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HomeMy WebLinkAbout2008-07-03 Ordinance7-03-08 3 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 4, ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS" TO INCREASE THE DURATION OF THE TEMPORARY SIDEWALK PERMITS ON FRIDAYS IN THE SUMMER. WHEREAS, regulating the public right-of-way ensures the safe movement of pedestrians; WHEREAS, section 10-3-4 provides that the City may issue a permit each year to businesses for the commercial use of City sidewalks on Fridays during the summer Friday Night Concert Series from 5:00 P.M. to 9:00 P.M; WHEREAS, the Downtown Association of Iowa City has requested that the City Code be amended to increase the duration of the temporary use of sidewalk permit on Fridays in the summer to 9:00 A.M. to 9:00 P.M.; and WHEREAS, it is in the City's interest to permit businesses to use the City's sidewalks for additional hours on Fridays in the summer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby amended by deleting the last sentence of the first unnumbered paragraph of Section 4 in its entirety and by substituting in its place the following new sentence: One (1) Temporary Use of Sidewalk Permit shall be limited to the temporary use of sidewalks and public right of way abutting said businesses and shall be limited to Fridays between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. for the period beginning the second Friday of May and ending on the third Friday of September of each year. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. 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 whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK Approved by ~-~_~~ City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 7 / 3 / 2008 Vote forpaSSage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published