere were:
ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCOONALO
STRAIT
ZUBER
n 3/10/87
: Ayes: Dickson, McDonald, Strait, Zuber,
Courtney. Nays: None. Absent: None.
on
#J(P
I,f
ORDINANCE No.
AN ORDINANCE NfAI1G CHAPTER 31, "STREETS, SIDE-
4lALICS, AND PUBLIC PLACES," OF THE CODE OF OFDINANCES
OF TFE CITY OF IOWA CITY, IOWA, ARTICLE VI THEREOF
PROVIDEEGGREATER FLEXXIBIING IBILITYSIN MEETING INSURANCE CTION 31-137 NTOA
ND
HOLD HAR41SS REQUIRRENTS FOR USE PERMITS.
BE IT ORDAINED BY TIE CITY COINCIL OF TIE CITY OF
IONA CITY, IDIdA:
SECTION I. an�hu lc Places," C
"of the Code oChapter 31, f Ordinancesreets ofCity of Iowa City, Iowa, Article VI thereof "Use
Permits," be, and the sane is hereby mended by
repealing Section 31-137 thereof, and to enact in
lieu thereof a new section to be codified the same
to read as follows:
Section 31-137. Sane - Contents; aompoWr4
do wmh.
(a) The application form for any permit for the
use of any street, sidewalk, or roadway shall con-
tain, in addition to any other information the city
manager shall dean necessary, the following inforne-
tion:
(1) Nacre and address of the applicant and the
sponsoring organization, if any, and the names
and addresses of the officers and erployees of
the sponsoring organization.
(2) The type of use to be requested, whether it is
to be a parade, public entertairment, rally,
deronstration, or any combination thereof.
(3) The location proposed to be used, unless the
site is to be selected by the city manager.
(4) The e)Wcted size of the using group. Such
estimated size shall not be held to be conclu-
sive of the size of any group,
(5) The date and time of such use and the method
of advertising it, if any, in detail.
(6) The nacres and addresses of the persons to be
in (1) If a� of such use at the park site.
parade, public entertainment, rally,
demonstration, or any corrbination thereof, the
nacres and addresses of any persons to be
featured as entertainers or speakers, a list
of mechanical equiprent to be used, any motor
vehicles to be used, any animals to be used,
and a description of any sound mplification
to be used.
(8) Proposed policing of the group which shall
include the number of people to direct traf-
fic, set up and clean up and to maintain order
if necessary during the event or use if such
Policing is necessary. If the city manager
deeps it necessary to require special duty
__7
police, such application shall set forth the
number to be employed, which employment shall
be the responsibility of the applicant.
(b) The application shall include an agrement
pursuant to which the applicant shall agree to
irde nify, defend, and save harmless the City of
Ioaa City, its agents, officers and employees, from
and against all claims, lawsuits, damages, losses
and expenses in any manner resulting from or arising
out of the activity or event covered by the permit.
The applicant shall at all times maintain a policy
of liability insurance in effect in the minimum
aunt of three hundred thousand dollars
($300,000.00) for personal injuries and fifty thou-
sand dollars ($50,000.00) for property damage aris-
ing out of the permitted activity. The applicant
shall file with the city clerk evidence of such
insurance either in the form of the policy or a
certificate of insurance on a form approved by the
City. Such insurance polity shall, at the City's
option, either name the City as an additional in-
sured, or shall provide coverage for the contractual
indemnity provision contained in the application.
The city manager may, in consultation with the
city attorney and risk manager, require insurance
coverage amounts in excess of those stated above
xhen in the City's judgment the activity or event
being sponsored on City property creates a higher
then usual risk of liability exposure due to the
nature of the activity or event, or due to the
expected number of participants or spectators.
The city manager my, in consultation with the
city attorney and risk manager, waive the indermity
agreement and insurance requirements for events or
activities sponsored by agencies of the State of
Iowa, the University of Iowa, or other govermnental
subdivisions, provided such entities enter into an
agreement satisfactory to the city attorney to
indermify and hold harmless the City, its officers,
agents and employees from and against all claims,
lawsuits, damages, losses and expenses in any manner
resulting from or arising out of the activity or
event covered by the permit, or to accept full
responsibility for said activity or event, and to
defend the City, its officers, agents and employees
with regard thereto.
(c) The application shall be accampanied by a bond
purchased by the applicant in an amount determined
by the city manager, to be a reasonable amount,
based upon the use and the expected size of the
group, to
ohe bProposed.
or the applicant
shall se
*97
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(d) The city Tanager nay waive any of the above
requirenents when not applicable to the proposed use
or event and my prescribe different forns for the
applications for different events, as long as they
are generally in conformity with this section. (Code
1966, S 718.6; Ord. No. 2618, 5 VII)
SECTION II. SEVERABILITY CLAUSE. If any of the
provisions o is ordinance are for any reason
declared illegal or void, then the lawful provisions
of this ordinance, which are severable from said
unlawful provisions, shall be and renin in full
force and effect, the sane as if the ordinance
contained no illegal or void provisions.
SECTION III. REPEALER. All ordinances or parts of
Oluirldnces in conflict with the provisions of this
ordinance are hereby repealed. These are:
Ordinance No. 2618, Section VII, paragraph I
(March 1972).
SECTION IV. EFFECTIVE DATE. This ordinance shall
SERI,
forcea fran and after its final
Passage and publication as by law provided.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
_ V8%
It was moved by , and seconded by
that the Ordinance as rea e a opted and upon roll call there were:
AYES: NAYS: ABSENT:
AMBRISCO
Y BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration __L10 87
Vote for passage: Ayes: McDonal , Strait, Zuber, Ambrisco,
Baker, Courtney, Dickson. Nays: None. Absent: None.
Second consideration
Vote for passage
Date published
#97,
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