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HomeMy WebLinkAbout1979-01-30 Ordinance)J,A).'9 ORDINANCE NO, 79-2939 AN ORDINANCE OF THE CITY OF IOWA CITY PROVIDING THAT THE CODE OF ORDINANCES, CITY OF IOWA CITY, BE AMENDED BY REVISING SECTION 8.10.3.A AND SECTION 8.10.27 OF SAID CODE: PROVIDING MORE COMPREHENSIVE REGULATIONS OF FENCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Section 8.10.3.A of the Code of Ordinances of the City of Iowa City, Iowa be amended by adding the following sections: Section 29a. FENCE. A barrier formed of posts, lumber, wire or similar materials used as a boundary or means of confinement. Section 39a. HEDGE. A boundary or barrier formed of a row of closely planted shrubs or bushes. SECTION 2. That Section 8.10.3.A of the Code of Ordinances of the City of Iowa City, Iowa be amended so that the following definitions shall read as follows: 77. YARD, FRONT. A yard extending across the full width of the lot between the front lot line and the front yard line. 81. YARD, REAR. A yard extending across the full width of the lot between the rear lot line and the rear yard line. 82. YARD, SIDE. A yard extending from the front yard to the rear yard and between the side lot line and the side yard line. SECTION 3. That Section 8.10.27 of the Code of Ordinances of the City of Iowa City, Iowa be amended so that such section shall read as follows: Section 8.10.27, FENCE REQUIREMENTS. PURPOSE. The purpose of this ordinance is to promote the general health, safety and welfare by regulating the height, location and types of fences in the City of Iowa City. Rocciaed 2, APprnvad Py Tho Lc0e1 D*Orlmenl 7'i I 96 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ORf INCE NO. 79-2939 PAG, 2 A. Location and Height. Fences and hedges, when located within a front, side or rear yard or within five (5) feet of a lot line, shall be subject to the location and height requirements contained herein. 1. No portion of a fence more than 10 percent solid shall exceed eight (8) feet in height. 2. Fences and hedges shall be located so no part thereof is within two (2) feet of an alley. 3. At street intersections, no fence or a hedge more than two (2) feet in height above the curb level, shall be located within a triangular area two (2) of its sides 30 feet in length and measured along the rights-of-way lines from the point of intersection. 4. In residential zones, fences and hedges within the front yard shall not exceed four (4) feet in height. B. Enclosures. Except as otherwise provided, fenced enclosures shall be provided for swimming pools with a depth of 18 inches or more and for dog runs, and be subject to the following requirements: 1. An outdoor swimming pool, the edge of which is less than four (4) feet above grade, shall be completely enclosed by a fence not less than four (4) feet in height. The fence shall be so constructed as not to allow a five (5) inch diameter sphere to pass through the fence. A principal or an accessory building may be used as part of such enclosure. 2. All gates or doors opening through an enclosure shall be equipped with a self- closing and self -latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any building which forms a part of the enclosure need not be so equipped. The building inspector may permit other protective devices or structures to be used so long MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 01 IANCE NO. 79-2939 PAGE 3 as the degree of protection afforded by the substitute device or structure is not less than the protection afforded herein. 3. Fenced dog runs shall not be located i within a front yard nor within 10 feet of a lot line. I C. Barbed Wire and Electric Fences. Barbed wire and electric fences shall be subject to the following requirements: I. Barbed wire shall consist of twisted wires with barbs on each wire a minimum distance of four (4) inches apart Concertina wire shall be prohibited. 2. In a commercial or industrial zone, the bottom strand of barbed wire shall not be less than six (6) feet above grade. 3. In a commercial or industrial zone, I electric fences shall be prohibited. 4. In a residential zone, barbed wire and electric fences shall be prohibited except for the enclosure of farm animals. 5. No electric fence shall carry a charge greater than 25 milliamphere nor a I pulsating current longer than one-tenth (1/10) per second during in a one (1) second cycle. All electric fence charges shall carry the seal of an approved testing laboratory. 6. Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of street right-of-way line where a Public sidewalk does not exist. In the latter case, however, either fence may be erected or constructed along the right-of-way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of the sidewalk. Said agreement shall be processed with the application for a permit. 0. Permit Required. It shall be unlawful to erect or construct or cause to be erected or constructed any electric or barbed wire fence MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MONIES O"­)IANCE NO. 79-2939 PAur. 4 or any fence over six (6) feet in height Without obtaining a permit. All in for fence permits shall be submitted to the Building Inspector and shall be accompanied by a sketch or design of the proposed fence and a Plot plan showing the location of the proposed fence. SECTION 4. REPEALER. That Sections 24-4(a) and (b), Section 0.10.27 and all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 5. SEVERABILITY. If any , Provision or section 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 unconstitutional. part thereof not adjudged invalid or SECTION 6. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 30th day of January, 1979. MAYOR ATTEST: 1&; CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ROIIIES Ordinance No. 79-2939 Page It was moved b Balm Y _er and seconded by Roberts , that the r nance be adopted, and upon roll ca there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser X Perret Roberts Vevera 1st consideration: 1/16/79 Vote for passage: Ayes: Neuhauser, Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: Perret. 2nd consideration: 1/23/79 Vote for passage: Ayes: Erdahl, Neuhauser, Roberts, Vevera, Balmer, deProsse. Nays: None. Absent: Perret. r — MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES MOINES L ORDINANCE NO. 79-2940 AN ORDINANCE AMENDING ORDINANCE NO. 79-2936 TO CHANGE THE EFFECTIVE DATE OF THE VACATION OF HARRISON STREET FROM THE WESTERLY RIGHT-OF-WAY OF CAPITOL STREET TO THE EASTERLY RIGHT-OF-WAY OF MADISON STREET TO APRIL 1, 1979. SECTION 1. PURPOSE. The purpose of this ordinance s to amen r nance No. 79-2936 to change to April 1, 1979 the effective date of the vacation of Harrison Street from the Westerly right-of-way of Capitol Street to the easterly right-of-way of Madison Street. SECTION 2. AMENDMENT. Section 2 of Ordinance No. 79-2936 s hereFy amended to read as follows: Section 2. This ordinance shall be in full force and effect on April 1, 1979. SECTION 3. REPEALER. All ordinances and parts of ordinances in conf ict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provi- sion or part of t e rdinance 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 5. EFFECTIVE DATE. This Ordinance shall be in effect a ter is nal passage, approval and publication as required by law. Passed and approved this 30th day of January, 1979. ATTEST: MAYOR CITY CLERK i BY T}ir i-.23- 7? Z MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES _N Oro,.ance No. 79-2940 Page 2 It was moved by Balmer and seconded by Perret that the Ordinance be adopted, and upon rol call there were: AYES: NAYS: ABSENT: X Balmer X deProsse x Erdahl x Neuhauser x Perret X Roberts x Vevera First G0nAjdArati_oA —4ete4ff*assage• .— R —Vote-fer pessegL•= Moved by Balmer, seconded by deProsse that the rule requiring that ordinances must be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the first and second consideration and vote be waived, and that the ordinance be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councllmembers present. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 11I0111E5 1 The University of low" Iowa City, Iowa 52242 OfOce of Facilities Planning and Utilization January 19, 1979 T0: Ray'Mossman FROM: Richard E. Gibso RE: Harrison Street C osing $ Title Transfer As I have advised you over the phone, a hitch has developed with this matter. I understand that the City has taken those actions necessary to accomplish the vacation of Harrison Street between Madison and Capitol. The action was to be effective with publication which I understand has occurred. The City staff is now concerned about the status of the street from a liability standpoint. Legally it's not a street but in terms of physical reality it is. 1841 I have discussed this with Angela Ryan and she has agreed that the vacation action will be amended to be effective April 1, 1979. Actions which result in the transfer of title will be handled in a way to result in the transfer being effective the same date -- April 1, 1979. In the event all matters regarding transfer of title can't be accom- plished in time to meet that date the vacation ordinance will again be amended to a later date. The main point is that transfer of title is to occur at -the same time vacation occurs thereby removing obvious questions of liability and responsibility. As an alternative to the above, the vacation could be allowed to stand with the City taking action to physically close the street now; this option.is up to the City. Ms. Ryan, Gene Dietz and I also discussed the matter of utility ease- ments in the street. I understand that sanitary sewer and water lines serving two of our houses are present. I have advised both Ryan and Dietz that we would prefer that these easements not be continued with the transfer of title. This will place the responsibility for main- tenance of the lines in our hands, but, as we discussed, if problems develop we have the option of either repairing the problem or tearing the houses down whichever seems logical given the specific problem. REG/ j eo cc: A. Ryan G. Dietz P. White E. Jennings MICROFILMED s - MICROFILMED Bl JORM MICROLAB CEtAR RAPIDS -DES 1401"E5 2 /-5- ORDINANCE NO. AN ORDINANCE REGULATING THE OPERATION AND PARKING OF V4ICLES DURING SNOW EMERGENCIES: AND PROVIDING THAT VEHICLES IM ROPERLY PARKED DURING A SNOW EMERGENCY MAY BE TOWED. i I BE I` ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IO A: SECTIO I. SHORT TITLE. This ordinance shall be kn n and may be cited a the Snow Emergency Ordinance of the Cit of Iowa City, Iowa." SECTION II. URPOSE. The purpose of this ordi ance is to provide for a system hereby persons are notified f snow emergencies. Currently, with t such an ordinance, cars r ain parked on certain streets and effec ive plowing is curtailed Consequently, parking places are hard totain, and cars often p rk too far from the curb, a hazard to other mot ists. Whenever the City Manager fi? freezing rain, or on the ba Weather Bureau or any other will make it necessary that that parking on certain city snow plowing or other pu emergency. The following p during snow emergencies: STREETS on t e basis of falling snow, sleet, of forecast by the United States f• service that weather conditions vehicle traffic be expedited and bets,be prohibited or restricted for es, a/she shall declare a snow ng reg lations shall be in effect 1. On all streets which parking i allowed on both sides, vehicles may be parked o the even street numb ed side of the street on even days of the mont until after the change-\siof . 2. On all strg is on which parking is alboth sides, vehicles may be pared on the odd street numberthe street on odd days of the onth until after the change -o 3. All o er parking regulations and prohibiti01Y1, both posted and unpo� ed, shall remain in effect. The change-9ver time referred to in Section III shall be between the hours of7.00 AM and 9:00 AM following the effective time of the snow emergency During those hours vehicles may be parked on either sides of a stre t. 2_A6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IRES SECTION V. EFFECTIVE TIME OF SNOW EMERGENCY. A snow emergency shall take effect not earlier than four ) hours fter it is declared, except that if a snow emergency i declared shaler l not take effect AM the s until atfirst yleast 9 00 AM onand before o he secg d day nd ond day, it 1.\nt0imi15 ten City Manager shall declare a snow m the be by gtand signed filed with the City Clerk, sta ng 9 endingor the period of snow Mana mererncyhallf fi�leoffice such notice City Clerk s closed, the City 9 promptly when he office next is open duri normal business hours. 2. The Ci Manager may cancel s ch declaration or change the beginning or endi time. Notice as ovided in sub -section (1) of this section shall a given for such c ncellations or changes. 3. The City Ma ager shall J form IwCity/Cedar City Rapid e area radio and televis'on statios, dthe Iowa for Iowa City will newspapers, in that the snow emergency arking 9 aannd effect and ask that public ervi a announcements be made. 4. The Public Works rector shall post signs on all major highways and streets enteri the city, at or reasonably near been the city limits, informing mo ori is that a snow emergency has declared and summarizing t e sale nt regulations. 5. The City Mana r may take such other actions to inform the public of the snow emer ncy as he/sh shall deem advisable. SECTION VII. TOWING F IMPROPERLY PARKLO VEHICLES. Any vehicle found o be parked where not ermitted dur rm t snow emergency may be t ed away to a place where arking is p to such place as i designated by a peace off er for the storage of impounded vehicle . Section 23-235, Code of Ordinances of the City of Iow City, Iowa, is hereby amende by adding the following subsection (17). (17) D ring a snow emergency, upon a street on which rking is otherw'se allowed on both sides, when the vehicle is p keking d on the o street numbered side of the street on a day when is al owed only on the even street numbered side of the strr"�et, or w en the vehicle is parked on the even street numbered s e of a street on a day when parking is allowed onlyon the than e str et numbered side of the street, except during 9 - ov r time. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES If any s ction, provision or part of the Ordinance s a'fl be adjudged to be inv 'd or unconstitutional, such adjyd•cation shall not affect the va ' ity of the ordinancr as as whole or any section, provision or part reof not adjudged ipa-Tid or unconstitutional. This Ordinance shall bei t after its final passage, approval and publication as req id by la . Passed and approved this CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401HES ORDINANCE NO. 79-2941 AN ORDINANCE PROVIDING FOR THE DECLARATION OF SNOW EMERGENCIES; REGULATING THE OPERATION AND PARKING OF VEHICLES DURING SNOW EMERGENCIES; PROVIDING THAT VEHICLES IMPROPERLY PARKED DURING A SNOW EMERGENCY MAY BE TOWED; PROVIDING THAT PARKING IN VIOLATION OF THE ORDINANCE IS A MISDEMEANOR; AND PROVIDING A PENALTY. BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. SHORT TITLE. This ordinance shall be known and may be cited as the Snow Emergency Ordinance of the City of Iowa City, Iowa." SECTION II. PURPOSE. The purpose of this ordinance is to provide for a system whereby persons are notified of snow emergencies. Currently, without such an ordinance,'cars remain parked on certain streets and effective plowing is curtailed. Consequently, parking places are hard to obtain, and cars often park too far from the curb, a hazard to other motorists. SECTION III. PARKING REGULATIONS ON CERTAIN STREETS Whenever the City Manager finds, on the basis of falling snow, sleet, freezing rain, or on the basis of a forecast by the United States Weather Bureau or any other weather service that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on certain city streets be prohibited or restricted for snow plowing or other purposes, he/she shall declare a snow emergency. The following parking regulations shall be in effect during snow emergencies: 1. On all streets on which parking is allowed on both sides, vehicles may be parked on the even street numbered side of the street on even days of the month until after the change -over time. 2. On all streets on which parking is allowed on both sides, vehicles may be parked on the odd street numbered side of the street on odd days of the month until after the change -over time. 3. All other parking regulations and prohibitions, both posted and unposted, shall remain in effect. SECTION IV. CHANGEOVER TIME. The change -over time referred to in Section III shall be between the hours of 7:00 AM and 9:00 AM following the effective time of the snow emergency. During those hours vehicles may be parked on either side of a street on which parking normally would be allowed on both sides. 216 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Ordinance 79-2941 Page 2 SECTION V. EFFECTIVE TIME OF SNOW EMERGENCY. A snow emergency shall take effect not earlier than four (4) hours after it is declared, except that if a snow emergency is declared after 8:00 PM it shall not take effect until at least 9:00 AM the next day. SECTION VI. PROMULGATION OF DECLARATION. 1. The City Manager shall declare a snow emergency by written signed notice filed wit!, the City Clerk, stating the beginning and ending time for the period of snow emergency. If the Office of the City Clerk is closed, the City Manager shall file such notice promptly when the office next is open during normal business hours. 2. The City Manager may cancel such declaration or change the beginning or ending time. Notice as provided in sub -section (1) of this section shall be given for such cancellations or changes. 3. The City Manager shall inform the Iowa City/Cedar Rapids area radio and television stations, and the Iowa City newspapers, that the snow emergency parking regulations for Iowa City will be in effect and ask that public service announcements be made. 4. The Public Works Director shall post signs on all major highways and streets entering the city, at or reasonably near the i city limits, informing motorists that a snow emergency has been declared and summarizing the salient regulations. 5. The City Manager may take such other actions to inform the public of the snow emergency as he/she shall deem advisable. SECTION VII. TOWING OF IMPROPERLY PARKED VEHICLES. Any vehicle found to be parked where not permitted during a snow emergency may be towed away to a place where parking is permitted or to such place as is designated by a peace officer for the storage of impounded vehicles. SECTION VIII. VIOLATION. Section 23-235, Code of Ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following sub -section (17): (17) During a snow emergency, upon a street on which parking is otherwise allowed on both sides, when the vehicle is parked on the odd street numbered side of the street on a day when parking is allowed only on the even street numbered side of the street, or when the vehicle is parked on the even street numbered side of the street on a day when parking is allowed only on the odd street numbered side of the street, except during the change- over time. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES Ordinance 79-2941 Page 3 Violation of this section shall constitute a misdemeanor punishable by a fine of five dollars ($5.00). SECTION IX. SAVINGS CLAUSE. 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 X. EFFECTIVE DATE CLAUSE This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 30th day of January, 1979. i MA OR ATTEST: C It was moved by Balmer and seconded by Perret t at t e ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: xBalmer X deProsse X Erdahl x _ _ Neuhauser x Perret Roberts T_ x Vevera 44+5-« +a tion -Vote-fow-passage= Moved by Balmer, seconded by Neuhauser that the rule requiring that ordinances must 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, that the first and second consid- eration and vote be waived, and that the ordinance be voted upon for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. RECEIVED E APPROVED B mLEG DEPARTMENT 129 -19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140InES MICROFILMED BY JORM MICROLAB l:I:PAP RAPI[A.Df'. 'I01;1f;