HomeMy WebLinkAbout1987-12-01 Ordinance.V'
0
ORDINANCE NO. 87-3349
ORDINANCE TO AIENO TLE ZONING ORDIWa TO ALLOW
ACCESSORY APAMMWS IN THE RR -1, RS -5, RS -8, RS -12,
84-12, 81-20 AND RPG -20 ZONES.
*ERFAS, zoning regulations are intended to
Promote the public health, safety, order, and gen-
eral Wthe to Conserve and protect value of
oProperty;fthe laelandand and d entourage
of ; the most appropriate use
k EREAS, accessory apartments promote the effi-
cient use of older hones and encourage investment in
and preservation of historic houses or houses in
older neighborhoods; and
WERFAS, accessory apartments make it financially
theirbhanthe elderly or apped to remin in
without subsidies despite rising prop,
erty taxes, heating bills, and maintenance costs.
and
�*ERFA4, accessory apartments provide security
companionship for the elderly or handicapped
through shared housing arrangements; and
the a1 ave�
, or accessory apartments provide a way the elderlyfor
icatoje. to stay in bras they
might otherwise h
NOW, THE CRE. FE I7 RESOLVED BY M CITY OF
IOWA CIfY:
SECTION I. ANENppgS, The Zmi
e y amen as o oWs: n9 Ordinance is
1. The following new subsection is added to Section
36-4.(a):
(2.1) Accessory apartments. A terporary acces-
sory dk'lling unit located within an
Der -Occupied single-family Belling and
meeting the requirenents stated herein
36-4.(e): following 2. The drg new subsection is added to Section
(1.1) Elderly, A person at least 62 years of
age or 3. Section 36.4. (H) is hereby
substitutaf in its place is threpealed
followirg ew
Section 36-4.(H):
(1) Handicapped, A Person certified by a
medical doctor as having a Physical or
nxntal irpairnert Which is expected to to
Of lag -continued and indefinite duration,
Which substantially jgoedes the ability to
live independently and is of a nature that
the ability to live independently could be
improved by more suitable housing condi-
tions.
.1.
s
Ordinance No. 87-3349
Page 2
4. The following new subsection is added to Section
36-4.(H):
(1.1) Hedge. A boundary formed of a row of
closely planted shrubs or bushes.
5. The following new subsection is added to Section
36-6. (C):
(4) Accessory apartments, subject to the re-
quirements of Section 36-55.
6. The following new subsection is added to Section
36-7.(C):
(3) Accessory apartments, subject to the re-
quirements of Section 36-55.
7. The following new subsection is added to Section
36.8.(C):
(5) Accessory apartments, subject to the re-
quirements of Section 36-55.
8. The following new subsection is added to Section
36-10.(C):
(4) Accessory apartments, subject to the re-
quirenents of Section 36-55.
9. The following new subsection is added to Section
36-11.(C):
(5) Accessory apartments subject to the re-
quirements of Section 36-55.
10. The following new subsection is added to Section
36-12.(C):
(10) Accessory apartments, subject to the re-
quirements of Section 36-55.
11. The following new subsection is added to Section
36-13.(C):
(7) Accessory apartments, subject to the re-
quirements of Section 36-55.
12. The following new subsection is aided to Section
36-55:
(a.l) Accessory tments.
The installation of terporary accessary
apartments in owner -occupied, single
family hares is permitted in accordance
with the following requirerents:
(1) The accessory apartment shall be
canplete, separate housekeeping
(dwelling) unit, independent in
function frau the principal single-
family dwelling unit.
(2) Not more than one accessory apart-
ment may be establishes in a single-
family dwelling.
(3) The owner of the dwelling in which
an accessory apartment is located
must occupy at least one of the
dwelling units on the penises as
the permanent legal resident, except
/to t3
.1.
Ordinance No. 87-3349
Page 3
for bona fide temporary absences not
to exceed six months at any one
time.
(4) The accessory apartment and the
principal dwelling shall be under
the same ownership.
(5) The accessory aparbrent shall be
designed so that the appearance of
the building in which it is located
remains that of a single-family
residence. Any reeve entrances should
face the side or rear yard of the
building, and no addition for an
accessory apartment shall increase
the floor area of the original
Belling by more than 10%.
(6) One additional off-street parking
space shall be provided for the
accessory apartment.
(7) Maximum floor area. The accessory
apartment shall be clearly subordi-
nate in area to the single-family
dwelling. In no case may the acces-
Ofrthe�burilding'stain than 3D%
s total fjoor area,
or be larger than 800 square feet,
or have more than two bedrooms.
(8) Minimum floor area. The accessory
aparbnnt shall have at least 300
square feet of floor area.
(9) Minimum lot area per unit. None.
(10) Prior to the issuance of an acces-
sory
aparment fille in theoffthe MW
icee of the
Johnson County Recorder a declara-
tion of covenants stating that the
right to maintain an accessory
�
le an thesright to maintain an
accessory aparbmnt in no way con-
stitutes approval of the dwelling as
shallllbe provided to the Department
of Housing and Inspection Services
as a prior condition to issuance of
(11) the A notarized affidavit from the aver
verifying that he/she will occupy
I of the dwelling units on the
premises except for bona fide tenpo-
rary absences and that one of the
Occupantesis submit ed Ito or the City prior ed
shall br
to issuance of an accessory prior
ory apart -
/G 93
o•
a
Ordinance No. 87-3349
Page 4
rent permit. Thereafter, the owner
shall, as a requireneit for continu-
ance of the accessory apartment use,
submit a notarized affidavit by
January 31, each year, certifying
corpliance with this requirement.
(12) The effective period of the permit
shall be for three (3) years. At
the end of every three (3) years,
renewal of the accessory aparime t
permit should be granted after
carnpletion of a routine housiry
inspection verifying that the prop-
erty remains the principal residence
of the aver and that all of the
conditions of this chapter have been
met.
SECTION II. REPEALER: All ordinances and parts of
o mances mn
contlIct with the provision of this
ordinance are hereby repealed.
SECTION III. SEVERABILITY: If any section, provi-
slon or Part Cyr one UnImance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
vhole or any section, provision or part thereof rot
adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE: This Ordinance shall
be in effect after it—fi—nal passage, approval and
publication as required by law.
Passed and approved this ist day of
December, 1987.
YR ro: em
a•.
/G 93
It was moved by Strait and seconded by Zuber
that the Ordinance as rea e a ap ed and upon roll ce ere were:
AYES: NAYS: ABSENT:
% AMBRISCO
Z— BAKER
7_ X COURTNEY
% DICKSON
X MCDONALO
X STRAIT
ZUBER
First consideration 11/10/87
Vote for passage: yes: a er, Courtney, Dickson,
McDonald, Zuber, Ambrisco. Nays: None. Absent: Strait.
Second consideration 11/17/87
Vote for passage: Ayes: Courtney, McDonald, Strait,
Zuber, Ambrisco, Baker. Nays: None. Absent: Dickson.
Date published 12/9/87
P
14 93
ORDINANCE 1D. _
AN ORDINANCE ANIDING CHAPTER 31 OF TIE CODE OF
ORDINANCES CF -RE CM OF IOl1A CITY, IOWA, BY ADDING
PROVISION FOR REQUIRING EROSION CONiFd7L DEPOSITS AS
A COIDITION 1D TlE ISSUAIEE OF A BUILDING FERgrr.
SECTION I.
PURPOSE• Oui ing construction, dirt,
mxt, gravel and other debris is often deposited on
public rights-of-wra
struction proY b Y persons involve in con_
p leas• The Purpose of this ordinance
\s to require clean-up escrow deposits as d cordi-
EiQQ�n to the issuance of building permits in order to
cove• the cost of cleaningthe dirt mud
debris rom the public treets, storm 'gravel or
i ters or atch bans vhen a builder or sewers,
does
not do the lean -up work,
SECTION II. WMIiS. Chapter 31 of the Code of
0 finances o Ci y of Ia Cit
amended as foil r. Y, is hereby
j 1• Sec. 31-11 is hereby deleted and the full
are inserted 1 lieu thereof: z
(a) No aver or rson in Possession or control
of any Pro ty shall deposit or allow to
1 be deposited any means, 1 uding but
not limited to, erosion, us of construc-
tion equipment, tracki by vehicles,
any dirt, mew, gr vel or other debris of
i any sort (hereinaft ectively referred
I to as "debris") u the public right-
of-way. Such dePos' f debris
publ is right -of -wa is upon the
e.
As used in this ection, theltermu�P bj
ic
right-of-way" ncludes
alley, sidewa ublic streets,
and catch and storm ,ers, gutters
ins.
I (b) In the ev that debris is sitedupon
the publ' right-of-way as scribed in
subsecti n (a), the aner or rson in
Posses on or control of the pro t frdn
i which the debris Wes deposited all tp
res sible for removing the deybri from
th iceoridenanright a d in ra aspetllata flout
han
e same day When the debris Was deposit
f the owner or person in possession
control of the property fails to remove the
debris in a timely manner as Prescribed
herein, the City may, after reasonable
oral notice to the avner or person in
Possession or control of the Property,
remove the debris and assess the cost of
such work against the Property for collec-
tion in the sae manner as a property tax
0
/70 9
.V'
v
Ordinance No,
Page 2
(c)
(d)
if there is no clean-up escrow relating to
(d property as described in subsection
Notwithstanding any other provisions of
this section, whenever, in the judgenent of
the Director of Public lbrks or the Police
Chief, an emergency exists creating a
health or safety hazard which requires
immediate renoval of debris frau the public
right-of-way, the City may remove the
debris, and charge the clean-up escrow
P vided pursuant to subsection (d) or
as s the cost of renoval against the
pro rty for collection in the same manner
as a perty tax. However, prior to either
chargi the costs against the escrow or
making assessment, the City shall give
the prope y over written notice of an
opportunity for a hearing, before the
Director of blic Warks or his/her desig-
nee, concerni the arount of the charge or
assessment.
Prior to issuan of any building permit
an applicant shal establish a cash clean
rp escrow with City Treasurer to se e
as security for the cost of cleaning ris
from public rights- -my near cons uction
sites during the con truction per' .
(1) Deposits shall rve as curity for
the cost of cle up ch the City
incurs when debr s ' deposited on
public rights -of wa y erosion fran a
construction sit , by construction
equipment, or by tra king by vehicles
entering or 1 ving site, and the
right-of-way is not leaned by the
person or rsons res sible for the
clean-up and the City performs the
work.
(2) The t of the cle -up escrow
sha be established by the city
Cil by resolution, and include
arount for individual lots, as well
as a builder's or contractor's eposit
covering work on more than one 1 .
;) After all erasion control meas es
have been completed, and after iss -
ance of the occupancy permit, th
unused portion of clean-up escrow
shall be refunded within 30 days of a
request for return of tFre deposit.
(4) Notwithstanding the foregoing, if the
clean-up escrow is not sufficient to
cover the cost of work by the city,
the balance of such costs may be
.1.
Y
Ordinance tio.
Page 3
s o
assessed against the Property for
collection in the
sane manner as a
tax.
(5)
If a builder's/contractor's deposit
.
amount falls below eighty percent
(80%) of the
anouit required, the
building inspector is authorized to
withhold new building permits and
stop work on all of s h
builder's/contractor's
projects til
the escrow is restored to full
SEamolmt
III.
ordinan
[EPEALERI�Alloordinances parts of
in
ordinance
conflict with the
her repealed. Prwi ion of this
SECTION IV.
VERABILITY: If an section
non or Par o 0 finances 1 be , Pr vi
be invalid a^ unnstitutiona , such addjudicaattioin
shall rat affect validit of
Vhole or any sectionthe Ordinance as a
, i on or part thereof not
adjudged invalid or unc dtutional.
SECTION V. EFFECTIVE This Ordinance shall be
in a ti a er i mal ssa�' approval and
publication as requir by law.
Passed and a e l Mic
ATTEST:
Recolvad & APProved
By The eon1 Department
12a` 7
/?o 9
.1.
Y
ORDINANCE M. 8=
AN ORDIMME *ENDING CMpTER 8 �
BUILDING REGIATION4," lfF CCS �OUILDINGS
TlE CITY OF IOWA CITY IOWA, O REPEALING SES OF
ARTICLE
VI,
15 "ELECTRICITY AND ," TIfREOF, SECTIONS 8-101 THRDM
VI, TD ADOPT gYgYTING IN LIEU THEREOF A U34 ARTICLE
N4TIONt ELECTRICAL CODES a 19E7 EDITION IF TIE
TIERETO. Ab CERTAIN aENCDENTS
PftF/V4BLE: The Purpose of this ordinance is to adopt
the 1987 edition of the National Electrical Code as
anedeb hereon, in order to provide for m m
effective mforcenont of the Electrical Code of the
Code of Ordinance of the City of I" City, Ioye.
IOWA C T OMAItto) BY llE CITY COUNCIL OF 1lE CITY OF
SECTION. I. That Chapter 8 "Buildings and auildirg
u a ams," of the Cade of Ordinances of the City
of Iohe City, Ione, be, and the sane is hereby
anendai by repealing Article VI thereof, "Elecric-
atY," Sections 8-101 through 8-154
lieu thereof a nav Arti, and enacting in
cle VI to read as follows:
ARTICLE y[, ELEMiCnY
Sec.
D
8-101. Short title.ALIY
herThisby chapter
d all provisions incorporated
the Iab Cot Or otherwise, shall be known as
Code may be citedCity
as Code or the Elecrical
herein as such and as such and wil"l be referred to
Ordinances of °this code.Where tits Cade of
the City of fare City is referred to
Of Ordinances "
In this article, it will be referred to as the "Code
.
Sec. 8-102. ScopeThe .
ns
thicode
installations of electricalsconductorsall ard apply to
Within or on public and private struequ7pnt
penises; also tare structures and
conductors that connect the
outsideaconducto a tore ar{jsupply of electricity and other
mobile or acent to the penises; also
manufactured oned hum
occupancy within Iow City, Additions, alterations
and repairs to existing electrical equ
carP1Y with the provisions ipsrt shall
Sec.of this code,
• 8-103. Definitions.
deffno toona�jl of this tale, the following
Electrical Cork: 6
tions, alterations Shall rtmn all uses, installa-
cmnectims disc moire' renwals, replacenents,
pr8nises wird system
tions and maintenance of all
A fire va j ' be a
t
Underwriter's Laboratories testsThis ire 11 oder
a separation betyRm 'Lye i2J o• more buildings, as
.o•
Y
Ordinance No. 87-3350
Page 2
Sec. 8-104. Adoption of National Electrical
Code.
Subject to the following anadnents, the 1987
Edition of the National Electrical Code, adopted by
the National Fire Protection Association on %y 21,
1986, is hereby adopted by reference as provided by
Section 380.10 of the 1987 Code of Iowa.
Sec. 8-105. Amid eats to the National Electri-
cal Code.
(a) Iona City anandnrnts to the 1987 Edition of
the National Electrical Code are as follows:
(1) Basement lighting fixtures. In all types of
occupancies except industrial, one permanent
lighting fixture shall be provided for each two
hundred (200) square feet of floor area. Stairway
lighting shall not be included when calculating the
required nota of fixtures for the gross floor area
of basements or cellars.
(2) Electrically controlled heating wits shall
be supplied by a separate circuit, with a properly
fused switch at the heating unit. All heating units
shall be properly grounded. All wiring on the
heating unit shall be in electrical metallic tubing,
rigid metallic conduit or flexible metallic tubing.
(3) All circuits shall be continuous by means
other than attachment to the devices.
(4) All types of flexible conduit and bbing may
be used where conduit must be fished into concealed
places or where subject to vibrations or on light
drops. A maxirun length of flexible conduit of
seventy- (72) inches may be exposed. Wien
flexible conduit is used, a groundirg conductor of
equal current -carrying capacity to the largest
current -carrying conductor shall be installed, and
be fastened to the fixture ad/or box. This shall be
done with the appropriate screw which is colored
gam.
(b) The following provisions of the National
Electrical Code are deleted:
h 310-19
dealing with thrmNote No. 3 yovireTables l6rorreesidential
service.
R) Article 310-23 through 310-31.
) Article 333, dealirg with Armored Cable.
(4) Section 600-4 dealing with listing require-
ments for signs.
Sec. 8-106. loved buildings.
Structures moved into or within the city shall
Comply with the provisions of this code for new
structures.
Sec. 8-107. Existing buildings.
Existing Installations. Electrical systems and
equipment lawfully in existence at the time of the
s ,
Ordinance No, 87-3350
i
Page 3
adoption of this code rmay have their use mainte-
nance or repair continued if the use, maintenance
i
s r(cr
or
repair is in accordance with the original design and
no hazard to life, health
or property has been
crated by such electrical system and aluiprent
f
Changes in Building Ocagancy. Electrical
system and
equipnrot which are a part of any
building or structure undergoing
a change in use or
occupancy, as defined in the Building Cade, shall
comply with the requirenents of this code which are
applicable to the new use or occupancy.
Sec. 8-108. Furnishing am ent prior to approval
of wiring.
No person, firm or corporation carrying current
for supplied
PO'" to electrical heat, light or
power in the city shall
connect its system or
furnish currentfor electrical purposes to any
building on
any Premises which have not been
inspected and approved by the electrical inspector,
i
Any Person, fine or corporation shall, Upon written
notice frau the electrical inspector
to do so,
immediately disconnect such building or
{renises
fran its source of current.
Sec. 8-109. Tel orary electrical work.
Temporary electrical work shall mean work that is
Obviously installed
for the convenience of a
contractor or builder during construction.
Such
work shall be the canplete responsibility of
wherever installs it but shall
require the inspec-
tor's approval prior to being used.
Sec. 8-110. Services.
l service residen-
in ll
tial withintheCity
shaces
bee of a class
howl as rigid conduit,
canpodiatesed of either interme
metal, EMr conduit, or nonmetallic,
herei except as
herein provided, If non-metallic conduit is used,
It
shall be of schedule 87 as defined by Under-
writer's Laboratories; IF ENT is
used, it shall be
rain -tight fittings as approved by Underwriter'sLaboratories.
(b) The minimum height of the service lateral
shall be twelve (12) feet above the ground or grade
line. The mustlead shal l be
above this height,
(c) Services on ranch -type buildings where a
service entrance goes through the roof mat be
.o•
not
less than two-inch rigid steel and extended above
the roof not less than thirty-six
(36) inches
xxnplete with service head and thirty-six (36)
inches of wire extending from the
service head. Pipe
is to be secured on the wall with two (2) hole
straps or an equivalent and weatherproofed where it
extends through the roof,
cs
Ordinance No. 87-3350
Page 4
(d) All service entrances for comercial or
industrial buildings shall be rigid metal conduit,
except that portion of the service which is
underground may be Schedule 40 non-metallic conduit.
Schedule 80 non-fretallic conduit ney be used on
services 400 amp and Smaller.
(e) For installations in residential occupan-
cies, no service shall be smaller than one hundred
(100) amperes. All occupancies over two thousand
five hundred (2,500) square feet of floor space,
including the basement but excluding the garage,
shall be served with a minimum service size of two
hundred (200) amperes.
(f) All service entrance locations in the
central business district shall be approved by the
electrical inspector before installation.
(g) Each building shall be served with a single
set of service entrance conductors. The service
conductors shall be properly protected through a
single main disconnect, except a residential
tvo-family duelling may have a main disconnect for
each unit.
Sec. 8-111. Conduit work.
(a) Electrical equipment in or upon buildings
within the city shall be of the class known as rigid
conduit, carposed of either intermediate metal, EMT
conduit, or nonmetallic conduit, except where
concealed in single-family structures and two-family
structures, including their garages. In those
applications, non-metallic sheathed cable may be
used.
(b) In basements of single-family and duplex
dwellings, or garages associated therewith,
non-metallic sheathed cable may be used exposed if
placed in framing members at least 1 1/2" back of
the face of such embers.
Sec. 8-112. Other wiring methods.
All electrical systems not allowed by this code
may be reviewed by the board for approval or
disapproval. Approval or disapproval may be based
on information presented to the board in the form of
plans and/or deronstrations and will be considered
on a case-by-case basis.
Secs. 8-1138-123. Reserved.
DIVISION 2. ANNISTRATION
AND ENFORLElW
Sec. 8-124. Penalty for violation of code.
Any person who installs, alters, repairs,
maintains, improves or uses any electrical equipment
or performs any electrical work in the city or
causes the sane to be done in violation of any of
the provisions of this code shall be guilty of a
Ordinance No. 87-3350
Page 5
misdareanor punishable by a fine not exceeding one
hundred dollars ($100.00) or imprisonment not
exceeding thirty (30) days.
Sec. 8-125. Pawers and duties of the electrical
inspector.
The electrical inspector shall have the richt to
suer upon any property during reasonable hours in
the discharge of his/her official duties and shall
have the authority to cause the disconnection of any
wiring or equipment Where such wiring or equipment
is dangerous to life or property or may interfere
with the work of the fire deparbrent.
The electrical inspector may inspect any and all
electrical installations within the city. He/she
may approve, condemn and order removed or rerodeled
and put in proper and safe condition for the preven-
tion of fire and the safety of life all electrical
heating and lighting apparatus, motors, machinery,
fixtures and connections, electrical equipment used
in the utilization of electrical current for light,
heat or power purposes and to control the disposi-
tion and arrangements of the same.
The electrical inspector shall not engage in the
business of the sale, installation or naintsrance of
electrical equipnsnt either directly or indirectly
and shall have no financial interest in any firm
engaged in such business in the City of Iowa City at
any time while holding office.
The electrical inspector shall be appointed by
the city manager or his/her designee and shall be
responsible to the building official for the
enforcerent of the electrical code and regulations
of the City.
Sec. 8-126. Electrical board; creation and
authority.
There is hereby created an electrical board,
referred to herein as 'the board," which shall:
(a) Periodically review the electrical code and
reke recommendations thereto to the City Council.
(b) Prepare and conduct written examinations and
examine the qualifications of applicants for the
licenses and certificates required by this code.
(c) Suspend or revoke any of the licenses or
certificates required by this code for due cause, as
provided herein.
o• (d) Act as a board of appeals to hear grievances
arising from decisions of the electrical inspector
and to provide for reasonable interpretations
consistent with the provisions of this code.
(e) Act as a board of appeals to approve or
disapprove wiring system not specifically addressed
in this code.
/7//
.1.
0
Ordinance No. 87-3350
Page 6
Sec. 8-127. Appeals.
AnY Person affected by any action, interpretation
or notice issued by the electrical inspector with
respect to this code may, in writing, appeal to the
board for consideration in accordance with the
Procedures set forth in the las City Administrative
Code• (Code of Ordinances, Chapter 2, Article IX)
S. 8-128-8-137. knerved.
DIVISION 3. LICFTLSES, CERTIFICATES,
PERITTS APO INSPECTIONS
Sec. 8-138. License applications.
AnY Person desiring to take examination for a
license required by this code shall neke application
to the electrical inspector at least fifteen (15)
days prior to the test date,
The examination shall be written and of such a
nature as to uniformly test the capability of the
applicants. The applicant shall demonstrate to the
board his/her qualifications for the particular
license and shoo satisfactory knowledge of the
rrethods and standards of the National Electrical
Code, as adopted by the city.
Sec. 8-139. License fees,
Fees for examinations,
hereby established. licenses, and permits are
The amounts of such fees shall
be set by the City Council by resolution after
review and recomiendation by the Electrical Board,
Sec. 8-140, License expiration and renewal.
All licenses shall expire on January 1 of each
year. My license that has expired Trey be rein-
stated within sixty (60) days after the expiration
date upon Payment of a reinstatement fee. After the
expiration of the aforementioned sixty-day period,
no license shall be renewed unless the applicant
takes and passes the exam.
Sec. 8-141. Required license with the city,
(a) No Person shall install, alter, maintain or
repair any electrical equipment unless such person
shall have first obtained a nester electrician's
license from the city,
(b) An applicant for an Iowa City nester
electrician's license nest demonstrate to the
board's reasonable satisfaction that he/she
Possesses one of the following qualifications:
(1) That he/she has been the holder of an
unexpired Ione City journeyrmen's license for one
year or more; or
(2) That he/she is the holder of an unexpired
journeyman's license from another jurisdiction,
which license was obtained more than one year prior
to the application date upon successful carpletion
of a written journeyman electrician's examination
ccnparable to that of IDsCity and which was
adninistered by such jurisdiction; or
.1.
0
Ordinance tb. 87-3350
Page 7
(3) That he/she is the holder of a valid master
electrician's license obtained upon successful
completion of a master electrician's license
examination camParable to that of fogs City and
which vas adninistered by another jurisdiction.
(c) Either a licensed master or journeyman
electrician shall be on the job at all times while
electrical work is in progress.
appy) The Provisions of this section shall not
(1) The personnel of the traffic engineering
division of the city or persons who work for a
public utility conpany, telephone or telegraph
company, nor to Persons performing electrical work
as an integral part of the plant used by such
canPany in rendering its duly authorized service to
the public.
(2) A regular employee of any railroad vho does
electrical work only as a part of that erployment.
(3) The service cr maintenance of vsrm air
heating equipment provided that such work or
maintenance shall only include electrical work on
electricalequipment that is part of such warm air
heating cquIpme t. Such work shall include the
connection of warm air heating equipment to an
existing individual branch circuit.
Sec. 8-142. Fdster electrician's license.
Whenever a rester electrician's license is
issued, it shall be in the nave of the individual
Who qualified for it. No license shall be issued in
the none of a firm or corporation. HOWEver, a
master electrician's license issued to at least one
responsible marber or officer of a firm, corporation
or other association shall authorize such firm,
corporation or other association to conduct an
electrical contracting business in the city (for the
period of time for which the license is grated),
Provided such licensee is a partner officer,
or manage of such firm, ccr oration, or
association actively supervising the day -today
operations of said firm
and cr corporation in the city,
further provided that such licensee shall
maintain liability insurance certificates with the
city, as provided in Section 8-143.
In the event all licensed electricians terminate
erPloYneht with a firm or corporation, the firm or
corporation shall not be permitted to do any further
electrical work, except that work under previously
issued Permits may, at the discretion of the
electrical inspector, be carpleted. A master
electrician Who terminates his/her employment with a
firm or corporation shall ratify the electrical
inspector immediately.
Ordinance 140. 87-3350
Page 8
Sec. 8-143. lister electrician's insurance.
Each master electrician or the firm or corpora-
tion employing a master electrician doing work ender
this article shall furnish the city electrical
inspector with a copy of a certificate of insurance
stating the liability amounts of no less than ane
hundred thousand dollars ($100,000.00) property
damage and three hundred thousand dollars
($300,000.00) bodily injury and a canpleted products
provision. The City of Iowa City shall be named as
an additional insured. The policy shall also
provide for at least thirty (30) days notice by the
Insurer to the City of termination of the policy by
the insured or insurer.
sec. 8-144. Jouneyman's license.
Before a person can apply for a journeyman's
license, he/she must have a minirtun of one year
experience as an apprentice.
Sec. 8-145. Pesmed.
Sec. 8-146. Maintenance electrician's certifi-
cate; when required.
A maintenance electrician's certificate shall be
j required of any person wbo is a regular employee of
f a manufacturing or industrial establ ishrent, vho
does electrical work for that establishnemt only,
and vho maintains and keeps in a state of repair the
existing electrical equipment within a building, or
grump of buildings. A maintenance electrician's
certificate shall be issued to any person who shall
satisfactorily pass the examination given by the
board. Any Person holding a maintenance electri-
cian's certificate issued by the city prior to
his/homer Of
ate wode ithouthall �takiergstthhee examiof
nation
hereinafter- provided.
The installation of any new or additional
electrical equiprent of any kind by the holder of a
maintenance electrician's certificate is hereby
prohibited.
Each maintenance electrician performing pork
under this section shall keep an accurate record for
the electrical inspector of all wrk performed in
each building and shall, before the fifteenth day of
January, April, July and October of each year, file
a statenemt with the electrical inspector of the
Work performed during the P-ecedirg three (3)
moths. such statement shall be made under oath.
Sec. 8-147. Restricted electrician's license.
A restricted electrician's license shall specify
the types of electrical Work vhich may be performed
by the l icensee. The l icensee may perform only the
type of Work specified on the license.
Ordinance No. 87-3350
Page 9
Sec. 8-148. Ftrmits required.
tb Person shall perform any electrical wor4
without first searing a permit therefor.
Sec. 8-149. Issuance of permit.
Permits shall be issued only in the name of the
person holding an active master electricians
license and the nare of the firm he/she represents.
lb applications for electrical permits shall be
accepted for filing if not signed by the licensed
master electrician or by the maintenance electrician
or restricted electrician kho will perform the work.
Sec. 8-150. FHmits nontransferable; exceptions.
Permits are not transferable. Electrical work
Mich requires a permit must be done by or under the
direct supervision of the licensee.
m In order to apply for an electrical permit, the
master electrician must have on file with the
electrical inspector a certificate of insurance
which indicates that the electrician, or his/her
firm, corporation, or erployer carries liability
insurance as provided in Section 8-143. The city or
electrical board shall verify that a master
electrician is enployed by a particular corporation
and that there is in effect liability insurance
which meets the city's requirements.
Sec. 8-151. Fkvocation of permit; eviration of
Permit; renewal flee.
Any permit required by the provisions of this
code nnay be revoked by the electrical inspector for
violation of any provision of this code.
Provisions of
codevshall ex�piresif the worundertk authorized by sucih
permit is not commenced within ane hundred eighty
(180) days from the date of issuance of such permit
I if the work authorized by such Permit is
suspended or abandoned for a period of one hundred
eighty (180) days or more,
Sec, 8-152. Double fee for failure to obtain
Permit before starting work.
as
the electrical in reinnsppeectort vhennwork is started y
anY Person prior to obtaining a permit, the fees for
such pork shall be doubled, The pay+nert of such
doubled fee shall not relieve any persons fron fully
complying with the requirenents of this code in the
.o execution of the work nor from any other penalties
Prescribed herein,
Prior the
issuance of an appropriate of the double fee and
other permit for the work, no
corporationitwhich lisbiniviomlation of this section,
1.
O
Ordinance No. 87-3350
Page 10
Sec. 8-153. Hums exempt from license
requirements.
In cases in Which an omer-occupant of a
single-fanily dwelling desires to install electrical
equipment or perform any electrical Work in such
single-fanily structure, he/she may appear before
the electrical inspector and show that he/she is
conpetent to do the specific Nark. After such
showing, he/she may obtain an electrical permit by
Paying the proper fee.
Sec. 8-154. Inspections.
It shall be the duty of the person doing
electrical work to notify the electrical inspector
that said work is ready for inspection. The
electrical inspector shall, without undue delay,
perform the required inspection and, if the work
canplies with the provisions of this code, post an
inspection notice on or near the work approved.
Work that has no notice attached shall be considered
unapproved. A reinspection fee may be assessed for
each inspection or reinspection When such portion of
work fon which inspection is called is not coplete
or vhen corrections called for are not node.
No electrical work shall be concealed in any
manner from access or sight until such work has been
inspected and approved by the electrical inspector.
The electrical inspector shall, at the
pennittee's expense, have the authority to remove or
cause the renwal of lath, plaster, boarding or any
other obstruction which may prevent the proper
inspection of wires or electrical equipment.
When a person is notified that defects exist
he/she shall make corrections within thirty (30;
days after notification. If the corrections are not
made, the permittee shall not be issued any other
permits until said defects are corrected and
approval given by the electrical inspector.
SECTION V. REPEALER: All ordinances ad parts of
o inaroes n conct with the provision of this
ordinance are hereby repealed. These are: Ord. Na.
85-3229, 93, 3/12/85.
SECTION VI. SEVERABILITY: If any section,
provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
vhole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE: This Ordinance shall
NT"blan eM e nna passage, approval and
W asrequired by law.
N
Ordinance tb. 87-3350
Page 11
Passed and approved this 1st day of
December, 1987.
VATUR Pro'�fem
ATTEST: A �
.1.
e Ived � App rot..;
?� Vf�Btlntdll�i�/�
It was moved by McDonald and seconded by Zuber
that the Ord inanc-e-a—s-r—ea-r6e adopted and upon roll ce ere were:
AYES: NAYS: ABSENT:
-- X AMBRISCO
y BAKER
x_ COURTNEY
X DICKSON
X MCDONALO
X STRAIT
X ZUBER
First consideration 11/10/87
Vote for passage: Ayes: Ambrisco, Baker, Courtney,
Dickson, McDonald, Zuber. 'Jays: None. Absent: Strait.
Second consideration 11/17/87
Vote for passage : Ayes: Zuber, Ambrisco, Baker, Courtney,
McDonald, Strait. Nays: None. Absent: Dickson.
Date published 12/9/87
i
r
ORDINANCE NO. 87-3351
AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF
ORDINANCES OF TIE CITY OF IOWA CITY, IOWA, BY
REPEALING SECTION 7-36 OF THEREOF AND ENACTING IN
LIEU THEREOF A NEW SECTION 7-25, AND BY REPEALING
SECTION 7-57 THEREOF AND ENACTING IN LIEU THEREOF A
NEW SECTION 7-57, PROVIDING FOR THE ESTABLISHMENT OF
FEES FOR BOARDING, RECLAIMING AND ADOPTION OF
IM OLNDED ANIMALS, AND FOR ACCEPTANCE IF ANIMALS
SURRENDERED FOR ADOPTION OR DISPOSAL, AND PROVIDING
FOR THE SETTING OF THE AMOUNTS OF SUCH FEES AND FOR
THE ADOPTION OF REGULATIONS AND GUIDELINES FOR THE
COLLECTION OF SUCH FEES BY RESOLUTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I: That Chapter 7 of the Cade of Ordi-
nances o City of Iaa City, Ioxa, be, and the
same is hereby amended by adding a new section
thereto to be codified as Section 7-25, to read as
follows:
Fees for the licensing of animals, for the
boarding of impounded animals, for owner- reclaim of
irVudei animals, for adoption of imouded ani-
mals, and for acceptance of animals voluntarily
surrendered for adoption or disposal shall be set by
the City Council by resolution. In setting the
amounts of such fees by resolution, the Council prey
provide different fees for different types of ani-
mals, may reduce or veive fees as such to categories
of persons as the Council shall deer advisable, and
may adopt such regulations or guidelines as are
necessary for administering the collection of fees.
The fees established by this section shall be in
addition to any fire or penalty that may be Enforced
against the Ener of an animal, or any other person,
for violating the provisions of this chapter.
SECTION II: That Chapter 7 of the Code of
Ordinances o'-fhe City of lova City, lea, be, and
the same is hereby amended by repealing Section 7-36
thereof.
SECTION III: That Chapter 7 of the Code of
Ordinances of the City of Iae City, Iowa, be, and
the same is hereby amended by repealing Section 7-57
thereof, and enacting in lieu thereof a new section
to be codified the sae to read as follows:
Section 7-57, Licenses required.
(a) Which animals require license. Every owner
of a dog or cat over the age of six (6)
months of age, or a dog or cat oder six
(6) ninths that is no longer with its dam,
/7/e?w
Ordinance No. 87-3351
Page 2 —
shall procure a city dog or cat license for
each calendar year fran the city before the
first day of htrch of the calendar year for
vhich the license is in effect, or within
thirtY (30) days after such dog or cat
reaches the age of six (6) months, or if
under six (6) months of age and is no
longer with its dam, or if brought into the
city.
(b) Delinquent fees. After March 1 of each
license year, delinquent license fees as
determined by the city council shall be
assessed in addition to the annual license
fee except in those cases Mere by reason
of residence outside the corporate limits,
age or anership, the dog or cat vas not
subject to licensing during the period fran
January 1 to the date of application for a
license. In those cases in which a dog or a
cat becomes subject to the terns of this
section after February 1 of any license
Year, the license fee shall become due and
payable within thirty (30) days after the
date that such dog or cat beca es subject
to the tens of this chapter. After thirty
(30) days, the over shall pay the delin-
quent license fee provided by council
resolution, in addition to the annual
license fee.
F (c) Expiration date, All licenses, regardless
of date of issue, expire on Decerber 31 of
the year the license vas in effect.
(d) Issuance of license; layer rates for neu-
tered animals. At the time of reeking
application for a city license, the Drier
shall furnish to the city a veterinarian's
certificate showing that the dog or cat for
vhich the license is sought has been vac-
cinated and that such vaccination has not
epired. In oder to take advantage of the
layer rate for neutered animals, the arner
shall, at the time application is made for
i a dog or cat license, present a certificate
of neutering signed by a veterinarian
containing a description of the animal, its
call name, and date of neutering if knovn.
Such certificate may be used in subsequent
annual license applications. tom payment
of the license fee established pursuant to
this division, the city shall issue to the
tuner a license which shall contain the
nave of the caner, his place of residence,
and a description of the dog or cat. The
city shall keep a duplicate of each license
?/L
Ordinance No. 87-3351
Page 3
is issued as a public record. If the
animal to be licensed is a guard/attack
dog, as defined in this chapter, the aver
shall include such fact on the license
application.
(e) Animals too Young for inunization. the
amer of a dog or cat less than six (6)
months of age which is no longer with its
dam, but which is too young to be immu-
nized, shall be issued a temporary city
license upon application to the city and
Payment of the regular fee. Such temporary
license shall automatically expire seven
(7) months ftcm the of the
dog �
or cat unless the owner shate of ll furnish
to the city a veterinarian's certificate
Showing that the dog or cat has been imnu-
nized. If such certificate is furnished
prior to the time such dog or cat reaches
seven (7) months of age, the tanlorary
license shall automatically became. a regu-
lar annual license.
(g) License tag, Upon issuance of the license,
the city shall deliver or mail to the owner
a metal tag stamped with the number of the
license and the year for which it is is-
sued.
SECTIONIV. SEIMMILITY: If any of the provi-
sions Of is 0 finance are for any reason declared
illegal or void, then the lawful provisions of this
Ordinance, which'are severable fran said unlawful
Provisions, shall be and remain in full force and
effect, the sane as if the Ordinance contained no
illegal or void provisions.
SECTand parts
of o ne�
nces incm�A
ll ict with ttheonp�isionss of
this ordinance are hereby repealed. These are: Ord.
No. 80-3013, 52 (part), 12/2/80
SECTION V1. EFFECTIVE DATE: This Ordinance
sha
M m Full TOrOe and effect—from and after its
final passage and publication as by law provided.
Passed and approved this 1st day of
December, 1987.
M4YOR Pro tam
o ATTEST:
'— CITY C C ved pproved
/ 7/z
.o•
It was moved by Zuber and seconded b
that the Ordinance as rea Y McDonald
e a op ed and upon roll ca ere were:
AYES: NAYS: ABSENT:
% AMBRISCO
BAKER
�— X COURTNEY
X DICKSON
X -- MCDONALD
X STRAIT
ZUBER
First consideration 11/10/87
Vote for passage: gye�r brisco, Baker, Courtney,
Dickson, DlcOonald. Nays: None. Absent: Strait.
Second consideration 417/87
Vote for passage: Ayes: Ambrisco, Baker, Courtney,
McDonald, Strait, Zuber. Nays: None. Absent: Dickson.
i
Date published
s.
e
4
/ I'4
ORDINANCE W. 87-3352
AN ORDIW&a ffMING CHAPTER 1 ENTITLED "GENERAL
PROVISIONS" OF THE CODE OF ORDINANCES OF TIE CITY OF
IOWA CITY, IOWA, BY MENDING SECTIONS 1-21 Am 1-22
THEREIN TO IMPLEMENT THE MMfNTS N1010RIZED BYW
318 OF THE 72ND GENERAL ASSEM y OF TIE STATE OF
IOWA RELATING TO M.NICIPAL INFRACTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. That Chapter 1 of the Cade of Ordinances
OFUT ity of Iowa City, Iowa, be, and the sane is
hereby mended by repealing Section 1-21 thereof,
and enacting in lieu thereof a new section to be
codified the same to red as follows:
Sec. 1-21. Violations, penalties, and alterna-
tive relief.
(a) Any violation of the Code of Ordinances of lova
City, Iowa, is a municipal infraction, with the
exception of any violation which is a r felony, an aggravated misdemeanor, or a serious misde-
meanor under state law, or any violation which
is a simple misdemeanor under chapters 687
through 747 of the Cade of Iowa.
(b) Unless another civil penalty is provided else-
where in this Cede for a specific violation, a
municipal infraction is a civil offense punish-
able as provided in the following schedule of
civil penalties:
Schedule of Civil Penalties:
First offense - Thirty dollars (§30.00);
Second offense - One hundred dollars
$100.00);
Third and subsequent offenses) - Tw,o hun-
dred dollars ($200.00).
(c) Each day that a municipal infraction occurs
and/or is permitted to exist constitutes a
separate offense.
(d) Seeking a civil penalty as authorized in this
article does not preclude the city fron seeking
alternative relief from the court in the same
action. Such alternative relief may include,
but is not limited to, an order for abatement
or injunctive relief.
SECTION II. That Chapter I of the Cale of Ordi-
nances of the City of Iowa City, Iowa, be, and the
same is thereof, and enacting ethereof anended liu ttha newepealing Section
section
to be codified the sane to rend as follows:
P
p/40
ry
Y
ordinance No. 87-3352
Page 2
Sec. 1-22. civil citations.
(a) Any employee or other official authorized by
the city to enforce the Code may issue a civil
citation to a person who is alleged to have
connitted a municipal infraction.
(b) orby
citation serve by return service
receipt
requested.
(c) Two (2) copies of the citation shall be filed
with the clerk of the district court and one
copy shall be delivered to the defendant.
(d) The citation shall serve as ratification of hasen
allegation
rmnitted and shall conitainfractitheco
cfollowing
information:
(1) The name and address of the defendant.
(2) The rare or description of the alleged
infraction, attested to by the officer
issuing the citation.
(3) The location and time of the alleged
infraction.
(q) The arnont of civil penalty for the viola-
tion charged and the court cots, er the
alternative relief sought, or both.
(5) The manner, location, and time in which
the penalty may be paid.
(5) The tyre and place of court appearance.
(7) A statement of the penalty for failure to
appear in court.
SECTION III. SEVERABILITY: If any of the provi-
sions of this Ordinance are for any reason declared
illegal or void, then the lawful provisions of this
ordinance, which are severable iron said unlawful
provisions, shall be and remain in full force and
effect, the sem as if the Ordinance contained no
illegal or void provisions. SECTION IV. REPEATER:
All ordinances or parts of o finances incon
repealed. witjj the These are: ons of Ord. No. 883229, nce Sl (part),
10/7/86.
SECTION V. e co EFFECTIVE DATE: This Ordinance shall be
in once a fron and after its final
passage and publication as by law provided.
Passed and approved this 1st day of
Dcccmber, 1987.
F41YOR�Pro )fam
ATTEST: Aa"' teN ltPPraved
ei pcpartment
171V
It was moved by Zuber and seconded by McDonald
that the Ordinance as rea e a op ed and upon roll ca ere were:
AYES: NAYS: ABSENT:
— X AMBRISCO
X BAKER
X X COURTNEY
_DICKSON
X MCDONALD
X -- STRAIT
R ZUBER
First consideration 11/10/87
i Vote for passage: Ayes; Baker, Courtney, Dickson,
McDonald, Zuber, Ambrisco. Nays: None. Absent: Strait.
I
t
II Second consideration 11/17/87
Vote for passage:
Zuber, Ayes: Courtney, McDonald, Strai
Baker. Nays: None. Absent: Dickt,
risco, son.
Date published 12/D/87
.V'
.9'
a
OImINANE NO. 87-3353
AN OROINMICE AWAING CHAPTER 9.1 OF TIE CODE OF
ORDINMCES OF THE CITY OF IDA CITY, ENTITLED "CITY
PLAZA," BY MEWING SECTION 9.1-7 RFJ.ATING TO LIA-
BILITY IPbI1RANCE AND INEMNIIY AGREMIT FOR PLAZA
USE PERIM.
BE IT WIPED BY TIE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. That Chapter 9.1, "City Plaza," of the
Cod�Ordinances of the City of Iae City, Iowa,
be, and the same is hereby amended by repealing
Section 9.1-7, and enacting a new section in lieu
thereof to be codified the sane to read as follows:
Set. 9.17. 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 sidewalk cafe.
(1) Arbulatory vendors, e.g. balloons or
portraits (Zone 1, 2, 3).
(2) Mobile vending carts for food, 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 Ione,
stairways shall only be permitted when
the business of the basement level has
an alternate entrance which rakes 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 saw as the store activity (Zane
1).
(7) Municipally aped kiosks.
(8) Landscaping (Zane 1, 2).
9) Arts and crafts sales of handmade
articles by an organized guild, asso-
ciation or club on an occasional basis
(Zone 1, 2).
/7/r
.1.
Ordinance No. 87.3353
Page 2 ---
(10) Sales or exhibits by individual
or artisans and foodvendiartists ang artiti
temporarY basis for special
(Zone 1, 2, 3). Zone 3 userevents
s
Y ambulatorymust be
,
m
(11) Events of an educational on entertain-
ment nature (Zone 1 2
Entertain-
,users
mut be totally ambulatory Zone 3
(12) Plmcortnercial speech activitiesi
Chiding but not limited , n_
to political,
religious and other noncommercial
3e users mu and
(Zone 1, 21 3). Zone
must be totally ambulatory,
(13) commercial speech activities, including
but not limited to the dissemination of
infometion about commercial products
oan"or dices ad/or the canvassing
opinion and attitudes regard_
Ing cc=Lrcial products and/or services
Zone 2)
(b) Usable area.
(1)part of 1:Zane its be issued for any
shall onl Building extensions
sole judgment ofala mJ ere, in the
extensions enhance } y council, such
Plaza. quality of City
(2) Zone 2: The usable areas are as shorn
on the Plaza diagrams on file in the
Office of the city clerk
(3) Plaza landscaping may be modified or
renoved to a limited extent, if th
next effect enhances the arbie
the City plaza ence of if approved as paOf rt
canthin�such a caaspeScemt�ii' the appli-
store the plaza lardsc agree to re -
original condition eto
its
i
the permit and Won termnation of
account in anProvide a bad or escrow
city. arouant determined by the
(4)ZOM 3' The area is to be used only
for
ambulatory vendors with its prima
Purpose to be maintained as an emerry
y
(c) Da gency/service lane.
Ys and hours of operation: Wilding
extended onto the City Plaza are to be open
at least during normal retail business
hhe ours, Mon* through Saturday, throughout
Year. Sidegelk cafes and mobile carts
may operate seasonally but must be at least
in operation substantially through normal
retail business hours, Monday th
gay, May 1 to October 1. Other mesh that r_
of
/7/r /r
■
.o.
Ordinance No. 87-3353
Page 3
Operation may be granted by permit for
ambulatory vendors and mobile carts when the
product is related to another season. The
time of operation for plaza cafes is pro-
vided in section 9.1-8(c).
(d) Noise control: Pry request for the use of
sound must be specifically approved and may
be permitted only if it will encourage an
audio anbience within the City Plaza, vhile
at the same time protecting the genual
public from an overload, volure or type of
sound that is disturbing or inappropriate
for a pedestrian area.
(e) The application shall include an agreenent
pursuant to vhich the applicant shall agree
to inrdemify, defend, and save harmless the
City of Iowa City, its agents, officers and
employees, from and against all claims,
lawsuits, damages, losses and ecpenses in
any manna- 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 areunt of three hundred thousand
dollars (;300,000.00) for bodily injuries
and fifty thousand dollars ($50,000.00) for
property damage arising 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 policy shall, at the City's
option, either name the city as an addi-
tional insured, or shall provide coverage
for the contractual indemnity provision
contained in the application.
The city manage may:
(1) Pequire insurance coverage amounts in
exess of those stated above vhen the
activity or event being sponsored on
city property creates a higher than
usual risk of liability exposure due to
the nature of the activity or event, or
due to the ecpected nurber of partici-
pants or spectators;
(2) Waive the insurance requirements for an
activity or event sponsored by a pri-
vate party or organization if the
activity or event presents little or no
risk of liability; or
(3) Waive the insurance requirements for
everts or activities sponsored by
agencies of the State of love, the
thiversity of Iowa, or other goverrmen-
/?/Wr
Ordinance No. 87-3353
Page 4
tal subdivisions, Provided such enti-
ties enter into an agreenent
satisfactory to the city attorney to
its officers 'iy and hold harmless the city,
, agents and
and against all clatrsrplo�s from
d�Jes, losses and expenses lawsuits,
penes in
�actre;ty or from or arising out of
permit or Y or event covered by the
it for to accept full responsibil-
Y said activity or event, and to
defend the city, its officers, agents
(f) Perfoand rnencepltiym lith'egard thereto.
s.
carts gust be in (tile vending
days of the start operation within sixty (60)
Permit'
or date provided for in the
«atically expire�nnit approval shall auto -
(g) or maintaini The applicant is responsible
Proximity to his/her arm within and in
-free condition, including
in a clean and
mesal for a distance
including sricw re
any structure farce of ten (10) feet from
occupied by the applicant.
Su structure trash containers must be
frov'ded if considered necessary and speci-
of all led In lease or permit. The exterior
tainei in
ts and cants oust be main -
(h) Illuninatim: od coition by the applicant.
Nighttime interior illunina-
tion of all building fronts and basenent
bsenent stair extensions, display window extensions and
I hours of operatiori*lls is requires during
i (1) % spaper-vending machines: The city will
�kthevcitable at a reasonable cost, s pace
in
y-� news
on City Plaza. In Paper dispenser wits
I tions the case of mareapplica-
Pro<�u at available
dle �Ce' a selection
and aPProR fate b � fair, reasonable
listed. Y the city shall be estab-
(f) construction costs: All costs of construc-
tion are to be
cludi Paid by the applicant, in -
City Plaza caused byof �theeconstror uction ir to the
5EC7ION II. SEVElL1BILIlY
i PrOVISlpls o s e are If any of the
o declared illegal or void then
are, for any reason,
of this ordinance, which tarn severable Provisions
aonss
unlawful provisions, shall be and remin in full
force and effect, the sane as if the ordinance
container no illegal or void provisions.
P
1971s
Ordinance No, 37-3353
Page 5
SECTION III, WEN.ER: All ordinances or
Ri`nances m cant ct with the Parts of
Ordinance are hereby repealed. These pare- of this
Ordinance No. 86-3288, Section 11 paragraph 3
(June, l9q.
SECTION III. EFFECTIVE DATE: This ordinance shall
in u1 1 'orce arc a ec an and after its final
Passage and publication az by law provided.
Passed and approved this 1st day of
December, 1987.
.o•
Iv Appravtt
ei Uapar7mant
/7/9
It was moved by McDonald and seconded by Zuber
that the Ordinance as re98 be a op ed and upon roll call ere were:
AYES: NAYS. ABSENT:
X AMBRISCO
X BAKER
X COURTNEY
x DICKSON
-r' MCDONALD
—�— STRAIT
ZUBER
First consideration 11/10/87
Vote for passage: yes: ourtney, Dickson, McDonald,
Zuber, Ambrisco, Baker. Nays: None. Absent: Strait.
Second consideration 11/17/87
Vote for passage: Ayes: McDonald, Strait, Zuber, Ambrisco,
Baker, Courtney. Nays: None. Absent: Dickson.
Date published 12/9/87
o•
i
.o•
ORDINANCE NO. 87-3354
AN ORDIN dCE *ENDING DWPTER 25 OF TIE CODE OF
ORDINANCES OF TIE CITY OF IOAA CITY, IOWA, ENTITLED
PAM AND RECREATION," ARTICLES 1 AND IV TFEFEOF BY
(1) FEpEALING SECTIONS 25-3 AND 25-4 THEREOF AND (2)
By FEpEALING SECTION 25-50 TIEMOF AND ENACTINEi IN
LIEU THEREOF A Wd SECTION TO BE CODIFIED THE SASE,
To DELETE CERTAIN PROVISIONS RELATING TO BOAT W-
AIS AND FACILITY RESERVATIONS 6NICN AFE NDW OBSO-
AND
INSURPNCE VISE FEQUI AND TORERQUM RELATING TO THE RESERTIE CITY'SI TY VATION
OF PAR( FACILITIES.
SECTION I. That Chapter 25 of the Cade of Ordi-
nances City of Ias City, Ioe. be, and the
same is hereby wended by repealing Section 25-3
thereof.
SECTION II. That Chapter of the Code of Ordinances
o e i y of Iowa City, Ina, be, and the sane is
hereby anaded by repealing Section 25-4 thereof.
SECTION III. That Chapter 25 of the Code of Ordi-
nances of the City of Ion City, IDA, be, and the
sane is hereby amended by repealing Section 25-50
thereof, and enacting in lieu thereof a new section
to be codified the same to read as foll(ms:
Sec. 75-50. Sae — Application garaally; con -
tarts; acompany dmmmh.
(a) An application for a permit required under
this article, containing the information required
herein, shall be filed with the superintendent of
recreation by any group desiring to use the facili-
ties of any park.
(b) All applications shall be filed at least
thirty (30) days in advance of the date of the
requested use, unless the superintendent in his/her
discretion, shall naive this time requirenent. Such
discretion shall be based upon the type of use for
vhich the facilities are requested, estirated nurber
of people to attend, publicity of the evert, and the
nature of the event. Application shall be made on
forms prepared by the superintendent and shall
contain information required by paragraph (b) of
this section.
(c) The application form for any use of a park
shall contain, in addition to any other information
the superintendent shall deem necessary, the follaw-
ing infonnation:
(1) Nwe and address of the applicant and the
sponsoring organization, if any; and the nare and
addresses of the officers and erployees of the
sponsoring organization.
(2) The type of use to be requested, vhether
it is to be a public entertainnent, rally, demon-
stration, parade, or any corbination thereof.
i C
.n•
(3) The location in the park proposed to be
used, unless the site is to be selected by the
superintendent.
(4) The expected size of the using group. Such
estimated size shall not be held to be conclusive 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 names and addresses of the persons to
be in charge of such use at the park site.
(7) If a public entertainment, parade, rally,
demonstration, or any cnrbination thereof, the nares
and addresses of any persons to be featured as
entertainers or speakers, a list of mechanical
equipment to be used, any motor vehicles to be used,
any animals to be used, and a description of any
soul amplification to be used.
(8) Proposed policing of the grail which shall
include the mrnber of people to direct traffic, set
up and clean up the grounds, and to maintain order
if necessary during the event or use if such polic-
ing is necessary. If the superintendent deers it
reasonable to require special duty police, such
application shall set forth the num to be Em-
ployed,
o-ployed, which employ+rent shall be the responsibility
of the applicant.
(d) The application shall include an agreement
pursuant to which the applicant shall agree to
indemnify, defend, and save harmless the City of
Ioa City, its agents, officers and employees, fron
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 tires maintain a policy
i of liability insurance in effect in the minimum
amount of three hundred thousand dollars
($300,000.00) for bodily injuries and fifty thousand
dollars ($50,000.00) for property damage arising 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 policy shall provide coverage for the
contractual indemnity provision contained in the
application.
(e) The director may;
(1) require insurance coverage amounts in
excess of those stated above when the activity or
event being sponsored on City property creates a
higher than usual risk of liability exposure due to
the nature of the activity or event, or due to the
expected nurber of participants on spectates;
(2) waive the insurance requirements for an
activity or event sponsored by a private party or
organization if the activity or event presents
little or no risk of liability exposure, or
1714
1.
a
(3) waive the insurance requirenents for ac-
tivities or events sponsored by agencies of the
State of Iowa, the University of Iowa, or other
governmental subdivisions, provided such entities
enter into an agreenent satisfactory to the City
Attorney to indemify and hold harmless the City,
its officers, agents and erployees fren 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 V.with regard
SECTION IV. SEVERABILITY CLAUSE. If any of the
Provisions o s finance are for any reason
declared illegal or void, then the lawful provisions
of this Ordinance, which are severable fron said
unlawful provisions, all be and retain in full
force and effect the sane as if the Ordinance con-
tained no illegal or void provisions.
SECTION V. 11PEALER. All ordinances or parts of
vwrces in con withthe provisions of this
Ordinance are heresy repealed. These are:
Ordinance No.2383, Section 5.18.1; Ordinance
NO. 72-2612, Sections IV and V; Ordinance No.
76-2820, Section 3.34,6; Ordinance No. 78-2918,
Sections 25-3, 25-4, and 25-50.
SECTION VI. EFFECTIVE PATE, This Ordinance shall
to 1 u 11 force and effect from and after its final
passage and Publication as required by law.
Decemb
Pas eed a d proved this 1st day of
Pio fent
ATTEST: A,,'� i 9N '6.0
CITY LUM
Ahml Apprcv�
1 Doeartmont
4�le
.0-
0
It was moved by Zuber and seconded by Strait
that the Ordinance as rea e a op ed and upon roll ca ere were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration _ 11/10/87
Vote for passage: Ayes: Courtney, Dickson, McDonald,
Zuber, Ambrisco, Baker. Nays: None. Absent: Strait.
i
Second consideration 11/17/87
Vote for passage : Ayes: Strait, Zuber,
Am
Courtney, McDonald. Nays: None. Absent:Dickson,Baker,
Date published 12/9/B7
Vee
ORDINANCE NO. 87-3355
AN ORDINANCE AMENDING CHAPTER 31, "STREETS
W, SIDE -
W. AND PUBLIC RACES," OF HCODE OF ORDINANCES
OF H CITY OF IDdA CITY, IDA, ARTICLE VI THEREOF,
USE PERMITS, BY AMENDING SECTION 31-137 THEREIN TO
PROVIDE GREATER FLEXIBILITY IN MEETING IN6URANCE AND
FOLD FNMESS REQUIREMENTS FOR 115E PERMITS.
BE IT ORDAINED BY TIE CITY COKIL OF TIE CITY OF
IOWA CITY, IOWA:
SECTION I. That Chapter 31, "Streets, Sidewalks
�Rublic Places," of the Cade of Ordinances of the
City of Iona City, Iowa, Article VI thereof "Use
Permits," be, and the sane is hereby amended by
repealing Section 31-137 thereof, and to enact in
lieu thereof a new section to be and
the sere
to read as follows:
Section 31 -LV. Sae - Contents; dying
( donemfs.
The
lication
use of any ssreet, sidewalk, for or roadway shalrmit lr the
con-
tain, in addition to any other information the city
( manager shall dean necess
tion: arY, the following informa-
(1) Nene and address of the applicant and the
Sponsoring organization, if any, and the
nares and addresses of the officers and
(z1 �lt ees of the sponsoring organization.
ype of use to be requested, vhether it
is to be a parade, public entertainment,
rally, demonstration, or any carbination
thereof.
(3) The location proposed to be used, unless the
site is to be selected by the city manager.
(4) The expected size of the using group. Such
estimated size shall not be held to be con-
clusive of the size of any group.
(5) The date and time of such use and the method
j of advertising it, if any, in detail.
(6) The names and addresses of the persons to be
in charge of such use at the park site.
(1) If a parade, public entertainment, rally,
demonstration, or any catination thereof,
the nares and addresses of any persons to be
featured as entertainers or speakers, a list
of mechanical equipnent to be used, any motor
o vehicles to be used, any animals to be used,
and a description of any sound amplification
� to be used.
(8) Proposed policing of the gray which shall
include tFe number of people to direct traf-
fic, set up and clean W and to maintain
order if necessary during the event or use if
such policing is necessary. if the city
/7/7
sy
manage deans it ncressary to r�uire
I, uch application shall sett pec-th
shall be the 10 ohich erPloynent
cant. responsibility of the appli-
(b) The application shall include an agreonett
idemaifA'ch The applicant shall agree to
Io„e City, its and save harmless the City of
and against all gcmla,rs�f laysuitficers s� lA�q'y1�_jl_Jofyees, from
and expenses in my n ns, results, a es' losses
out of the activity or event covered bone arising
The aPPlicant shall at all times t the permit.
Of liability insurance in effect �in�theamiinnimm
'It of three hundred thousand dollars
(s3oo,o00.00) for bodily injuries and fifty thousand
dollarsPermitted(E5o,�.00) for Property damage arising out
of the with calcttiivityerk . The applicant shall file
either in the form of idence of such insurance
insurance on a fore approved Policy or a certificate of
insurance Policy shall, the City'sOp city. Such
name the city as an additional insured ion either
shall
provide coverage for the contractual ' indemnity,
Provision contained in the application.
The city manager may.
(1) Require insurance w"ge anoints in exess of
those stated above whenbeithe activity or event
hi hnge sponsored on city Property creates a
9 usual risk of liability exposure due
to the nature of the activity or event, or due
to th emoted nurbe• of Participants or spec -
(2) �ivve theinsurancer drenents for an activity
zation if thehesactivity Prreventte ��y or olittle
or M risk of liability, or Presents little
(3) %ive the insurance requirements for activ
m ities
events sponsored by agencies of the State
Iowa, the University of Iona, or other ga,ern-
of
mental subdivisions, Provided such entities
enter Into an agreertnt satisfactory to the cit
attorney to iy
rdemify and hold harmless
city, its officers, agentse
and employees th
from
and against all claims, lawsuits, damages,
losses and expenses in any manner resulting A;;
Or arising out of the activity or event covered
for said
by the Permit, or to accept full responsibility
activity or event, and to defend the
city, its officers, agents and employees with
regard thereto.
(c) The application shall be accompanied by a
byl tse bytthe applicant in an amunt deter-
minedY manage', to be a reasonable
/7/7
amount, based upon the use and the expected size of
the group, to insure against damage or the applicant
shall set out the band Proposed,
(d) The city manager may heive any of the above
requirements vherr not applicable to the proposed use
or event and may Prescribe different forms for the
applications for different events, as lag as they
are generally in conformity with this section.
(Code 1%6, S 718.6; Ord. No, 2618, 9 VII)
SECTION II. SEVERABILITY. If any of the provisions
V1 as Oru7nance areor any reason declared ille-
gal or void, then the lawful provisions of this
ordinance, which are severable from said unlawful
Provisions, shall be and remain in full force and
effect, the sane as i
illegal or void provisf the ordinance contained no
ions.
SECTION III. REPEALER, All ordinances or parts of
o mane's m con act with the Provisions of this
ordinance are hereby repealedThese are -
Ordinance No. 2618, Section VII, paragraph I
(larch 1972).
SECTION IV. EFFECTIVE DATE. This ordinance shall
W
a once an a ect from and after its final
Passage and publication as by law Provided.
I) Passedand er,taped this 1st day of
MILIK
th'o tem
ATTEST:loa c �/ ",
CITY CLEPoC
� FPrnn.,y
A�Parlo.GnI
6717
.o•
r
It was moved by _McDonald and seconded by Zuber ,
that the Ordinance as re e a op ed and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
_ x BAKER
COURTNEY
X DICKSON
x MCDONALD
x STRAIT
ZUBER
First consideration 11/10/87
Vote for passage: Ayes: Dickson, McDonald, Zuber,
Ambrisco, Baker, Courtney. Nays: None. Absent: Strait.
Second consideration 11/17/87
Vote for passage: Ayes: Zuber, Ambrisco, Baker, Courtney,
McDonald, Strait. Nays: None. Absent: Dickson.
Date published 12/9/87
1717