HomeMy WebLinkAbout2008-07-10 Ordinance
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 08-4309
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Ordinance are hereby repealed.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.
Pas and apRrov d thi Ot day of July , 2008.
MAY
ATTEST: ~~~~ ~( ~ i~~~~!/
CITY ERK
Approved by
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City Attorney's Office
Ordinance No. 08-4309
Page 2
It was moved by Champion and seconded by O'Donnell that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Correia
x Hayek
x O'Donnell
g Wilburn
x Wright
First Consideration 7 /3 / 2008
Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn.
NAYS: None. ABSENT: None.
Second Consideration ------------------
Vote for passage:
Date published July 18 , 2008
Moved by Wright, seconded by Correia, that the rule requiring ordinances tobconsidered 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 ordiinance
be voted upon for final passage at this time.
AYES: Champion, Correia, Hayek, O'Donnell, Wright, Bailey. NAYS: None. ABSENT: Wilburn.