HomeMy WebLinkAbout1982-06-22 Ordinancer
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recorded and.published, as provided by law, in the Iowa City'Prese-Citizen on
the 30th day of Maroh, 1°40.
Grover C. Watson, City Clerk
ORDINANCE N0. 1627
PROVIDING FOR THE VACATION OF THE ALLEY IN BLOCK THIRTY—EIGHT ORIGINAL TOWN
HOF
IOWA CITY, IOWA, AND AUTHORIZING, DIRECTING, AND EMPOWERING TE LAYOR AND CITY
CLERK TO CONVEY SAID ALLEY AND THE REAL ESTATE CONTAINED THEREIN TO MERCY
HOSPITAL, IOWA CITY, IOWA, A CORPORATION
WHEREAS, Mercy Hospital, Iowa City, Iowa, a corporation, is the owner of
all the lots in Block Thirty—eight, Original Town of Iowa City, Iowa, according
to the recorded plat thereof, and has petitioned the City of Iowa City, Iowa,
to vacate the alley in said block, and for a deed to said alley and the real
estate contained therein; and
WHEREAS, The City Council of the City of Iowa City, Iowa, has carefully
considered said petition abd has investigated the matters set forth therein, anc
has determined that said alley is no longer needed for the convenience of the
general publio, and that the matters contained in said petition are true; and
rHEREAS, It is the decision of the said City Council that it is for the
beet interests of the owners of the lots in said block and of the patients in
the Hospital conducted thereon by said Mercy Hospital, Iowa City, Iowa, a cor—
poration, and for the best interests of the City of Iowa City, Iowa, that said
alley be vacated and deeded to said hospital corporation; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOl7A:
Section 1. That the alley in Block Thirty—eight, Original Town of Iowa
City, Iowa, according to the recorded plat thereof, be and the same is hereby
vacated and the City Clerk of this city is hereby authorized and instructed to
prepare aryl file for record in the office of the Recorder of Johnson County,
Iowa, all necessary papers to show this said vacation.
Section 2. That the Mayor and City Clerk are hereby empowered, authorized,
and directed to,execute and deliver on the behalf of the City of Iowa City:Iowa
a Quit Claim Deed to Mercy Hospital, Iowa City, Iowa ,
, a corporation, as grantee,
conveying the alley in Block Thirty—eight referred to iri Section 1 hereof, and
the real estate contained within said alley; provided, however, that said deed
shall contain a provision that if said Block Thirty—eight shall ever✓ cease to be
used by Mercy Hospital, Iowa City, a corporation, its successors, grantees, or
assignees, for hospital purposes, the real estate so conveyed shall revert to
and revest in the City of Iowa City, Iowa, and provided further that said deed
shall reserve to the City of Iowa City, Iowa, the right to enter upon the real
estate so conveyed for the purpose of repairing, replacing, and maintaining all
sewers, water mains, and all other public service linee:loeated upon said real
estate.
Section j. This ordinance shall be id full force and effect immediately
upon its passage and publication as by law provided.
Introluoed by Ordinance Committee: E.R. Meansek
Passed this 26th day of March, 1940 (R.J. Phelps
em
(Signed) P.F. Willenbrock, Mayor
Published Mm 294q� i
Attest: Grover C. Watson, City Clerk H.F. Willenbrock, Mayor
HICROFILRED BY
t JORM MICR46LAB
V
CEDAR RAPIDS DES I401,JES
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CLERK'S CERTIFICATE i
I, Glen V. Eckard, City Clerk of Iowa City, Iowa, dohe.eby certify that the above and
foregoing Ordinance is true and exact copy of any Ordina[ce!passed and approved by the
City Council of Iowa Citv, Iowa, at a regular meeting of iwvember 15th, 1966 and duly
published in the Iowa City Press Citizen on the .=.j'+R day of i1W,e., .t/` 1966,:
Cit Clerk
\l'^ ORDINANCE NO. 2417
1j
AN ORDINANCE VACATING VAN BUREN STREET BETWEEN MARKET AND BLOOMINGTON AND PART OF THE ALLEY
IN BLOCK 47, O.T., IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
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SECTION I. That the street and the a lley in Iowa'City, Iowa here inafter 'described by and the -:
same is hereby vacated:
Van Buren Street from the North line of Market Street to the South line of 4
Bloomington, and the East 100 feet of the'Alley in Block 47, O.T., Iowa City,
Iowa.
SECTION II. This ordinance shall be in full force and effect when published by law.
:e
Passed and approved this 15th day of November, 1966. =Q \
It was moved by Burger and seconded by Nesmith that the ordinance as read be adopted,-^
and upon roll call there were: Ayes: Burger, Hickerson, Hubbard, Lind, Nesmith Nays:
None Absent: None /
�n
.1 or
ATTEST
�- I
-' City Clerk
CLERK'S CERTIFICATE_i j
1
141CROFILMED BY
,I "JORM MICR6LAB
CEDAR RAPIDS • DES MOIaES
STATE EAR ASSOCIATIONµ';,• w
Form No; 4 nr.
'= QUIT CLAIM DECD
FOR THE LEGAL EFFECT OF THE U56
OF THIS FORM, C014SULT YOUR LAWYER
rxnotit All filen by II 051! pregelit�: That--Th-9—Citypf Io, wa iIowa,—a
tluniciya1 Corporation --__—.__—•••--••---••-
in Consideration of the sum of
........... -
one dollar- and_other valuable cons i leration ._-,_—_� �._.._..— ------
in hand paid do hereby Quit Claim unto
—.............._......—.___.._....._..__._.._..._.....
all our right, title, interest, estate, claim and demand in the following described reel 'estate sltua In
- Johnson
_-;.—-—County, Iowa, to -wit:
h
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!I Van Buren Street from the North line of
Market Street to the South line of Bloom-
ington, and the East 100 feet of the alley
in Block 47', O.T., Iowa City, Iowa.
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Each of the undenigned hereby relinquishes all rights of dower, homestead and distributive Lharo in and to L
iho above described promises.
g ecinowledgmsm hered m ol, shelf be condruaIn the similar or plural numex
bar, and as u+cALN
Words and phrases heroin, includin•„:i
feminine or neuter gender, according to the context
Signed this.._.n.71L..day
Mayor -
Attest:"ty Clerk
STATE OF IOWA! 1 rr
COUNTY OF
On this .._........ D, 19._.e
before me, the undersigned. a Notary Public In end lot laid ,
•;'hr
County, in said Slats, penonstlY appeared
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it
m
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orn to be the identical pem� named In and who executed
o me �.
Ihs fomgo;ng instrument and ,.lodged that they executed • j;
she lams es their voluntary act and deed.
. iViF
Notary Public in and for said Counts � a�r'.k/t•�
-. ra 4. curt slaw ivn:.
PICROFILMED BY
11. "JORM MICR+LAS
CEDAR RAPIDS •DES t401NE5
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;s.
'the letter
enter
ously.
he letter
police and
Irried
leL.r
`er 1969
ludget.
'r from
id filed.
I:aken
n so
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Iter
Park
n corms.
141CROFILMED BY
JORM MICR#L AB- J _j
CEDAR RAPIDS DES 1701DES
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Planning F Zoning Commission Minutes
July 23, 196S
Pagc 2
Mr. Don Hoy, speaking for the developers stated that
this matter was similar to Mt. Prospect and apparently could
not be acted upon since the rezoning had not been completed.
They ]lad assumed the area was zoned 111B, but later discovered
it was still R1A. Action was delayed until a request for
rezoning is received.
In a related matter, the Planning f, Zoning Commission
requested that the Planning Department look into possible
exceptions on lot frontage and width requirements on "cul-de-sacs"
Mr. Lund'ocrg stated this would be studied.
PRELIMINARY AND FINAL PLAT FOR BEL AIR. FOURTH ADDITION
Fred ;Moore stated the preliminary and final plat
meet the enginecring.requirements. The land development
committee reported they recommended approval. Dir. Shulman
moved to recommend approval to the City Council of the pre-
liminary and final plats of Bel Air, Fourth Addition.
Mr. Madsen seconded the motion. Motion carried.
COURT HILL, PART 11A AND PART 13, PRELIMINARY PLAT
Mr. Ed Lucas, representing Plum Grove Acres, Inc.
stated that they were willing to connect Brookside Drive (as
platted in Court Hill, Part 13) but that he thought it would
be best to resolve the financing of the creek structure with
the City Council. Mr. Shulman stated that if the crossing
problem of Brookside Drive could be worked out that he saw no
problem in approving these plats. Chairman Mulford then asked
if the Commission would recommend approval of both plats
(Court Hill Part 11A and Court Hill Part 13), subject to an
agreement being needed on the connection of Brookside Drive.
Mr. Shulman so moved and Mr. Madsen seconded the motion.
Motion carried.
ALLEY EASEMENT VACATION FOR ALLEY IN BLOCK 38-1%1ERCY HOSPITAL
Mr. Dan Boyle, speaking in behalf of Mercy Hospital
stated that in 1940 the city had vacated the alley in the
Mercy hospital block but had retained an easement for city
utilities. All of these utilities have now been removed.
Mr. Fred Moore stated that the Engineering Department saw no
reason why this easement was now needed by the city.
A motion was made by Mr. Madsen that the Commission
recommend to the City Council the removal of the easement as
requested. Mr. Vestal seconded the motion. Motioned carried.
1
MCROFILMED BY
1 `JORM MICR(JLAB-
CEDAR RAPIDS DES MOVIES
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ATTEST:11''
City Cferk
It was moved by Lind and seconded by Brandt to set a public
hearing on the vacation of a utility easement on the alley Block
38, O.T. for Mercy Hospital on Sept. 3, 1968. Motion carried.
It was moved by Brandt and seconded by Connell to set a
public hearing on the vacation of a portion of Normandy Drive
Parkview Terrace Subd. on Sept. 3, 1968. Motion carried.
It was moved by Brandt and seconded by Lind that the rules be
suspended and the 1st reading of the Ordinance on Noise be given by
title only. Upon roll call Brandt, Connell, Hickerson & Lind voted
'aye'. Butherus, absent. Motion carried.
It was moved by Connell and seconded by Brandt that the rules
be suspended and the 1st reading of the Ordinance Establishing Human
Relations Commission be given by title only. Upon roll call Brandt,
Connell, Hickerson & Lind voted 'aye'. Butherus, absent. I -lotion
carried.
The first reading of the Ordinance Rezoning 'Tract C, Towncrest
Addition IV was given.
The third reading of the Ordinance Establishing A11ey in Block 4,
O.T. was given. It was moved by Brandt and seconded by Lind that the
Ordinance be adopted, and upon roll call Brandt, Connell, Nickerson &
Lind voted 'aye'. Butherus, absent. Motion carried.
ORDINANCE NO. 2489
AN ORDINANCE ESTABLISHING THE ALLEY IN BLOCK 4, ORIGINAL
TOWN AND DEDICATING SAID AREA AS A PUBLIC ALLEY AND
REPEALING ORDINANCE NO. 2367 AND ALL ORDINANCES OR PARTS
OR ORDINANCES IN CONFLICT IIL•'REWITII.
BE IT ENACTED BY THE CITY COUNCIL•OF THE CITY OF IOWA CITY, IOWA:
SECTION I. PURPOSE. The purpose of this Ordinance is to dedicate
the cast 190' of the alley in Block 4, running eat and west between
Jefferson Street and Iowa Avenue, Original Town as a public alley and
to repent Ordinance No. 2367 which vacated same.
SECTION II. DEDICATION. The cast 190' of the allay in Block 4,
running east and west betwe,m Jefferson Street and Iowa Avenue,
Original Town is hereby dedicated as a public alley.
SECTION III. REPEALER. Ordinance No. 2367 and all ordinances
and parts of ordinances in conflict with thu provisions of this
Ordinance are hereby repealed.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect
i
MICROFILMED BY
� -"JORM MIC R#LAO
�
CEDAR RAPIDS DES MOINES
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omaended in his u�� ,,,..�_... ..... ....,., _._.. _. , ..., ... .. _.. ..
nanimously. of contract for the malting of said improvements, which documents are now
th at 4 P.M. on file in the office of the City Clerk, said hearing to be held at the
place last above mentioned on the 17th day of September, 1968, at 7:30
urn to the o'clock P.M. CDT, and that the City Clerk give notice of said hearing
by publication once in a Local legal newspaper, printed wholly in the
English language, at least tan clear days prior to the date fitted therefor.
It was moved by Butherus and seconded by Connell that the Resolution
L968. as read be adopted and upon roll call there were: ,Ayes: Butherus,
Connell & Lind. Nays: None. Absent: Brandt & Hickerson.
. session on the Passed and approved this 26th day of August, 1968.
!bers of the
S/Mayor Pro Tem Robert Lind, Sr.
;enti Brandt & Mayor Pro Tem Lind
:herus and ATTEST:�.,
it pro tem. City Cleric
It was moved by Connell and seconded by Butherus to adjourn the
meeting. Motion carried unanimously.
MINUTES OF A REGULAR MEETING OF SEPTEMBER 3�, 1968.
:eceive and
action in The City Council of Iowa City, Iowa, met in regular session on the
jerside Dr. 3rd day of September, 1968 at 7:30 P.M. in the Council Chambers in the
int: Brandt City Hall.
Mayor Hickerson presiding.
idop he
3ids y-16-68 Members present were: Brandt, Butherus, Connell, Hickerson & Lind.
at Repair Absent: None.
ted 'aye'.
The Mayor announced that this was the time set for public hearing on
the vacation of a portion of Normandy Drive. Attorney Dan Boyle appeared
representing the owners. The Mayor then declared the hearing closed.
NS,
The Mayor announced that this
was
the time
set
for public
hearing on
TO
the vacation of easements in Alley
in
Block
38 O.T.
Attorney
Dan Boyle
appeared representing the owners.
The
Mayor
then declared
the
hearing
S
closed.
It was moved by Brandt and seconded
by
Lind to
reject the
one bid
received for the 27,500 CVW Truck
with
dump
body and
front mounted
loader
and readvertise in 30 days. Upon
roll
call
Br:ndt,
Butherus,
Connell,
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MICROFILMED BY
JORMMICR LAB
LCEDAR RAPIDS • DES MOINES
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Mayor
City Clerk
It was moved by Brandt and seconded by Lind that the Resolution
Conveying Utility Easement to Mercy Hospital for vacated alley Block
38 O.T. be adopted. Upon roll call Brandt, Butherus, Connell, Ilickerson
& Lind voted 'aye'. Motion carried.
RESOLUTION 1:0, 948
RESOLUTION CONVEYEING UTILITY EASEMENT TO
MERCY HOSPITAL - ALLEY IN BLOCK 38 ORIGINAL.
TWN, I014A CITY, I014A.
WHEREAS, the utility casement, dated March 29, 1940, in the alley
at Block 38, O.T., Iowa City, Iowa, on which Mercy Hospital is located,
is no longer needed as all existing lines were removed from the nLley
and relocated, and,
WHEREAS, the City Council of the City of Iowa City, Iowa, deems it
in the public interest to release the easement to Mercy Hospital,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Iowa
City, Iowa, that:
1) The easement be released by a Quit Claim Deed to Mercy Hospital,
the owners of abutting property.
2) The Mayor and the City Clerk of the City of Iowa City, Iowa, are
hereby authorized to execute and deliver said quit claim deed.
It was moved by Brandt and seconded by Lind that the resolution as
read be adopted, and upon roll call there were: Ayes: Brandt, Butherns,
Connell, Ilickurson & Lind. '
Passed and approved this 17th day of September, 1968.
1
MICROEIUAED BY
JORM MICR6LAB
CEDAR RAPIDS • DCS M0171CS
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xG ec: t lleF L, Z2 a-.
Mayor '-
,� L
City Clerk
CLERK'S CERTIFICATE
L, Glen V. Eckard, City Clerk of the City of Iowa City, Iowa, do hereby certify that the foreg
Is a true and exact copy of an Ordinance passed and approved by the City Council of Iowa City,
regular meeting of December 17, 1968, and fully published in the Iowa City Press Citizen
.ik day of Z',�w^_ , 196 _.
City Cleric
ORDINANCE NO. -2505
All ORDINANCE VACATING EASMENTS ON VACATED ALLEY, BLOCK 38 O.T.
ORDAINED BY THE CITY COUNCIL OF I(MA CITY, IMA:
{ m 1. That the easements on property in Iowa City, Iowa, hereinafter described be and
hereby vacated:
Easements for utilities Located on the vacated alley in Block 38,
Original Town of Iowa City, Johnson County, Iowa.
n 2. This Ordinance shall be in full force and effect when published by law.
moved by Brandt and seconded by Connell that the Ordinance be adopted, and upon roll
were: Ayes: Brandt, Butherus, Connell, Nickerson 6 Lind. Nays: None.
and approved this 17th day of December, 1968., /
i
_ �FR 6,Y
L<
Mayor
I
7— City"ierk
CLERK'S CERTIFICATE
, Glen V. Eckard, City Clerk of the City of Iowa City, Iowa, do hereby certify that the
•dinance is a true and exact copy of an Ordinance passed and approved by the City Council
,, Iowa, at a regular meeting of December 17, 1968, and fully published in the Iowa City
n on the t day of d')ac., _Gan , 1965=
Cit Clerk
ORDINANCE 110. 2506
A14 ORDINANCE ESTABLISIIING VACATED RIDG11400D �0�7
I i ,
•! MICROFILMED BY
JORM MICR46LA13
CEDAR RAPIDS DES MOINES ,` ��
MINUTES OF A REGULAR MEETING OF JANUARY 21, 1969.
It was moved by Butherus and seconded by Lind.to adopt the Resolution
disposing of easements on the vacated alley, Block 38 O.T. Upon roll
call Brandt, Butherus, Connell, Hickerson & Lind voted 'aye'. Motion
carried.
RESOLUTION NO. 1067
RESOLUTION DISPOSING OF EASEMENTS ON
VACATED ALLEY.
WHEREAS, the City Council, on the 3rd day of September, 1968, held a
Public Hearing on the vacation of easements on the alley in Block 38 O.T.
Iowa City, Iowa, and,
WHEREAS, the City Council duly and legally enacted an ordinance
vacating same, and,
WHEREAS, the City Council on the 7th day of January, 1969, held a
Public Hearing on the disposal of said easements to Mercy Hospital.
NOW THEREFORE BE IT RESOLVED UY'THE CITY COUNCIL OF IOWA CITY, IOWA:
That the Mayor and City Clerk be authorized and directed to execute a
quit claim deed for the above described property from the City of Iowa
City to Mercy Hospital, Iowa City, Iowa.
It was moved by Butherus and seconded by Lind that the resolution
as read be adopted, and upon roll call there were: Ayes: Brandt,
Butherus, Connell, Hickerson & Lind.
Passed and approved this 21st day of January, 1969. j
S/Loren Hickerson
Mayor
ATTEST: S/Glen V. Eckard
City Cler.k
It was moved by Brandt and seconded by Connell to adopt the Resolution
on the agreement with Metro Pavers,.. Upon roll call Brandt, Butherus,
Connell, Hickerson & Lind. Motion carried.
RESOLUTION NOS 1068
RESOLUTION AUTHORIZING AGREEMENT WITII METRO PAVERS, INC.
WHEREAS, the City Council of Iowa City, Iowa, pursuant to law, on
the 3rd day of December, 1968, enacted Resolution No. 1030, awarding
the construction of a certain •paving project to the lowest and best bidder,
Metro Pavers, Inc., of Iowa City, Iowa, and
WHEREAS, on December 3, 1968, the City of Iowa City, Iowa, entered
into a contract for said paving program with the said Metro Pavers, Ina.,
of Iowa City, Iowa.
NOW THEREFORE DE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA:
That the City of Iowa City, Iowa, hereby agrees to indemnify Metro
Pavers, Inc., of Iowa City, Iowa, from any loss sustained by reason of '/
delay in or non-payment for said project occasioned by any fault attributable /dT 7
i
MICROFILMED BY
1 --JORM MICR46LA13
LI CEDAR RAPIDS • DES MOIRES
C
ORDINANCE N0. 82-3064
AN INTERIM ORDINANCE AMENDING CHAPTER 8. 10, THE
ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE
CITY OF IOWA CITY, BY LIMITING CONSTRUCTION
WITHIN A DESIGNATED AREA FOR A MAXIMUM PERIOD
OF SIX MONTHS PENDING A DECISION TO REZONE ALL
OR PART OF THE AREA.
BE 11' ORDAINED BY THE CITY OF IOWA CITY, IOWA:
SECTION 1. PURPOSE. The purpose of this ordinance
is to provide adequate time for consideration of
the rezoning of all or part of the area hereinafter
described. It will prevent construction of
potential nonconforming uses that would be
inconsistent with a decision to rezone all or part
of the area consistent with the City's
Comprehensive Plan as adopted or amended.
SECTION 2. AMENDMENTS. Section 8.10.4 is hereby
amended by adding the following section:
D. In order to provide sufficient time for
consideration of the rezoning of all or
part of the area hereinafter described,
building permits shall be issued only for
such construction as would be permitted
if the area were rezoned R3.
The area affected by this interim ordinance is
generally described as follows:
Beginning at a point at the intersection of
Johnson Street and Jefferson Street, proceed-
ing easterly along Jefferson to a point at the
intersection of Jefferson and Governor, thence
southerly along Governor to Ralston Creek,
thence easterly along Ralston Creek to Evans
St. and continuing east approximately 160 feet
along Ralston Creek to a point, thence south
through S.M. Clark's Addition to Woodlawn,
thence along the easterly lot line of Lot 1 of
S.M. Clark's Addition, thence southerly along
Muscatine to the intersection of Washington
Street and Muscatine, thence south between
Lots 3 and 7 of Fry's Subdivision, thence west
along the alley on the northern lot line of
Lot 3 J. & J.W. Clark's Addition, thence south
through Lot 3 of J. &. J.W. Clark's Addition
to College Street, thence south along the
easterly lot line of Lot 9 and 25 J. & J.W.
Clark's Addition to Burlington Street, thence
south between Lots 2 and 3 of Kauffman's
Addition, thence westerly between Lots 2 and
23 and 1 and 24 of Kauffman's Addition to
Summit Street, thence south approximately 80
feet along Summit St., thence west through
1(
MICROFILMED BY
"DORM MIC R46LAB
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CEDAR RAPIDS • DES MOI4E5 II
/to&T-
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Out lot 1, 29, 28 Original Town on an irregular
line and as shown on said zoning map to the
alley, thence south along the alley
paralleling Dodge Street to the centerline of
Bowery Street, thence west along Bowery Street
to the alley parallel to Dodge Street between
Dodge Street and Johnson Street through Block
7 Lyon's Second Addition, thence due north
along said alley to the south right-of-way
line of Court Street, thence west along said
right-of-way and the northerly lot line of Lot
1 Lyon's Second Addition to the alley in Block
6 Original lown Lyons 2nd Addition, thence due
north along a line through Outlot 26, Block
42, and Block 41 Original Town to the alley
located in Block 41 Original Town, thence
easterly along said alley to Johnson Street,
thence. northerly along Johnson Street to the
point of beginning.
SECTION 3. The Building Official is hereby
authorized to change the Zoning Map of the City of
Iowa City, Iowa, to conform to this amendment upon
the final passage, approval and publication of this
Ordinance as provided by law.
SECTION 4. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance to the
County Records of Johnson County, Iowa, upon final
passage, approval and publication as provided by
law.
SECTION 5. EFFECTIVE DATE. This Ordinance shall
become effective upon publication and shall remain
in effect for six months or until the enactment of
an ordinance to rezone all or part of the area above
described, whichever is sooner.
Passed and adopted this 22nd day of June, 1982.
M / OR
ATTEST: � f
CITY CLERK
/DSS
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r4icRor[LmED BY
I ' - JORM MIC RdLA13
J
CEDAR RAPIDS • DES RDIBES I
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It was moved by Balmer , and seconded by Perret
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x
BALMER
X
DICKSON
X
ERDAHL
x
LYNCH
x
MCDONALD
X
NEUHAUSER
x
PERRET
First consideration xxxxxxxxxxxxxxxx
Vote for passage:
Second consideration xxxxxxxxxxxxxxxx
Vote for passage:
Date published 6/26/82
Moved by Balmer, seconded by Perret, that the rule
requiring ordinances to be considered and voted on
for passage at two Council meetings prior to the
meeting at which it is to be finally passed be sus-
pended, the first and second consideration and vote
be waived and the ordinance be voted upon for final
passage at this time. Ayes: Erdahl, Lynch, McDonald,
Neuhauser, Perret, Balmer, Dickson. Nays: None.
Receival & Approved
By The Legal dopaitinanl
I MICROFIL14ED BY
I. JORM MICR46LAB
CEDAR RAPIDS • DES MOINES I
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ORDINANCE NO.
AN INTERIM ORDINANCE AMENDING CHAPTER 8. 10, THE
ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE
CITY OF IOWA CITY, BY LIMITING CONSTRUCTION
WITHIN A DESIGNATED AREA FOR A MAXIMUM PERIOD
OF !jX MONTHS PENDING A DECISION TO REZONE ALL
OR PAST OF THE AREA.
BE IT ORRAINED BY THE CITY OF IOWA CITY, IOWA:
SECTION PURPOSE. The purpose of this ordinance
is to pr vide adequate time for consideration of
the rezonng of all or part of the area hereinafter
described. It will prevent construction of
potential nonconforming uses that would be
inconsiste4 with a decision to rezone all or part
of the Area consistent /with the City's
Comprehensiv Plan as adopted Pr amended.
SECTION 2. A ENOTTS. S ction 8.10.4 is hereby
amended by addi Ig the foll wing section:
D. In or r to ovide sufficient time for
conside atio of the rezoning of all or
part of th area hereinafter described,
building rmits shall be issued only for
such consruction as would be permitted
if the ar aere rezoned R3.
The area affect by \\this interim ordinance is
generally descri ed as follows:
Beginning t a point at the intersection of
Johnson Street and Jefferson Street,
proceedin easterly along Jefferson to a point
at the i ersection of Jefferson and Governor,
thence outherly along Governor to Ralston
Creek, ence easterly along Ralston Creek to
Evans S and continuing east approximately
160 fet along Ralston Creek to a point,
thence outh through S.M. Clark's Addition to
Woodla , thence along the easterly lot line
of Lot 1 of S.M. Clark's Addition, thence
southerly along Muscatine to the intersection
of Washington Street and Muscatine, thence
south between Lots 3 and 7 of Fry's
Subdivision, thence west along the alley on
the northern lot line of Lot 3 J. & J.W.
Clark's Addition, thence south through Lot 3
of J. &. J.W. Clark's Addition to College
Street, thence south along the easterly lot
line of Lot 9 and 25 J. & J.W. Clark's Addition
to Burlington Street, thence south between
Lots 2 and 3 of Kauffman's Addition, thence
westerly between Lots 2 and 23 and 1 and 24 of
Kauffman's Addition to Summit Street, thence
south approximately 80 feet along Summit St.,
thence west through Outlot 1, 29, 28 Original
141CROM14ED AV
i
' - DORM'MIC {7OLAB -
CEDAR RAPIDS • DES 1401 NES
I
I
10(0,5
Town on an irregular line and as shown on said
zoning map to the alley, thence south along
the alley paralleling Dodge Street to the
Chicago, Rock Island & Pacific Railroad
tracks, thence northwesterly along the
railroad right-of-way to the center line of
Johnson Street, thence north approximately
330', thence due west approximately 150' o a
point thence north along the alley i lock 6
Origin 1 Town Lyons 2nd Addition, ence due
north long a line through Out t 26, Block
42, an Block 41 Original T to the alley
located in Block 41 Ori ' al Town, thence
easterly along said alle to Johnson Street,
thence no therly along ohnson Street to the
point of b ginning.
SECTION 3. The Bui ding Official is hereby
authorized to Chan a he Zoning Map of the City of
Iowa City, Iowa, to onform to this amendment upon
the final passage, roval and publication of this
Ordinance as provi ed law.
SECTION 4. The ity Cle k is hereby authorized and
directed to cer ify a cop of this Ordinance to the
County Records of Johnson ounty, Iowa, upon final
passage, appr val and publ ation as provided by
law.
SECTION 5. FFECTIVE DATE. TM Ordinance shall
become effe tive upon publication nd shall remain
I effect Or six months or until t enactment of
an ordinan a to rezone all or part of a area above
described whichever is sooner.
f
Passed ail adopted this
MAYOR `
ATTEST:
CITY CLERK
D
/0 6 S
1
I41CROFILIIED BY
JORM-MICREILAB -�
CEDAR RAPIDS • DES MOINES
. J
LL
A
It was moved by and seconded by
that the Ordinance as read by at opted and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER
DICKSON
ERDAHL
LYNCH
MCDONALD
NEUHAUSER
PERRET
First considerati 6,14/82
Vote for passa e: yes: erre a I mer, Dickson,
Erdahl, McDo d. Nays: Lynch. Absent: Neuhauser.
Second consid ation
Vote for pa sage:
Date publis ed
µeccivec al peparwonl
s
1 i
M1111F1011 RY i
I "JORM-MICR�LAB
CEDAR RAPIDS DES'MO
/066
r
ORDINANCE NO.
AN INTERIM ORDINANCE AMENDING CHAPTER 8/OF
E
ZONING ORDINANCE OF THE MUNICIPAL CODE
CITY OF IOWA CITY, BY LIMITING CONSN
WITHIN A DESIGNATED AREA FOR A MAXIMUD
OF SIX MONTHS PENDING A DECISION TO REL
OR PART OF THE AREA.
BE IT ORDAINED BY THE CITY OF IOWA CITYIOWA:
SECTION 1. PURPOSE. The purpose of his ordinance
is to provide adequate time for nsideration of
the rezoning of all or part of the area hereinafter
described. It will prevent construction of
po ential nonconforming uses that would be
inc nsistent with a decision t rezone all or part
of the area consistent with the City's
Comdr ensive Plan as adopte or amended.
0
The area
generally
:NDMENTS. S ction 8.10.4 is hereby
ng the foll wing section:
I order to p Ovide sufficient time for
con ideratio of the rezoning of all or
part f the area hereinafter described,
builds g p mits shall be issued only for
such cos uct'on
as would be permitted
if the ar were rezoned R3.
affecte \asllows: his interim ordinance is
describ d
Beginning t a poi
n at the intersection of
Johnson Street an Jefferson Street,
proceedin easterly alo Jefferson to a point
at the i tersection of Je ferson and Governor,
thence outherly along vernor to Ralston
Cr:
hence easterly alon Ralston Creek to
Evans At. and continuing e t approximately
160 f et along Ralston Cre to a point,
thenc south through S.M. Clar 's Addition to
Wood)awn, thence along the east rly lot line
of /ot 1 of S.M. Clark's Addi\!1heal
ence
sou herly along Muscatine to the tion
of Washington Street and Muscaence
so th between Lots 3 and ry's
Su division, thence west along y on
th northern lot line of Lot 3 J. & J.W.
Clark's Addition, thence south through Lot 3
o J. &. J.W. Clark's Addition to College
S reet, thence south along the easterly lot
line of Lot 9 and 25 J. & J.W. Clark's Addition
to Burlington Street, thence south between
Lots 2 and 3 of Kauffman's Addition, thence
westerly between Lots 2 and 23 and 1 and 24 of
Kauffman's Addition to Summit Street, thence
south approximately 80 feet along Summit St.,
thence west through Outlot 1, 29, 28 Original
I4ICROnu4ED RY
CORM MIC R4yLAL9 ?
CEDAR RAPIDS DES 1401?IES
I
to b5
1
r
Town on an irregular line and as shown on said
zoning map to the alley, thence south along
the alley paralleling Dodge Street to the
Chicago, Rock /hene
nd & Pacific Rai oad
tracks, thencerthwesterly alon the
railroad right-oy to the westerly of line
of Lot 4 LyoFirst Additio , thence
northerly along lley paralleli g Van Buren
Street to Ralstoeek, thence 0rtheasterly
along Ralston k to Van uren Street,
thence southerlyng Van Bu en Street to the
south lot line Lot Lyon's Second
Addition, thenceterly o the alley shown
\onLyo.n'sL'Seconditi thence northerly
west li s of Lot 1, 2 and 3
cond t' n due north across
St. talley located in Block
l Townence easterly along said
Johnsotreet, thence northerly
hnsoneet to the point of
SECTION 3. Theilding Official is hereby
authorized to cha e e Zoning Map of the City of
Iowa City, Iowa, o Confor to this amendment upon
the final pas sag appro. 1 and publication of this
Ordinance as pr ided by la
SECTION 4. Th City Clerk is reby authorized and
directed to c rtify a copy of thI Ordinance to the
County Recor s of Johnson County, owa, upon final
passage, ap royal and publication s provided by
law.
SECTION 5. EFFECTIVE DATE. This Ordin ce shall
become of ective upon publication and sha remain
in effec� for six months or until the enact nt of
an ordi nce to rezone all or part of the area bcve
describ d, whichever is sooner.
Passe and adopted this
MAYOR
CITY CLERK
1
i
141CROFIL14ED BY
1 'JORM MICR#LAB I -J
I .JCEDAR RAPIDS DES M014ES I
5
�r
It was moved by and seconded by
t at the Ordinance as read by adopted and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER
DICKSON
EROAH
_ LYN
M NALD
UHAUSER
PERRET
Fi t consideration �rFi.4f8a.
11^61W Amp
n�K
Second c sideration
Vote for assage:
Date published
Re4:elved & Approved
By The Legal Department
v
I o65
i 141CROFILMED BY
--JORM--MICR¢LAB
CEDAR RAPIDS • DES MDIYES I�
f�
JUt� 2119112
ABBIE
CITY CLERK 3, UNT
JAMES DIXON
715 E. College Street
Iowa City, Iowa 52240
Q,111t,,c
22, 1grL
/11n Oi/xoiy & uN<r/la /0<x�i<d
/)reerii79 6eCQ<t.Se O rP/Pr Q/.
r'—
t
1 MICROFILIBYDORM"MBCEDAR RAPIDS NES
1065
ORDINANCE NO. 82-3065
ORDINANCE AMENDING SECTION 8.10.25 OF THE
ZONING CHAPTER OF THE CODE OF ORDINANCES
OF THE CITY OF IOWA CITY, IOWA.
SECTION 1. PURPOSE. The purpose of this amendment
is to prohibit off-street vehicular parking in
locations other than valid parking spaces.
SECTION 2. AMENDMENT. Section 8.10.25 of the
Zoning Chapter is hereby amended by adding the
following new subsection:
I. In all zones, no four-wheel, self-
propelled, motor vehicle, as defined by
Chapter 23 of the Code of Ordinances,
shall be parked off-street except in a
parking space as provided in this chapter
provided, however, that parking shall be
permitted on " a regularly constructed
aisle for a single family or two family
dwelling.
SECTION 3. REPEALER. All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 4. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
ajudication shall not affect the validity of the
s Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
r
SECTION 5. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 22nd day of June, 1982.
y
kT'YOR
ATTEST:
CITY CLERK
Rocelvcd & App;cvM
By Th: Legal Danar,nant
/o6ec
j.
141CROERI4ED RV
I � -JORM MICR4/LA13 1
J
I ' CEDAR RAPIDS •DES 140IAE5
a
s
f�
0
It was moved by Lynch , and seconded by Dickson
that the Ordinance as read be adopted and upon roll call there were.
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
—x— ERDAHL
x LYNCH
— x MCDONALD
—x NEUHAUSER
x PERRET
First consideration xxxxxxxxxxxxxxx
Vote for passage:
Second consideration xxxxxxxxxxxxxxx
Vote for passage:
Date published 6/30/82
Moved by Lynch, seconded by Balmer, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first and second consider-
ation and vote be waived and the ordinance be voted upon_
for final passage at this time. Ayes: McDonald, Neuhauser,
Perret, Balmer, Dickson, Erdahl, Lynch. Nays: None.
/066
MICROFILMED BY
`-"JORMMICRbLA13
CEDAR RAPIDS DES MOINES I ��
•I
1
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ORDINANCE N0. 82-3067
ORDINANCE AMENDING SECTIONS 8.10.3, 8.10.28.C,D,F
AND 8.10.28.H1(a) AND SECTION 8.10.29.A,B OF THE
ZONING ORDINANCE OF THE CODE OF ORDINANCES CONCERN-
ING THE INTERPRETATION OF THE ZONING ORDINANCE.
SECTION 1. PURPOSE. The purpose of this amendment
is to amend the Zoning Ordinance to make the City
Manager or his/her designee the administrative
official responsible for the interpretation of the
Zoning Ordinance.
SECTION 2. AMENDMENT. The Zoning Ordinance of the
Code of Ordinances is hereby amended by the
following:
A. Section 8.10.3 is hereby amended by adding the
following definition:
84. Zoning Code Interpretation Panel
A staff panel designated by the City
Manager to interpret the provisions
of the Zoning Code in such a way as
to carry out its intent and purpose.
The panel may be composed of one
member of the Housing and Inspection
Services Department, one member of
the Department of Planning and
Program Development, and one member
! of the Legal Department. The
concurring vote of all members shall
be necessary to carry out its
business. In the case where a
decision cannot be reached, the City
Manager shall make the 'final
interpretation and issue the panel
report.
B. Section 8.10.28.0 of the Zoning Ordinance is
hereby amended by deleting this section and
replacing it with the following:
Appeals to the Board of Adjustment may be
taken by any person aggrieved or by any
officer, department, board, or bureau of
the City of Iowa City affected by a
decision of the Zoning Code Interpre-
tation Panel or by the City Manager in
the case where the panel cannot reach a
decision. Such appeal shall be taken
within .a reasonable time, and shall be
prescribed as provided by the rules of
WPOFnwen BY
CORM MIC RbLAEI
CEDAR RAI'1 DS DES t40I11JCS
I i
i
/067
r
the Board, a notice specifying the
grounds therefore. The administrative
officer shall forthwith transmit to the
Board, all papers constituting the record
upon which the action appealed from is
taken.
C. Section 8.10.28.0 of the Zoning Ordinance is
hereby amended by deleting this section and
replacing it with the following:
An appeal stays all proceedings in
furtherance of the action appealed from,
unless the City Manager or his/her
designee certifies to the Board after the
notice of appeal shall have been filed
with him, that by reason of facts stated
in the certificate of (a) stay would, in
his opinion, cause imminent peril to life
or property. In such case, proceedings
shall not be stayed otherwise than by
restraining order which may be granted by
the Board, or by a court of record on
application and notice to the City
Manager or his/her designee on good cause
shown.
0. Section 8.10.28.7 of the Zoning Ordinance is
hereby amended by deleting this section and
replacing it.with the following:
The concurring vote of three members of
the Board shall be necessary to reverse
any order, requirement, decision, or
determination of the City Manager or
his/her designee, or to decide in favor
of the applicant on any matter upon which
it is required to pass, or to affect any
variation in this chapter.
E. Section 8.10.28.H1(a) is hereby amended by
deleting this section and replacing it with
the following:
To hear and decide appeals where it is
alleged there is an error in any order,
requirement, decision, determination, or
interpretation made by the Zoning Code
Interpretation Panel or by the City
Manager in the case where the panel
cannot reach a decision in the enforce-
ment of this chapter.
F. Section 8.10.29.A of the Zoning Ordinance is
hereby amended by deleting this section and
replacing it with the following:
/Ob7
141CROEILMED BY
i
-DORM MICR6LAB
CEDAR RAPIDS - DES MOWS
1 �
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It shall be the duty of the City Manager
or his/her designee to enforce this
chapter. It shall also be the duty of
all officers and employees of the City
and especially all members of the Police
Department to assist the City Manager or
his/her designee by reporting to him/her
any new construction, reconstruction,
land uses, or other seeming violations.
G. Section 8.10.29.B is hereby amended by
deleting this section and replacing it with
the following:
Appeals from the decision of the City
Manager or his/her designee may be made
to the Board of Adjustment as provided in
Section 8.10.28.
SECTION 3. REPEALER. All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION 4. SEVERABILITY. If any section,
prev sion or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
ajudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not- adjudged invalid or
j unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall
be in effect after its final passage, approval and
publication as required by law.
Passed and approved this 22nd day of June, 1982.
.. !� .
CITY CLERK
Received a pr.t1'0vv1
By The Legal DepLnim2nt
1"
141CROFIL14ED BY
1 JORM MIC R4SLAB .1 1
� CEDAR RAPIDS DCS t40INES
I
r
It was moved by Erdahl , and seconded by Perret
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
x ERDAHL
x LYNCH
x MCDONALD
x NEUHAUSER
x PERRET
First consideration
Vote for passage:
xxxxxxxxxxxxxx
Second consideration xxxxxxxxxxxxxxx
Vote for passage:
Date published 6/30/82
Moved by Erdahl, seconded by McDonald, that the rule
requiring ordinances to be considered and voted on for
passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the
first and second consideration and vote be waived and
the ordinance be voted upon for final passage at this
time. Ayes: Perret, Balmer, Dickson, Lynch, McDonald,
Neuhauser. Nays: None.
1647
1 �
MICROr ILMED BY
1- JORM MICR16LAB - I
CEDAR RAPIDS • DES MOINES I�
r
ZONING CODE INTERPRETATION COMMITTEE
Purpose:
A standing staff committee designated by the City
Manager to provide consistent interpretations where
the intent of the ordinance is unclear. All
interpretations shall be written and filed with the
City Clerk's office.
Membership:
The Committee shall be composed of one member of the
Housing & Inspection Services Department, one member
of the Department of Planning and Program
Development, and one member of the Legal Department.
Members shall serve at the discretion of the City
Manager.
Powers:
The Committee shall have the following powers:
1. To interpret the provisions of the Zoning Code
in such a way as to carry out its intent and
purpose.
2. To consider possible amendments to the Zoning
Code prior to review by the Planning & Zoning
Commission and the City Council.
Vote Required:
The concurring vote of all members shall be necessary
to carry out its business. In the case where a
decision cannot be reached, the City Manager shall
make the final interpretation.
141CROFILMED BY
1 " JORM MICR#LAB ) �
CEDAR RAPIDS • DES MOINES
1067
\I
��1
City of Iowa City
MEMORANDUM
Date: April 21, 1982
To: City Council
From: Neal 9eilin, City Manager
Re: Interpretation of the Zoning Ordinance
At its meeting on April 15, 1982, the Planning & Zoning Commission
recommended approval of the attached ordinance by a vote of 5-0. The
enclosed amendment is being proposed in order to promote fairness and
consistency in interpretation of the Zoning Ordinance. A Zoning Code
Interpretation Committee is proposed. The purpose and duties are
stated in the enclosed outline. The preparation of written
interpretations and the creation of a permanent file should be
exceedingly beneficial to the public, the Planning & Zoning
Commission and the staff.
Although a zoning ordinance may be well written, interpretations of
exactly what the ordinance says, or what it was intended to say, may
vary, particularly over a period of time when various people are
involved. It is important that the City staff be consistent in the
presentation of the City's position among various cases over time.
That consistency can best be achieved by involving those
departments, who author and enforce the ordinance, in clarifying any
interpretation questions. Therefore, the Committee, as proposed,
will include representatives of the Planning, Legal, and Inspection
Services departments who will be designated to resolve any
interpretation questions at the staff level and submit their
determinations to writing for future reference. The viewpoints
which are brought to bear on any question by each of these
departments should ensure interpretations of the ordinance which are
non -discretionary, equitable, and are consistent with the intent of
the ordinance and with each other over time.
be/sp
1667
MICROFILMED BY
J
�c JORM MICR EILj
,
L J � CEDAR RAPIDS • DES MDI
�I i
i I
i
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CITY CSF IOWA CITY
CHIC CENTER 41 O E. WASHNGTON ST. IOWA CITY, [OW/A52240 (319)356-50-0
June 21, 1982
John Campbell
Iowa City Press -Citizen
319 E. Washington St.
Iowa City, Iowa 52240
Dear John:
I'd like to indicate my displeasure with the remarks attributed to me
in the June 14 Press -Citizen article regarding the construction of
the new sewer plant. I feel I was misquoted with the comments
attributed to me taken out of context of our total conversation.
According to the notes I jotted down during and after our
conversation, the conversation went approximately as follows. You
requested the status of the new sewer plant. I indicated I was the
staff member responsible for land acquisition as per City Council
directives, and that other people on the staff such as Pam Myhre,
Chuck Schmadeke, and Frank Farmer had more detailed information on
the plant and the associated work (new sewer lines, etc.) than I did.
You then asked why the new plant was sized for 13 million gallons per
day flow when the present plant size was 8 million gallons per day.
I indicated that new plant design was based, in part, on population
growth which had been occurring at a rate of about .5% per year for
the last decade. I also said Iowa City only has one "wet -intensive"
industry at present and explained the terminology. You then asked
why a smaller plant had not been considered given that the population
was not growing very quickly. I responded I thought a smaller plant
design might have been considered by Veenstra & Kimm but I wasn't
sure what had happened to consideration of that option. I also said
while a smaller sized plant would cost less to operate in terms of
materials and the like, the Veenstra & Kimm plans had undergone value
engineering studies (I explained the term value engineering) which
had been done by Stanley Consultants. You asked if DEQ would
consider the sizing of the plant as an issue in awarding the
construction grant monies and I replied that 1 did not know. I again
referred you to Frank Farmer for additional information as well as to
Veenstra & Kimm for which I gave a phone number.
To the best of my recollection, this is an accurate representation of
the wording used. The juxtaposition of quotes used in the article
make it appear that I am in opposition to other City staff members
and the City's application to the DEQ. Based on the information
communicated in this phone call, I do not see how that conclusion can
1
Mi CR0(ILI4ED BY
I -DORM MICR6LAEI -{ J
I
�
CEDAR RAPIDS DES I401YE5 .'
I i
/a7V
11,
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M'1
N
John Campbell
Page 2
be reached. In addition, the staff I referred you to were truly the
people who should have contacted for your questions. I recall
several times during our conversation indicating my information was
based on a review that I had done two years ago and that a specific
staff member should be contacted because he/she had more recently
worked with information and was aware of the present status of a
particular item.
I certainly feel no pleasure in writing this letter, but feel that it
is necessary to set the record straight. I hope that future
relations will not be hindered by this misunderstanding.
Sincerely,
Andrea Hauer
Development Coordinator
cc: Neal Berlin
bj/sp
JI4ICROFILMED BY
1" ""DORM MICR46LAB
CEDAR RAPIDS • DES MOIYES IIj
l0 7yr
r
ORDINANCE NO. 82-3066
ORDINANCE AMENDING 524-84 OF THE CODE OF ORDINANCES
OF THE CITY OF IOWA CITY, IOWA.
SECTION 1. PURPOSE. The purpose of this amendment
is to include water ski shows as a type of event
which may be held on the Iowa River pursuant to
application with and authorization from the City
Manager.
SECTION 2. AMENDMENT. Section 24-84 of the Code
of Ordinances is hereby amended to read as follows:
Sec. 24-84. Regattas, races, marine parades,
tournaments, water ski shows, or exhibitions.
The city manager may authorize the holding of
regattas, motorboat or other boat races,
marine parades, tournaments, water ski shows,
or exhibitions on the Iowa River. If a
regatta, motorboat or other boat race, marine
parade, tournament, water ski show, or
exhibition is proposed to be held, the person
in charge, thereof shall file an application
with the city manager for permission to hold
such regatta, motorboat or other boat race,
marine parade, tournament, water ski show, or
exhibition. The application shall set forth
the date, time, and location where it is
proposed to hold such regatta, motorboat or
other boat race, marine parade, tournament,
water ski show, or exhibition and it shall not
be conducted without written authorization of
the city manager.
SECTION 3. REPEALER. All ordinances and parts of
ordinances to conflict with the provision of this
ordinance are hereby repealed.
SECTION 4. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
ajudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
part thereof not adjudged invalid or unconsti-
tutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall
be to effect after its final passage, approval and
publication as required by law.
n ICROPILnEO BY
"DORM MIC RfSLA B
CEDAR RAPIDS DES M014ES I
/677
1
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13
Passed and approved this 22nd day of June, 1982.
-AAAA .I.I C.
M R
1�
ATTEST:
CITY CLERK
It was moved by Balmer , and seconded by McDonald
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
x ERDAHL
x x LYNCH
x MCDONALO
x NEUHAUSER
x PERRET
First consideration xxxxxxxxxxxxxxxxx
Vote for passage:
Second consideration xxxxxxxxxxxxxxxxx
Vote for passage:
Date published 6/26/82
is
Received & Approved
By The Legal De artment
i � L
i
Moved by Balmer, seconded by McDonald, that the rule
requiring ordinances to be considered and voted on for
passage at two Council meetings prior to the meeting
at which it is to be finally passed be suspended, the
first and second consideration and vote be waived and
the ordinance be voted upon for final passage at this
time. Ayes: Dickson, Erdahl, Lynch, McDonald, Neuhauser,
Perret, Balmer. Nays: None.
I
MICROFILMED BY
1 -"JORM MIC R1i1L AB
CEDAR RAPIDS DES I•f01YE5 II
1
�1
,+oY:i7ti.
191.%n IOWA CITi CODI:
Q
(c) No poison shall operate a vessel and enter Into areas
In which search and rescue operations Aro being conducted
unless Authorized by the officer in charge of the search and
resect operation. Any person authorized In an area of opera•
lion shall operate his vessel At it no wake spend And elicit P
keep clear of all other vessels cnapmed In the search and
reveuo operation. ,
M No person shall operate mu• vessel louring persons on
wnle• skis, snrfbom'da, or slmil:u• devices.
(g) No erne• or operator of ally vessel propelled by a
motor of more than six (G) horsepower shall permit any per.
sou tinder twelve (I2) years of age to operate such vessel
except when accompanied by a responsible person of at least
eighteen (18) years of age who Is experienced In motor -
but operation.
(h) No person shall operate tiny watercraft between the
Iowa Avenue Bridge And the Millington Street Dom.
(1) No person shall swim in the Iowa River between the
loan Avera Bridge and the Burlington Street Dam.
(D No person shall wall, Ice skate, fish or otherwise he
upon blue surface of the Ica on the lowA River between the
Iowa Avenue Bridge and lite Millington Street Dam.
(k) No craft or vehicle shall be operated an the surface of
the lea on fawn River between the lona Avenue Bridge and
Lilo Burlington Street Dam. (Code IDGG, 1 7.20.6; Ord. No.
2G28, 17; Ord. No. 73.2680,111, 7.31.79) s Wo,Nr'k:
rl,ewl
Sea 21,81. egallns, races, marine parades, lonranmenle or
esldbilious. '
The city manager may authorize the holding of Beguile',
motorboat or other boat races, marine parades, louruamentsap•*rrl('tde'
n• rrblidlimm an Ibr Imvn (liver. If it meal Ilyj mnlmi,enl Ar
tnnlmsed to he held, the Parsee in cliarim 6"reaf shall filu
An Application with the city mmNOor for permission to hold
such regatta, motorboat or other beat race, murine parade,
1G6tl
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MISCELLANEOUS PROVISIONS 1 24-%1
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touramentAor exhibition. The application shall set forth the
date, time and location where It Is proposal to hold such
regatta potorboat or other boat race, murine parade, tourna.
menta or exhibition and It shall not be conducted without writ.
len Authorization of the city mnnnter. (Credo 1960, 1 7.20.7;
Ord. No. 2623, 1 8)
Sec. TI•S0. Overloading of vessels
No Putman awning or operating a vessel shall permit such
vessel to be occupied by more passengers and crew thin the
registration capacity permits. (Code 1969, 1 7.20.8; Ord.
No. 2628, 1 9)
Sec. 21.80. (tight-of•u'ny rules.
Vessel traffic shall he governed by the following rules:
(1) Passing from rear, keep to the operator's left.
(2) Passing head on, keep to the operator's right.
(3) Passing at right angles, vessel At the right has aha
right-of-way.
(4) Manually propelled vessels have the right-of-way over
all other vessels.
(6) Sallbonts hnva the right-of-way over all motor driven
vessels. klolorboats when meeting or overtaking Anil.
boats, shall always pus on tha leeward side.
(6) Any vessel backing tram a landing has the right-of-
way over incoming vessels.
(7) The commission Is authorized to promadgAto further
rules unit regulations governing vessel traffic. (Cala
1060,17.20.9; Ord. No. 2628, 1 10)
See. 24.87. IleculnHans for buoys.
(b) No other obstruction of any kind shall be maintained
without first receiving permission from the city manager to
maintain such obstruction.
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June 15, 1982
PROPOSED ORDINANCE
An ordinance amending Section 24-84 of the Code of Ordinances, City of Iowa
City, Iowa, authorizing the city -manager to grant permission to hold regattas,
motorboat or other boat races, marine parades, tournaments, water ski.shows or
exhibitions on the Iowa River.
Section 24-84 of the Code of Ordinances, City of. Iowa City, Iowa, is hereby
amended to read as follows:
"Sec. 24-84. Regattas, races, marine parades, tournaments, water
ski shows, or exhibitions.
The city manager may authorize the holding of regattas, motor boat
or other boat races, marine parades, tournaments, water ski shows,
or exhibitions on the Iowa River. If a regatta, motorboat or
other boat race, marine parade, tournament, water ski show, or
exhibition is proposed to be held, the person in charge thereof
shall file an application with.the city manager for permission to
hold such regatta, motor boat or other boat race, marine parade,
tournament, water ski show, or exhibition. The application shall
set forth the date, time, and location where it is proposed to
hold such regatta, motor boat or other boat race, marine parade,
tournament, water ski show, or exhibition and it shall not be
conducted without written authorization of the city manager.
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D
Gw �3 AN ORDINANCE TO AMEND THE CODE OF IOWA CITY
cda BY ESTABLISHING CHAPTER 24.1, NOISE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
The Code of Iowa City be and is hereby amended by adding thereto a new chapter to
be known as Chapter 24.1, entitled, "Noise," as follows:
CHAPTER 24.1, NOISE
SEC. 24.1-1. POLICY, PURPOSE, TITLE AND SCOPE
(a) Statement of Public Policy. The city council finds and declares that:
(1) Excessive noise is a serious hazard to the public health and welfare
and the quality of life in urban society.
(2) A substantial body of science and technology. exists which provides for
substantially reducing excessive noise without serious inconvenience
to the public.
(3) Certain of the noise -producing equipment in the city is essential to
the quality of life therein and should be allowed to continue at
reasonable levels with moderate regulation.
(4) Each person has a right to an environment reasonably free from
disturbing noise or that which jeopardizes health or welfare or
unnecessarily degrades the quality of life.
(5) It is the legislative declaration of the city to promote an environ-
ment free from certain excessive noise, otherwise properly called
"noise pollution", which jeopardizes the health and welfare and
degrades the quality of the lives of the residents of the city,
without unduly prohibiting, limiting or otherwise regulating the
function of certain noise producing equipment which is not amenable to
such controls and yet is essential to the economy and quality of life.
(b) Purpose, Title and Scope.
(1) The purpose of this chapter is to establish standards for the control
of noise pollution in the city by setting maximum permissible sound
levels for various activities and to protect the public health, safety
and general welfare.
(2) This chapter may be cited as the "Noise Control Ordinance" of the City
of Iowa City.
(3) This chapter shall apply to the control of noise producing activities
and objects originating within the limits of the City of Iowa City or
originating from properties lying outside the limits of the City of
Iowa City owned or controlled by the City of Iowa City with a lease or
other similar arrangement, except where either 1) a state or federal
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agency has adopted a different standard or rule than that prescribed
within this chapter and has so preempted the regulation of noise from
a particular source as to render this chapter inapplicable thereto, or
2) the city council has determined that, by reason of public
acceptance of the activity producing a particular noise, such noise is
deemed acceptable to the residents of this city.
Sec. 24.1-2. DEFINITIONS.
Unless otherwise expressly stated or the context clearly indicates a different
intention, the following terms shall have the meanings shown. Definitions of
technical terms used in this subchapter which are not herein defined shall be
obtained from publications of acoustical terminology issued by the American
National Standards Institute (ANSI) or its successor body.
"Ambient sound level". The noise associated with a given environment,
exclusive of a particular noise being tested, being usually a composite of
sounds from many sources near and far, exclusive of intruding noises from
isolated identifiable sources.
"A- weighted sound level". The sound pressure level in decibels as measured on a
sound level meter using the A -weighting network. The level is designated dB(A)
or dBA.
"Barking Dog" ar Bird or Other Animal. A dog, bird or other animal that barks,
bays, cries, howls or emits any other noise continuously and/or incessantly for
a period of ten (10) minutes or barks intermittently for one-half (k) hour or
more and the sound therefrom is plainly audible across a residential real
property boundary or within a noise sensitive area.
"Decibel (d8)". A logarithmic and dimensionless unit of measure used in
describing the amplitude of sound, equal to 20 times the logarithm to the base
10 of the ratio of the pressure of the sound measured to the reference pressure,
which is 20 miscropascals (20 micronewtons per square meter).
"Motorboat". Any vessel which is designed to operate on water and which is
propelled by a motor, including, but not limited to, boats, barges, amphibious
craft, water ski towing devices and hover craft.
"Motor vehicle". Any motor -operated vehicle licensed for use on the public
highway.
"Noise". Any sound which disturbs humans or which causes or tends to cause an
adverse psychological or physiological effect on humans.
"Noise control officer". Any city employee(s) or city law enforcement
officer s), designated by the City Manager as having responsibility for the
enforcement of this chapter.
"Noise disturbance". Any sound of such character, intensity and duration which
endangers or injures the welfare, safety or health of a human being, or annoys
or disturbs a reasonable person of normal sensitivities, or endangers or injures
personal or real property.
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"Noise sensitive activities". Activities which are conducted under conditions
of exceptional quiet including, but not limited to, operation of schools,
libraries open to the public, churches, hospitals and nursing homes.
"Noise sensitive area". Any areas designated in this sub -chapter for the
purpose of ensuring exceptional quiet and clearly posted with "Noise Sensitive
Area" signs.
"Person". The word shall have the meaning prescribed by section 1-2 of the Code
of Iowa City and shall in addition include any officer, employee, department,
agency or instrumentality of the state or any political subdivision of the
state.
"Plainly Audible Noise". Any noise for which the information content of the
noise is transferred to the listener, such as but not limited to understanding
of spoken speech, comprehension of whether a voice is raised or lowered, or
comprehension of musical rhythms.
"Powered model vehicle". Any self-propelled airborne, waterborne, or landborne
model plane, vessel, or vehicle, which is not designed to carry persons,
including, but not limited to, any model airplane, boat, car or rocket.
"Public right-of-way". Any street, avenue, boulevard, highway, sidewalk, or
alley or similar place which is owned or controlled by a governmental entity.
This definition shall also include an area between the traveled portion and the
sidewalk or private property line if no sidewalk exists.
"Public space". Any real property, including any structure thereon, which is
owned or controlled by a governmental entity.
"Real property boundary". An imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one person from
that owned by another person, but not including intra -building real property
divisions.
"Recreational vehicle". Any race car, motorcycle, snowmobile, or any other
motorized vehicle equipped for use in racing or other recreational events or
uses off of public right-of-way on public or private property. For purposes of
this chapter, a motor vehicle or motorized vehicle which is taking part in an
organized racing, endurance, or other coordinated sporting event shall be deemed
a recreational vehicle.
"Residential". Any property on which is located a building or structure used
wholly or partially for living or sleeping purposes.
"Sound". An oscillation in pressure, particle displacement, particle velocity
or other physical parameter, in a medium with internal forces that cause
compression and rarefraction of that medium. The description of sound may
include any characteristic of such sound, including duration, intensity and
frequency.
"Sound level". The weighted sound pressure level obtained by the use of a sound
level meter and frequency weighting network, such as A, B, or C as specified in
American National Standards Institute specifications for sound level meters
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(ANSI 51.4-1971, or the latest approved revision thereof). If the frequency
weighting employed is not indicated, the A -weighting shall apply.
"Sound level meter". An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output or display meter, and weighting
networks used to measure and read sound pressure levels, which when properly
calibrated complies with American National Standards Institute Standard 1.4-
1971 or the latest approved revision thereof.
"Used" or "occupied". For the purpose of this subchapter either word shall be
deemed to include the words "intended, designed, or arranged to be used or
occupied".
Sec. 24.1-3. EXCEPTIONS.
The provisions herein shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the time of
day, the existence of an emergency or the approved testing thereof.
(2) The emission of sound in the performance of emergency work, including snow
removal and maintenance of trees.
(3) Non-commercial public speaking and public assembly activities conducted on
any private property, public space, or public right-of-way.
(4) The unamplified human voice, except those activities specifically
controlled by the provisions of this Chapter.
(5) Agricultural activities, exclusive of those involving the ownership or
possession of animals or birds.
(6) Snowmobiles regulated by chapter 321G, Code of Iowa.
(7) Rail and air transportation and public mass transportation vehicles.
(8) Emergency vehicles such as fire trucks and ambulances.
(9) Non-professional athletic events.
(10) Essential services such as electrical substations and safety devices.
(11) Construction and maintenance activities between 7:00 a.m. and 10:00 p.m.
Maintenance activities shall be non -routine operations, temporary in
nature, and conducted infrequently.
(12) Cement sawing of freshly -poured concrete street, alley, sidewalk, or road
surface. Provided, however, that any person intending to engage in such
activity between 10:00 P.M. and 7:00 A.M. shall first notify the Iowa City
Police Department by telephone or in person that such activity will be
undertaken and the time and location of same.
(13) Unamplified live music, provided, sponsored or funded, in whole or in part,
by a governmental entity.
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Sec. 24.1-4. SPECIFIC ACTIVITIES PROHIBITED.
The following acts, among others, are deemed to be loud, disturbing, unusual,
unreasonable and unnecessary noises in violation of this chapter, but any
enumeration herein shall not be deemed to be exclusive:
(a) Sales by "hawking or barking". No person shall offer for sale or sell
anything by shouting or outcry within any residential area in the city,
except in conjunction with an event which is exempt from the provisions of
this chapter or for which a permit has been issued by the City.
(b) Loading and Unloading. No person shall so load, unload, open, close or
handle boxes, crates, containers, building materials, garbage cans, or
similar objects outdoors between the hours of 10 P.M. and 6 A.M. the
following morning as to create a noise disturbance across a residential
real property boundary or within a noise sensitive area.
(c) Vehicle or Motorboat Repairs and Testing. No person shall repair,
rebuild, modify, or test any motor vehicle, motorcycle, or motorboat either
within a residential zone in such a manner to cause a noise disturbance or
in any other zone in such a manner as to cause a noise disturbance across a
residential real property boundary or outdoors within a noise sensitive
area.
(d) Powered Model Vehicles. No person shall operate or permit the operation of
powered model vehicles in a residential zone, in a public space or within a
noise sensitive area between the hours of 10:00 P.M. and 7:00 A.M. the
following morning.
(e) Sound Trucks and Other Devices. No person shall operate or permit the
operation upon the public streets of a sound truck, or other device for
producing, reproducing or amplifying sounds without a permit.
Sec. 24.1-5. MUSICAL INSTRUMENTS AND SIMILAR DEVICES.
No person shall operate, play or permit the operation or playing of any drum,
musical instrument or similar instrument in such a manner to cause a noise
disturbance or outdoors within a noise sensitive area.
Sec. 24.1-6. REGULATION OF SOUND EQUIPMENT AND SOUND AMPLIFYING EQUIPMENT.
(a) Except for activities open to the public and for which a permit has been
issued by the city, no person shall so operate, play or permit the
operation or playing of any radio, television, phonograph, record player,
tape deck or player, loud speaker, amplifier, or other device for
producing, reproducing or amplifying sounds in any building or upon any
premises, public or private or any other sound producing equipment or
apparatus:
(1) In such manner as to cause a noise disturbance or outdoors within a
noise sensitive zone.
(2) In such manner as to cause a noise disturbance or outdoors within a
noise sensitive zone, when operated in or on a motor vehicle on a
public right-of-way or public space, or in a boat on public waters.
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(b) Sound equipment --permit required. No person shall use, operate or cause
to be used or operated any radio, record player, tape deck or player, loud
speaker, amplifier, sound truck or other device for producing,
reproducing, or amplifying sounds, hereinafter referred to as "sound
equipment", upon the public streets or in any building or upon any
premises, public or private, if the sound therefrom be plainly audible
across a residential real property boundary from any public street or
public place within the city, unless said person:
(1) First obtains a permit in accordance with this section;
(2) Complies with the conditions imposed by the permit, including the
maximum permitted sound level shown therein; and
(3) Complies with all other applicable provisions of this section.
Sound equipment shall not include:
(1) Equipment used for public health and safety purposes;
(2) Church or clock carillons, bells or chimes;
(3) Parades, processions or other public events for which a parade or
other permit has been issued, provided the conditions of the permit
are complied with;
(4) Automobile radios, tape decks or players, or other standard
automobile equipment used and intended for the use and enjoyment of
the occupants, provided the sound emitting therefrom is not plainly
audible for more than 50 feet from the vehicle;
(5) Recorded music used in a non-residential zone in conjunction with a
civil or religious celebration;
(6) Unamplified live music provided, sponsored, or funded, in whole or in
part, by a governmental entity.
(7) Mobile radio or telephone signaling devices.
(8) Car or truck horns or similar devices when used to denote danger or a
warning or possible danger.
(c) Fees. A separate permit shall be required for each type of activity
described below. Permits shall be nontransferable. The permit shall be
conspicuously displayed on or immediately adjacent to the sound eqiupment.
Fees for sound equipment permits shall be established by resolution of the
City Council.
(1) No fee shall be required for any sound equipment permit issued to the
City of Iowa City, State of Iowa, or the Federal government or any
other governmental subdivision or agency.
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(d) Information required. Application for permits required herein shall be
made in writing to the City Clerk, accompanied by the required permit fee
and such information as the City Clerk may require. If the application
contains the required information, is accompanied by the required fee, and
the proposed use complies with the requirements of this subsection, the
City Clerk shall issue the appropriate permit.
(e) Application standards.
(1) Type A per standards. A type A permit may be issued for
sound equipment emitting music or human speech registering not more
than 60 dB(A)'s when measured at the real property boundary of the
private residence nearest the sound equipment and measuring not more
than 100 dB(A)'s at a distance of 50 feet from the sound equipment.
Sound equipment permitted under a type A permit may be used only in
areas of the city zoned for non-residential use and only between the
hours of 9:00 A.M. and 9:00 P.M.
(2) Type B permit --sound trucks --general standards. Sound trucks may be
operated only under a type B permit. A type B permit may be issued for
sound equipment mounted upon a motor vehicle and intended for use upon
city streets provided that the sound equipment emits only music or
human speech registering not more than 80 dB(A)'s when measured at a
distance of 100 feet from the sound equipment. Sound equipment
permitted under a type B permit may be used only in non-residential
areas and only from 9:00 A.M. to 9:00 P.M.
(3) Type C permit--parks--general standards. A type C permit may be used
for sound equipment emitting music or human speech registering not
more than 60 dB(A)'s when measured at the real property boundary of
the private residence nearest the sound equipment and registering not
more than 100 dB(A)'s when measured at a distance of 50 feet from the
sound equipment. Sound equipment permitted under a type C permit may
be used only in public parks owned and operated by the city, or public
grounds owned and operated by another government body, from 10:00 A.M.
to 11:00 P.M. for events authorized and approved by the city or other
body having jurisdiction over the park or public grounds.
(4) Type D permit --public or parochial school ground -general standards.
A type D permit may be issued for sound equipment emitting music or
human speech registering not more than 60 dB(A)'s when measured at the
real property boundary of the residence nearest the sound equipment
and registering not more than 100 dB(A)'s when measured at a distance
of 50 feet from the sound equipment. Sound equipment permitted under
a type D permit may be used only on school grounds, or in conjunction
with a school sponsored activity, from 10:00 A.M. to 11:00 P.M. for
events authorized and approved by the school authorities having
jurisdiction of the grounds.
(f) Commercial advertising --sound equipment prohibi ed. No pld equipment
shall be permitted to be used on public s ree s p
building, or upon any premises if the sound will be plainly audible from
any public street or public place within the city, when any such use is for
commercial advertising purposes, or for the purpose of attracting the
attention of the public to any building or structure for monetary gain.
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Sec. 24.1-7. MOTORIZED VEHICLES.
(a) No person shall operate or cause to be operated the engine providing motive
power, or an auxiliary engine, of a motor vehicle of a weight in excess of
10,000 pounds for a consecutive period longer than 20 minutes while such
vehicle is standing on private property and located within 150 feet of
property zoned and used for residential purposes, except when such vehicle
is standing within a completely enclosed building. This section shall not
apply to delivery or pickup vehicles that require the operation of the
engine to unload or load their vending loads.
(b) No person shall drive or move or cause or knowingly permit to be driven or
moved a motor vehicle or combination of vehicles at any time in such a
manner as to exceed the following noise limits at any time in such a manner
as to exceed the following noise limits for the category of motor vehicle
shown below. Noise shall be measured at a distance of at least 25 feet (7.5
meters) from the near side of the nearest lane(s) being monitored and at a
height of at least 4 feet (1.2 meters) above the immediate surface. Table
1 provides corrections to observed noise levels at distances of less than
50 feet.
Sound Pressure Level, dB(A)
Speed limit Speed limit
40 MPH or less over 40 MPH
Motor vehicles with a manufacturers
gross vehicle weight rating (GVWR)
or gross combination weight rating 90 94
(GCWR) of 10,000 pounds or more, or
any combination of vehicles towed
by such motor vehicle.
Any other motor vehicle or any
combination of vehicles towed by 80 84
any motor vehicle.
Any motorcycle. 82 86
This section applies to the total noise from a vehicle or combination of
vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this code relating to motor vehicle
mufflers for noise control.
(c) The measurement of sound or noise shall be made with a sound level meter
meeting the standards prescribed by the American Standards Association.
The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response
specification. A calibration check shall be made of the system at the time
of any noise measurement. Measurements recorded shall be taken so as to
provide a proper representation of the noise source. The microphone during
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measurement shall be positioned as not to create any unnatural enhancement
or diminution of the measured noise. A windscreen for the microphone shall
be used when required. Traffic, aircraft and other transportation noise
sources and other background noises shall not be considered in taking
measurements except where such background noise interferes with the
primary noise being made.
(d) No person shall modify the exhaust system of a motor vehicle or motorcycle
by installation of a muffler cut-out, by-pass or other similar device and
no person shall operate a motor vehicle or motorcycle which has been so
modified. A motor vehicle so operated shall be deemed equipped with a
muffler which emits excessive and unusual noise and which is not in good
working order.
(e) 1) No person shall operate a recreational vehicle or permit the operation
of one or more recreational vehicles, individually or in a group or in
an organized racing event, on public or private property in such a
manner that the sound level resulting from such operation exceeds 73
dBA for a total of three minutes in any continuous one hour period or
exceeds 90 dBA for any period of time during such operation. Sound
levels which exceed the limits herein described at the real property
boundary of the receiving land use shall be deemed a noise
disturbance.
2) No person shall conduct or permit the conduct of any part of an
organized racing event which involves a contest between or among
recreational vehicles on public or private property between the hours
of 9:00 P.M. and 9:00 A.M. the following morning.
Sec. 24.1-8. ANIMALS.
(a) No person shall own, possess or harbor any barking or noisy dog, bird or
other animal regardless of whether the dog, bird or other animal is
physically situated in or upon private property. However, the dog, bird or
other animal shall not be deemed a barking dog or noisy animal if, at the
time the dog, bird or other animal is barking or making any other noise, a
person is trespassing or threatening to trespass upon private property in
or upon which the dog, bird or other animal is situated or taking any other
action which would tease or provoke the dog, bird or other animal to bark
or otherwise be noisy.
Sec. 24.1-9. COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS.
(a) No person shall permit noise from any commercial or industrial use, as
defined in the zoning ordinance, to exceed the sound levels specified in
table 2, except that the decibel levels specified shall be reduced by 5
decibels at the boundary line of a zone designated as residential in the
zoning ordinance between the hours of 7:00 p.m. and 7:00 a.m.; and at the
boundary line of a school located in a noise sensitive area between the
hours of 8:00 a.m, and 4:00 p.m. when the school is in session.
For the purpose of measuring the intensity and frequency of sound, the
sound level meter, the octave band analyzer and the impact noise analyzer
shall be employed.
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The flat network and the fast meter response of the sound level meter shall
be used. Sounds of very short duration, as from forge hammers, punch
presses, and metal shears which cannot be measured accurately with the
sound level meter, shall be measured with the impact noise analyzer.
Octave band analyzers calibrated in the Preferred Frequencies (United
State of America Standard S1 6-1967, Preferred Frequencies for Acoustical
Measurements) shall be used in the table headed 'Octave Band, Preferred
Frequencies." Octave band analyzers calibrated with the pre -1960 octave
bands (United States of America Standards Z24 10-1953, Octave Band Filler
Set) shall be used with the tables headed "Octave Band, Pre -1960."
Sec. 24.1-10. POWERS AND DUTIES OF THE NOISE CONTROL OFFICER.
(a) The noise control program established by this chapter shall be implemented,
administered, and enforced by the noise control officer who shall be that
person or persons, designated by the City Manager.
(b) To implement and enforce this chapter the noise control officer shall have
the additional power to:
(1) Conduct research, monitoring, and other studies related to sound.
(2) Conduct programs of public education regarding the causes, and
effects of sound or noise and general methods of abatement and control
of noise, as well as the actions prohibited by this chapter and the
procedures for reporting violations.
(3) Coordinate the noise control activities of all municipal departments.
(4) Review public and private projects, including those subject to
mandatory review or approval by other departments, for compliance
with this chapter, if these projects are likely to cause sound in
violation of this chapter.
(5) Upon presentation of proper credentials, enter and inspect any
private property or place, and inspect any report or records at any
reasonable time when granted permission by the owner, by some other
person with apparent authority to act for the owner, or a tenant of
the premises. If consent to inspect is withheld by any person or
persons having the lawful right to exclude, the officer may apply to a
magistrate of the Iowa District Court in and for Johnson County for a
search warrant of the building. No owner or occupant or any other
person having charge, care or control of any structure or premises
shall fail or neglect, after presentation of a search warrant, to
properly permit entry therein by the officer for the purpose of
inspection and examination pursuant to the provisions herein.
(6) Issue sound variances pursuant to the provisions of this chapter.
(7) Prepare recommendations for consideration by the city council, after
publication of notice and public hearing, for establishing the
boundaries of noise sensitive areas.
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ORDINANCE NO. 82-3068
Page 11
(8) Designate any area for the purpose of ensuring exceptional quiet and
to be clearly posted with "Noise Sensitive Area" signs because of the
noise sensitive activities conducted therein. These areas may
include, but are not limited to schools, libraries, churches,
hospitals and nursing homes.
(9) Authorize the capture and impoundment of any dog, bird or other when
the noise made by the animal cannot be reasonably controlled by the
owner or other person on whose property the animal is located.
(10) Require certification by a registered engineer or other qualified
person that the performance standards for a proposed use can be met.
Sec. 24.1-11. DEPARTMENTAL ACTIONS.
All departments and agencies of the city shall carry out their programs so as to
further the policy of this chapter.
Sec. 24.1-12. SOUND VARIANCES.
(a) The noise control officer shall have the authority consistent with this
section, to grant sound variances from the requirements of this chapter.
(b) Any person seeking a sound variance under this section shall file an
application with the City Clerk. The application shall contain information
which demonstrates that bringing the source of sound or activity for which
the sound variance is sought into compliance with this subchapter would
constitute an unreasonable hardship on the applicant, on the community, or
on other persons. The application shall be accompanied by a fee in the
amount established by the City Council by resolution. The fee shall not be
refundable.
(c) In determining whether to grant, deny, or revoke the application the noise
control officer shall balance the hardship to the applicant, the community,
and other persons of not allowing the sound variance against the adverse
impact on the health, safety and welfare of persons affected, the adverse
impact on property affected, and any other adverse impacts of allowing the
sound variance. Applicants for sound variances and persons contesting
sound variances may be required to submit any information as may reasonably
be required. Applicants are required to give notice by certified mail to:
(1) the occupants of surrounding single or two family residences located
in an area that includes the next two homes in any direction, or those
within 100 feet of the noise source, whichever is less; or
(2) the owner or manager of multiple family residences, including hotels,
within such area.
In granting or denying an application or in revoking a sound variance
previously granted, the noise control officer shall place on public file a
copy of the decision and the reasons for granting, denying or revoking the
sound variance.
P os
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ORDINANCE NO. 82-3C
Page 12
(d) Sound variances shall be granted by notice to the applicant containing all
necessary conditions, including a time limit on the permitted activity.
The sound variance shall not become effective until all conditions are
agreed to in writing by the applicant and placed on file with the Noise
Control Officer. Noncompliance with any condition of the sound variance
shall terminate it and subject the person holding it to those provisions of
this subchapter regulating the source of sound or activity for which the
sound variance was granted. Termination for non-compliance shall be made
in accordance with Section 2-188, Emergency Orders, of this Code.
Sec. 24.1-13. EFFECTIVE DATE.
This ordinance shall be in effect upon its passage, approval and publication in
accordance with law.
Sec. 24-1.14. SEVERABILITY OF PROVISIONS.
Each section, and any and all provisions of this ordinance, is independent of
every other section and any and all provisions, and the invalidity of any
thereof, shall not invalidate any other section or provision.
Sec. 24-1.15. REPEALER.
All ordinances or parts of ordinances in conflict with this ordinance hereby are
repealed, with the exception of Sections 5-35(7), 9 1-7(d), 23-137, and 24-48 of
this Code.
Sec. 24.1-16. PENALTY.
(a) Any violation of the provisions of this ordinance shall be a misdemeanor
subject to the penalties of Section 1-9 of this Code.
(b) Each instance of violation of any of the provisions of this Ordinance shall
constitute a separate offense.
Sec. 24.1-17. ADDITIONAL REMEDIES.
Any violation of the provisions of this ordinance is deemed and declared to be a
nuisance, and as such may be subject to summary abatement by means of a
restraining order or injunction issued by the District Court.
Passed and approved this 22nd day of June, 1982.
yMAYO� R��
ATTEST: 7 �-
CITY CLERK
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CEDAR RAPIDS DES MOINES A
a-*
It was moved by Dickson , and seconded by Perret
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
x DICKSON
x ERDAHL
x LYNCH
x MCDONALD
x NEUHAUSER
x PERRET
First consideration xxxxxxxxxxxxxxx
Vote for passage:
Second consideration xxxxxxxxxxxxxxx
Vote for passage:
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Date published 6/30/82
Moved by Dickson, seconded by Perret, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first and second consideration
and vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Balmer, Dickson, Lynch, McDonald,
Neuhauser, Perret. Nays: Erdahl.
I
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Reealved ; Approved
By The Legal DepaAmonf
a� s-ly-YL
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TABLE 1
(Corrections to observed noise levels for distances less than 50 feet)
DISTANCE MEASUREMENT IN FEET CORRECTION TO LEVELS
CIB(A)
i
More than Up to
45 ft. 50 ft. -0-
f
i
41 ft. 45 ft. +1
f 37 ft. 41 ft. +2
I
33 ft. 37 ft. +3
i
1
30 ft. 33 ft. +4
27 ft. 30 ft. +5
25 ft. 27 ft. +6
Iles
MICRDFIUdED BY
1
DORM MIC RbL�1 B��
w ~ I+ CEDAR RAPIDS • DES MDInES
r
Type of Analyzer
Octave Band
Preferred Freq.
(cycles/Se
c. Impact
31.5
63
125
250
500
1000
2000
4000
8000
Overall Peak
i
i,
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I
TABLE 2
Maximum Permitted Sound Levels, dB (Re: 0.0002 Microbar)
In M-1 and M-2 Zones
In C Zones and ORP Zone Measured at
Measured at R Zone Boundary, C Zone
Recreational Area, or ORP Zone
R Zone Boundary, Boundary
Recreational Area, Adjacent Lot oror Sch�Ara*
or School Area* 83
83 76 78
76 78 71 72
71 72 65 64
65 64 57 57
57 57 50 51
50 51 45 46
45 46 39 41
39 34 41 32 38
32 38
80 86
80 86
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City of Iowa Cit'V
MEMORANDUM
Date: June 17, 1982
To: City Council
From: Cit})anager
Re: Noise Ordinance
I. Table 2 - Maximum Permitted Sound Levels
A revised Table 2 is enclosed. The revision deletes an outdated
measurement procedure.
2. Grace Period
The City Council previously decided that a.30 -day grace period was
adequate. Staff comment based on discussion with other communities
suggests that a noise ordinance requires an extended period of time
to educate the community about noise and the objectives of the noise
ordinance. Therefore, an alternative would be to enforce the
ordinance provisions relating to dogs and loud parties after 30 days
and have a 90 -day grace period for all other provisions.
3. Section 24.1-6 - Sound Equipment - _Plainly Audible
There has been some interest in amending this provision to eliminate
the "plainly audible" wording and substitute the same language used
for Section 24.1-5, i.e., " ..in such a manner to cause a noise
disturbance or outdoors within a noise sensitive area."
The "plainly audible" provision is used in some model ordinances. If
this provision is amended, the City probably would generally use the
"keeping disorderly house" provision to regulate loud parties.
4. Home Town Dairy - Refrigeration Exemption
The manager discussed this issue with a representative of Home Town
Dairy who indicated:
1) Home Town Dairy is continuing discussions with neighborhood
representatives.
2) An evaporate condenser is being screened for noise control.
3) Certain operating procedures for refrigeration units are being
modified. This includes placing units elsewhere on the
property and some rewiring of electric service so that the
direction of the units is changed.
bdw4/6
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.. The University of lows
Ci:/. low,, 62242
Vice President for Finance
and University Services
June 18, 1982
Mr. Neal Berlin
City Manager
City of Iowa City
410 Gast Washington
Iowa City, IA 52240
Dear Neal:
1
m+e
In response to your request, we have reviewed the provisions of
the "noise ordinance" proposed to be enacted by the City Council of
the City of Iowa City. It appears that the ordinance, if enacted,
would not pose major difficulties forthe University.
As I mentioned to you on the telephone, two provisions are
somewhat ambiguous and could conceivably be interpreted to forbid
band practices and public speaking activities. Specifically,
Section 24.1-5 prohibits the playing of "any drum, musical instru-
ment or similar instrument in such as a manner as to cause a noise
disturbance or outdoors within a noise sensitive area." Noise dis-
turbance is defined in Section 24.1-2 as "any sound of such character,
intensity and duration which endangers or injures the welfare,
safety or health of a human being, or annoys or disturbs a reasonable
person of normal sensitivities, or endangers or injures personal or
real property." It seems conceivable that the outdoor practices of
the University's marching band might be viewed by some as a violation
of Section 24.1-5. Should the City wish to exempt band practice
from the provisions of the statute this could be accomplished by
amending Section 24.1-3 of the ordinance entitled "exceptions." A
new provision of that section might be added:
(12) Unamplified live music, provided, sponsored, or
funded, in whole or in part, by a governmental entity.
By making this addition to Section 24.1-3, it would be clearer that
the noise ordinance did not apply to band practices.
The second potentia]. problem arises in Section 24.1-6, "regula-
tion of sound equipment and sound amplifying equipment." This
provision governs the issuance of sound permits to operate sound
equipment. Sound equipment includes loudspeakers and amplifiers,
and the prohibition on un -permitted use of sound equipment includes
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Mr. Neal Berlin
June 18, 1982
Page 2
use "in such a manner as to create sound therefrom which is plainly
audible across a residential real property boundary or on any public
street or property." It is possible to read the ordinance to require
public speakers on the Pentacrest, who are permitted under some
circumstances to use loudspeakers, to obtain sound permits from the
City of Iowa City prior to engaging in their public speaking
activities. I believe that the best way to avoid this problem is to
amend a provision of Section 24.1-3 (the exceptions provision).
That section currently reads, in pertinent part:
The provisions herein shall not apply to: . . . (3) non-
commercial public speaking and public assembly activities
conducted on any private property, public space, or public
right-of-way, except those activities specifically controlled
by the provisions of this chapter.
I believe that the deletion of words "except those activities
specifically controlled by the provisions of this chapter" will
eliminate the problem, and will not impair the effectiveness of the
ordinance.
Please feel free to contact me if I can be of any further
assistance.
Sincer ly,
Case Mahon
�Associ to Vice President
Jr
14]CROFILIIED BY
"-JORM "MICR#LAO 1
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f�
Type of Analyzer
Octave Band
Preferred 'req.
(Cycles/Sec.) Impact Noise
31.5
63
125
250
500
1000
2000
4000
8000
Overall Peak
!L
TABLE 2
Maximum Permitted Sound Levels, dB (Re: .002 Microbar)
In C Zones and ORP Zone In M-1 and M-2 Zones
Measured at Measured at
R Zone Boundary, R Zone Boundary, C Zone
Recreational Area, Recreational Area, or ORP Zone
or School Area* Adjacent Lot or School Area* Boundary
76 83 76 83
71 78 71 78
65 72 65 72
57 64 57 64
50 57 50 57
45 51 45 51
39 46 39 46
34 ' 41 34 41
32 38 32 38
i,
80 86 80 86
141CROFIL14ED BY
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CEDAR RAPIDS DES MOINES I
ORDINANCE NO.
AN ORDINANCE TO AMEND THE CODE OF IOWA CITY
BY ESTABLISHING CHAPTER 24.1, NOISE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY; IOWA:
The Code of Iow City be and is hereby amended by add' g thereto a new chapter to
be known as Cha ter 24.1, entitled, "Noise," as fol ows:
CHAPTER 24. 1, NOI E
SEC. 24.1-1. POLI Y, PURPOSE, TITLE AND SCOP
(a) Statement of Pu lic Polic . The city council finds and declares that:
(1) Excessive not a is a serious azard to the public health and welfare
and the qualit of life in u an society.
(2) A substantial bod of sci ce and technology exists which provides for
substantially redu ing cessive noise without serious inconvenience
to the public.
(3) Certain of the noise- ducing equipment in the city is essential to
the quality of lif th ein and should be allowed to continue at
reasonable levels w' h mo rate regulation.
(4) Each person has right t an environment reasonably free from
disturbing noise or that wh'ch jeopardizes health or welfare or
unnecessarily de rades the qual ty of life.
I
(5) It is the legis ative declaration f the city to promote an environ-
ment free fro certain excessive oise, otherwise properly called
"noise pollu on", which jeopardiz s the health and welfare and
degrades the quality of the lives f the residents of the city,
without and y prohibiting, limiting or otherwise regulating the
function of ertain noise producing equi ent which is not amenable to
such contro s and yet is essential to the conomy and quality of life.
(b) Purpose, Title And Scope.
(1) The purpo a of this chapter is to establish\max'mum
s for the control
of noise pollution in the city by setting ermissible sound
levelsf rvarious activities and to protectic health, safety
and gene al welfare.
(2) This chapter may be cited as the "Noise Contpuce" of the City
of Iowa City. \
(3) This chapter shall apply to the control of noise producing activities
and objects originating within the limits of the City of Iowa City or
originating from properties lying outside the limits of the City of
Iowa City owned or controlled by the City of Iowa City with a lease or
other similar arrangement, except where either 1) a state or federal
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ORDINANCE NO.
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agency has adopted a different standard or rule than that prescribed
within this chapter and has so preempted the regulation of noise from
a particular source as to render this chapter inapplicable thereto, or
2) the city council has determined that, by reason of public
acceptance of the activity producing a particular noise, such noise is
deemed acceptable to the residents of this city.
Sec. 24.1-2. DEFINITIONS.
Unless otherwise expressly stated or the context clearly(Ad'
d'Cates a different
intention, the following terms shall have the meanings own. Definitions of
technical terms used in this subchapter which are no herein defined shall be
obtained from publications of acoustical terminolo issued by the American
National Standard Institute (ANSI) or its successor ody.
"Ambient sound leve ". The noise associated with a given environment,
exclusive of a parte ular noise being tested being usually a composite of
sounds from many sou es near and far, exc usive of intruding noises from
isolated identifiable so ces.
"A -weighted sound level".sound press a level in decibels as measured on a
sound level meter using the A- ighting t.Ork. The level is designated dB(A)
or dBA.
"Barking Dog" or Bird or Other Anima A dog, bird or other animal that barks,
bays, cries, howls or emits any othe ise continuously and/or incessantly for
a period of ten (10) minutes or bar s i ermittently for one-half (h) hour or
more and the sound therefrom is lain audible across a residential real
property boundary or within a nois sensitive rea.
"Decibel (dB)". A logarithmic and dimension ess unit of measure used in
describing the amplitude of sou d, equal to 20 t es the logarithm to the base
10 of the ratio of the pressur of the sound measur to the reference pressure,
which is 20 miscropascals (20 icronewtons per square eter).
"Motorboat". Any vessel wh ch is designed to operat on water and which is
propelled by a motor, inclu in, but not limited to, bo s, barges, amphibious
craft, water ski towing dlces and hover craft.
"Motor vehicle". Any mo -operated vehicle licensed for se on the public
highway.
"Noise". Any sound whico disturbs humans or which causes or ten s to cause an
adverse psychological or physiological effect on humans.
"Noise control officer".� Any city employee(s) or city law enTorcement
officer(s), designated by the City Manager as having responsibility for the
enforcement of this chapter.
"Noise disturbance". Any sound of such character, intensity and duration which
endangers or injures the welfare, safety or health of a human being, or annoys
or disturbs a reasonable person of normal sensitivities, or endangers or injures
personal or real property.
MICROFILMED BY
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ORDINANCE NO.
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"Noise sensitive activities". Activities which are conducted under conditions
of exceptional quiet including, but not limited to, operation of schools,
libraries open to the public, churches, hospitals and nursing homes.
"Noise sensitive area". Any areas designated in this sub -chapter for the
purpose of ensuring exceptional quiet and clearly posted with "Noise Sensitive
Area" signs.
"Person". The word shall have the meaning prescribed by sec ion 1-2 of the Code
of Iowa City and shall in addition include any officer, ployee, department,
agency or instrumentality of the state or any polit' al subdivision of the
state.
"Plainly AudibleoA". Any noise for which the information content of the
noise is transfer d to the listener, such as bu not limited to understanding
of spoken speech, omprehension of whether a ice is raised or lowered, or
comprehension of mus al rhythms.
"Powered model vehicle Any self-propelled irborne, waterborne, or landborne
model plane, vessel, o vehicle, which not designed to carry persons,
including, but not limite to, any model ai lane, boat, car or rocket.
"Public right-of-way". Any street, ave ue, boulevard, highway, sidewalk, or
alley or similar place which is owned r controlled by a governmental entity.
This definition shall also int ude an rea between the traveled portion and the
sidewalk or private property lin if n sidewalk exists.
"Public space". Any real p
owned or controlled by a govt
"Real property boundary". An
vertical extension, which sep
that owned by another person,
divisions.
including any structure thereon, which is
entity.
navy line along the ground surface, and its
the\real property owned by one person from r
not cluding intra -building real property
"Recreational vehicle". Any race car, mot rcycle, snowmobile, or any other
motorized vehicle equipped or use in ratio or other recreational events or
uses off of public right-or/way on public or ivate property. For purposes of
this chapter, a motor vehle or motorized veh'cle which is taking part in an
organized racing, endurant , or other coordinate sporting event shall be deemed
a recreational vehicle.
"Residential". Any pro erty on which is located a building or structure used
wholly or partially for living or sleeping purposes.
"Sound". An oscilla on in pressure, particle displac ent, particle velocity
or other physical arameter, in a medium with int_ an
forces that cause
compression and ra efraction of that medium. The deiption of sound may
include any chars eristic of such sound, including dur ion, intensity and
frequency.
"Sound level". The weighted sound pressure level obtained by th'p, use of a sound
level meter and frequency weighting network, such as A, 8, or C as specified in
American National Standards Institute specifications for sound level meters
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ORDINANCE NO.
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(ANSI 51.4-1971, or the latest approved revision thereof). If the frequency
weighting employed is not indicated, the A -weighting shall apply.
"Sound level meter". An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager'output or display meter, and weighting
networks used to measure and read sound pressure levels, which when properly
calibrated complies with American National Standards Institute Standard 1.4-
1971 or the latest approved revision thereof.
Dli
occupied".
Sec. 24.1-3. EXC PI
The provisions here'
(1) The emission o
day, the existe
For the purpose of this subchapter either word shall be
words "intended, designed, or arranged to be used or
n shall not apply to:
n
ound for the purpose
of an emergency or tf
(2) The emission of sod in the per
removal and maintena ce of trees.
(3) Non-commercial public
any private property,
activities specifically
(4) The- unamplified human
controlled by the provis
(5) Agricultural activities
Possession of animals or
(6) Snowmobiles regulated by
(7) Rail and air transporta ion and public
(B) Emergency vehicles su as fire trucks
(9) Non-professional ath etic events.
(10) Essential services uch as electrical s
f alerting persons to the time of
approved testing thereof.
Of emergency work, including snow
:ing an public assembly activities conducted on
is sp ce, or public right-of-way, except those
troll d by the provisions of this Chapter.
, except those activities specifically
this Chapter.
of those involving the ownership or
, Code of Iowa.
mass transportation vehicles.
ambulances.
(11) Construction and aintenance activities bet e
Maintenance act, ities shall be nonroutine
nature, and cond cted infrequently.
Sec. 24.1-4. SPECIE C ACTIVITIES PROHIBITED.
and safety devices.
7:00 a.m. and 10:00 p.m.
Aerations, temporary in
The following acts] among others, are deemed to be loud, disturbing, unusual,
unreasonable and unnecessary noises in violation of this chapter, but any
enumeration herein shall not be deemed to be exclusive:
//Os
141CRDEILMED BY
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PROPOSED NOISE ORDINANCE AMENDMENTS - JUNE 8, 1982
Page 4
Section 24.1- EXCEPTIONS
(12) Cement sa ing of freshly -poured concrete street, alley, sidewalk,
or road sur ce. Provided, however, that any person intending to
engage in such ctivity between 10:00 P.M. and 7:00 A.M. shall first
notify the Iowa City Police Department by telephone or in person
that such activity ill be undertaken and the time and location of
same.
Page 8
Section 24.1-7 MOTORIZED V CLES
(a) Delete last sentence ani/sub it e e
This section shall not/ /apply delive
require the operation/of t engin to
loads or to vehicle � pr iding re rig
other food products.
sentence which reads:
d�or pickup vehicles that
nload or load their vending
tion required for milk or
MICROFILMED BY
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TABLE I
(Corrections to observed noise levels for distances less than 50 feet)
DISTANCE MEASUREMENT IN FEET CORRECTION TO LEVELS
HP(A)
More t
45 ft.
41 ft.
37 ft.
33 ft.
30 ft.
27 ft.
25 ft.
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CEDAR RAPIDS DES MOINES II
//Ds
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TABLE 2
Maximum Permitted Sound Levels, dB (Re: .002 Microbar)
In C Zones and ORP Zone In M-1and
M-2
2ed aZones
Type of Analyzer
Measured at
R Zone Boundary, R Zone Boundary, C Zone
Octave Band Octave Band Recreational Area, Recreational Area, or ORP Zone
Pre -1960 Preferred Freq.
Cycles/Sec.) (Cycles/Sec.) Impact Noise or School Area* Ad'ac Lot or School Area* Bounder
72 79
20- 7 67 74 67 74 -
75- 150 59 66 59 66
150- 300 52 59 52 59
f 300- 60053 46 53
600-1200 46 47 40 47
1200-2400 40 41 34 41
2400-480039 32 39
Above 4800
31.5 76 78 76 83
71 78
' 63 71 2 65 72
125 65 6 57 64
250 57 57\ 50 57
500 50 51 45 51
1000 45 46 �. 39 46
2000 39 41 34 41
4000 32 39 32 38
8000
verall Peak 80 86 80 86 '
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ORDINANCE NO.
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(a) Sales by "hawking or barking". No person shall offer for sale or sell
anything by shouting or outcry within any residential area in the city,
except in conjunction with an event which is exempt from the provisions of
this chapter or for which a permit has been issued by the City.
(b)Loading and Unloading. No person shall so load, unload, open, close or
handle boxes, crates, containers, building materials, garbage cans, or
similar objects outdoors between the hours of 10 P.M. and 6 A.M. the
following morning as to create a noise disturbance across a residential
real property boundary or within a noise sensitive area.
(c) Vehicle Qr Motorboat Repairs and Testing. No person shall repair,
rebuild, m ify, or test any motor vehicle, mo rcycle, or motorboat either
within a re 'dential zone in such a manner cause a noise disturbance or
in any other ne in such a manner as to ca sea noise disturbance across a
residential re property boundary oro doors within a noise sensitive
area.
(d) Powered Model Vehic s. No person sh 1 operate or permit the operation of
powered model vehicle\Dev*ces.
resident'al zone, in a public space or within a
noise sensitive areaen the ours of 10:00 P.M. and 7:00 A.M. the
following morning.
(e) Sound Trucks and OtheNo person shall operate or permit the
operation upon the public r is of a sound truck, or other device for
producing, reproducing or amp fying sounds without a permit.
Sec. 24.1-5. MUSICAL I/ENTS A\other
LAR DEVICES.
No person shall operatr pthe operation or playing of any drum,
musical instrument or inst in such a manner to cause a noise
disturbance or outdoors a noiitive area.Sec. 24.1-6. REGULATIONND EQT A D SOUND AMPLIFYING EQUIPMENT.
(a) Except for activiten toublic and for which a permit has been
issued by the cipersall so operate, play or permit the
operation or playiny raelevisi n, phonograph, record player,
tape deck or plaoud r, ampl ier, or other device for
producing, reprodq ampg sounds any building or upon any
premises, public or private other so d producing equipment or
apparatus:
(1) In such ma ner as to create sound therefrom w ich is plainly audible
across a r sidential real property boundary or any public street or
property.
(2) In such anner as to create a sound therefrom which 's plainly audible
50 feet from the device, when operated in or on a m for vehicle on a
public ight-of-way or public space, or in a boat on public waters.
(b) Sound equipment --permit required. No person shall use, operate or cause
to be used or operated any radio, record player, tape deck or player, loud
MICROFILMED RY
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ORDINANCE NO.
Page 5
(a) Sales by "hawking or barking". No person shall offer for sale or sell
anything by shouting or outcry within any residential area in the city,
except in conjunction with an event which is exempt from the provisions of
this chapter or for which a permit has been issued by the City.
(b) Loadi.pg and Unloading. No person shall so load, unload, open, close or
handl@ boxes, crates, containers, building materials, garbage cans, or
similar\ objects outdoors between the hours of 10 P.M. and 6 A.M. the
following morning as to create a noise disturbance across a residential
real prope ty boundary or within a noise sensitive area.
(c) Vehicle or M orboat Re airs and Testin IJo�erson shall repair,
rebuild, modif or test any motor vehicle, motorcycle, or motorboat either
within a reside tial zone in such a manner i� cause a noise disturbance or
in any other zon in such a manner as to c dse a noise disturbance across a
residential real roperty boundary or o tdoors within a noise sensitive
area.
(d) Powered Model Vehicl . No person s all operate or permit the operation of
powered model vehicle in a reside ial zone, in a public space or within a
noise sensitive area tween th hours of 10:00 P.M. and 7:00 A.M. the
following morning.
(e) Sound Trucks and Other Devic No person shall operate or permit the
operation upon the public reets of a sound truck, or other device for
producing, reproducing or p Hying sounds without a permit.
Sec. 24.1-5. MUSICAL INSTRUM TS AND MILAR DEVICES.
No person shall operate, ay or permit operation or playing of any drum,
musical instrument or sim' ar device which pr, ces sound in such a manner as to
be plainly audible acro s a residential real �perty boundary or outdoors
within a noise sensitiv area.
Sec. 24.1-6. REGULATI N OF SOUND EQUIPMENT AND SOUND AM LIFYING EQUIPMENT.
(a) Except for act vities open to the public and for which a permit has been
issued by the city, no person shall so operate, la or
operation or Qlaying of any radio, television, phonogra h, record playerermit ,
tape deck or player, loud speaker, amplifier, or o her device for
produci
ng e premises, cl
ublicdornpriovateporf any others sound in nproducidnggor mr
equipment o
apparatus://
(1) In Ouch manner as to create sound therefrom which is plainly audible
across a residential real property boundary or on any public street or
property.
(2) In such manner as to create a sound therefrom which is plainly audible
50 feet from the device, when operated in or on a motor vehicle on a
public right-of-way or public space, or in a boat on public waters.
(b) Sound equipment --permit required. No person shall use, operate or cause
to be used or operated any radio, record player, tape deck or player, loud
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speaker, amplifier, sound truck or other device for producing,
reproducing, or amplifying sounds, hereinafter referred to as "sound
equipment", upon the public streets or in any building or upon any
premises, public or private, if the sound therefrom be plainly audible
across a residential real property boundary from any public street or
public place within the city, unless said person:
(1) First obtains a permit in accordance with this section;
(2) Comp es with the conditions imposed by the permit, including the
maximupermitted sound level shown therein; and
(3) CompliesVO
all other applicable provisions of this section.
Sound equipmell not include:
(1) Equipmenfor public health ands fety purposes;
(2) Church ok rillons, bells or himes;
(3) Parades,ssio s or other ublic events for which a parade or
other peas be n issued, rovided the conditions of the permit
are compith;
(4) Automobidios, to a decks or players, or other standard
automobiipment use and intended for the use and enjoyment of
the occuprovided sound emitting therefrom is not plainly
audible fe than 50 fee from the vehicle;
(5) Recorded music used - a non\ehen
ential zone in conjunction with a
civil or religious c ebration
(6) Unamplified live m sic providensored, or funded, in whole or in
part, by a govern ntal entity.
(7) Mobile radio or e1ephone signavices.
(8) Car or truck orns or similar s when used to denote danger or a
warning or po sible danger.
(c) Fees. A separa a permit shall bire for each type of activity
described belowPermits shall beansf rable. The permit shall be
conspicuously isplayed on or immedadja ent to the sound eqiupment.
Fees for soun equipment permits shestab ished by resolution of the
City Council(1) No fee shall be required for and equipm t permit issued to the
City of Iowa City, State of Ir the Fed al government or any
other governmental subdivision ncy.
(d) Information required. Application for permits required herein shall be
made in writing to the City Clerk, accompanied by the required permit fee
and such information as the City Clerk may require. If the application
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contains the required information, is accompanied by the required fee, and
the proposed use complies with the requirements of this subsection, the
City Clerk shall issue the appropriate permit.
(e) Application standards.
(1) Type A permit --general standards. A type A permit may be issued for
sound equipment emitting music or human speech registering not more
tha 60 dB(A)'s when measured at the real property boundary of the
priv to residence nearest the sound equipment and measuring not more
than AOO dB(A)'s at a distance of 50 feet from the sound equipment.
Sound quipment permitted under a type A permit may be used only in
areas o the city zoned for non-residential use and only between the
hours of :00 A.M. and 9:00 P.M. /
(2) Type B per 't -- sound trucks --general sta dards. Sound trucks may be
operated onl under a type B permit. A t pe B permit may be issued for
sound equipme mounted upon a motor ve icle and intended for use upon
city streets p vided that the soun equipment emits only music or
human speech registering not more t n 80 dB(A)'s when measured at a
distance of 100 eet from the s and equipment. Sound equipment
permitted under a pe B permit y be used only in non-residential
areas and only from 00 A.M. to 9.00 P.M.
(3) Type C permit--parks--E'
for sound equipment em
more than 60 dB(A)'s w
the private residence r
more than 100 dB(A)'s w
sound equipment. Sound
be used only in public
grounds owned and operal
to 11:00 P.M. for even
body having jurisdict' 1
neraltandards. A type C permit may be used
ting music or human speech registering not
a asured at the real property boundary of
ar t the sound equipment and registering not
a\the
ed at a distance of 50 feet from the
upermitted under a type C permit may
kand operated by the city, or public
d her government body, from 10:00 A.M.
aued and approved by the city or other
ovpark or public grounds.
(4) Type D permit--publ c or parochia
A type 0 permit ma be issued forty
human speech regi Bring not more th,
real property bo Clary of the resit
and registering of more than 100 dE
of 50 feet from he sound equipment.
a type 0 permit may be used only on
school ground -general standards
LAC
's
with a school ponsored activity, from
events author zed and approved by the
jurisdiction f the grounds.
equipment emitting music or
dB(A)'s when measured at the
nearest the sound equipment
when measured at a distance
id equipment permitted under
1 grounds, or in conjunction
0:00 A.M. to 11:00 P.M. for
school authorities having
(f) Commercial advert sin --sound equipment rohibit� . No sound equipment
Tall be permitt d to be used on public streets Or public places, in any
building, or up n any premises if the sound will'be plainly audible from
any public stree or public place within the city, when any such use is for
commercial advertising purposes, or for the purpose of attracting the
attention of the public to any building or structure for monetary gain.
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Sec. 24.1-7. MOTORIZED VEHICLES.
(a) No person shall operate or cause to be operated the engine providing motive
power, or an auxiliary engine, of a motor vehicle of a weight in excess of
10,000 pounds for a consecutive period longer than 20 minutes while such
vehicle is. standing on private property and located within 150 feet of
property zoned and used for residential purposes, except when such vehicle
is standing within a completely enclosed building. This section shall not
apply to delivery or pickup vehicles that require the operation of the
engine to unload or load their vending loads.
(b) No person hall drive or move or cause or knowingly permit to be driven or
moved a mo or vehicle or combination of vehicles at any time in such a
manner as to exceed the following noise limit at any time in such a manner
as to exceed he following noise limits for he category of motor vehicle
shown below. ise shall be measured at a d' tante of at least 25 feet (7.5
meters) from th near side of the nearest ane(s) being monitored and at a
height of at lea t 4 feet (1.2 meters) a ove the immediate surface. Table
1 provides correc ions to observed nois levels at distances of less than
50 feet.
Sound Pressure Level, d8(A)
Speed limit Speed limit
40 MPH or less over 40 MPH
Motor vehicles with a manufactur s
gross vehicle weight rating (G R)
or gross combination weight r ing 90 94
(GCWR) of 10,000 pounds or m e, or
any combination of vehicles owed
by such motor vehicle.
Any other motor vehicle r any
combination of vehicles towed by 80 84
any motor vehicle.
Any motorcycle. \ 82 86
This sectio applies to the total noise f om a vehicle or combination of
vehicles a d shall not be construed as limiting or precluding the
enforcemenrs of any other provisions of this ode relating to motor vehicle
muffleor noise control.
(c) The me urement of sound or noise shall be made with a sound level meter
meetin the standards prescribed by the American Standards Association.
The instrument shall be maintained in calibration and good working order.
Octave band corrections may be employed in meeting the response
specification. A calibration check shall be made of the system at the time
of any noise measurement. Measurements recorded shall be taken so as to
provide a proper representation of the noise source. The microphone during
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measurement shall be positioned as not to create any unnatural enhancement
or diminution of the measured noise. A windscreen for the microphone shall
be used when required. Traffic, aircraft and other transportation noise
sources and other background noises shall not be considered in taking
measurements except where such background noise interferes with the
primary notfe being made.
(d) No person sh ll modify the exhaust system of a motor vehicle or motorcycle
by installati n of a muffler cut-out, by-pass or other similar device and
no person shall pperate a motor vehicle or motorcycle which has been so
modified. A mfor vehicle so operated shall be deemed equipped with a
muffler which
em excessive and unusual noise and which is not in good
working order. \
(e) 1) No person shall open
of one or more r cr(
an organized rac c
manner that the so
dBA for a total of
exceeds 90 dBA for
levels which exceed
boundary of the
disturbance.
to a recreational vehicle or permit the operation
tional vehicles, individually or in a group or in
event, on .public or private property in such a
I level resulting from such operation exceeds 73
Tree minutes in any continuous one hour period or
ny period of time during such operation. Sound
e limits herein described at the real property
ivi'ng land use shall be deemed a noise
2) No person shall condu¢¢'1.or permit the conduct of any part of an
organized racing eve t ich involves a contest between or among
recreational vehicles on p blic or private property between the hours
of 9:00 P.M. and 9:00 A.M. t e following morning.
Sec. 24.1-8. ANIMALS.
(a) No person shall own, �ossess or ha bor any barking or noisy dog, bird or
other animal regardless of whethe the dog, bird or other animal is
physically situated ip or upon privat property. However, the dog, bird or
other animal shall not be deemed a ba ing dog or noisy animal if, at the
time the dog, bird o other animal is arking or making any other noise, a
person is trespassi/g or threatening to trespass upon private property in
or upon which the og, bird or other ani
1 is situated or taking any other
action which/tthat
tease or provoke the g, bird or other animal to bark
or otherwise sy.
Sec. 24.1-9. COMMAND INDUSTRIAL PERFORMAN E STANDARDS.
(a) No person shermit noise from any comm rcial or industrial use, as
defined in ting ordinance, to exceed t e sound levels specified in
table 2, excthe decibel levels specified shall be reduced by 5
decibels atundary line of a zone designated as residential in the
zoning ordinance between the hours of 7:00 p.m. and 7:00 a.m.; and at the
boundary line of a school located in a noise sensitive area between the
hours of 8:00 a.m. and 4:00 p.m. when the school is in session.
For the purpose of measuring the intensity and frequency of sound, the
sound level meter, the octave band analyzer and the impact noise analyzer
shall be employed.
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The flat network and the fast meter response of the sound level meter shall
be used. Sounds of very short duration, as from forge hammers, punch
presses, and metal shears which cannot be measured accurately with the
sound level meter, shall be measured with the impact noise analyzer.
Octave band analyzers calibrated in the Preferred Frequencies (United
State of America Standard S1 6-1967, Preferred Frequencies for Acoustical
Measurements) shall be used in the table headed "Octave Band, Preferred
Frequencies." Octave band analyzers calibrated with the pre -1960 octave
bands (United States of America Standards Z24 10-1953, Octave Band Filler
Set) shall be useg with the tables headed "Octave Band, Pre -1960."
Sec. 24.1-10. POWERS AN,DUTIES OF THE NOISE CONTROL OF
(a) The noise control pro am established by /bise
tier shall be implemented,
administered, and enfo ced by the noise fficer who shall be that
person or persons, desi ated by the City
(b) To implement and enforce is chapter thontrol officer shall have
the additional power to:
(1) Conduct research, monito 'ng, and ther studies related to sound.
(2) Conduct programs of publi ducation regarding the causes, and
effects of sound or noise and eneral methods of abatement and control
of noise, as well as the a i ns prohibited by this chapter and the
procedures for reporting vi lati ns.
(3) Coordinate the noise con of active ies of all municipal departments.
(4) Review public and p ivate projec , including those subject to
mandatory review or pproval by of r departments, for compliance
with this chapter, f these project are likely to cause sound in
violation of this c apter.
(5) Upon presentatio of proper credenti ls, enter and inspect any
private property or place, and inspect ny report or records at any
reasonable time when granted permission by the owner, by some other
person with ap arenL authority to act fo the owner, or a tenant of
the premises. If consent to inspect is withheld by any person or
persons havi the lawful right to exclude, the officer may apply to a
magistrate o the Iowa District Court in an for Johnson County for a
search war r nt of the building. No owner o occupant or any other
person hav ng charge, care or control of any structure or premises
shall fai or neglect, after presentation of a search warrant, to
properly permit entry therein by the officer for the purpose of
inspecti n and examination pursuant to the provisions herein.
(6) Issue Iound variances pursuant to the provisions of this chapter.
(7) Prepare recommendations for consideration by the city council, after
publication of notice and public hearing, for establishing the
boundaries of noise sensitive areas.
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(8) Designate any area for the purpose of ensuring exceptional quiet and
to be clearly posted with "Noise Sensitive Area" signs because of the
noise sensitive activities conducted therein. These areas may
include, but are not limited to schools, libraries, churches,
hospitals and nursing homes.
(9) Authorize the capture and impoundment of any dog, bird or other when
the noise made by the animal cannot be reasonably controlled by the
owner or other person on whose property the animal is located.
(10) Require certification by a register/d engineer or other qualified
person that the performance standard for a proposed use can be met.
Sec. 24.1-11. OEPA TMENTAL ACTIONS.
All departments and\ES.
s of the city hall carry out their programs so as to
further the policy ohapter.
Sec. 24.1-12. SOUND
(a) The noise contrcer shal have the authority consistent with this
section, to gravarianc s from the requirements of this chapter.
(b) Any person seeking a ound variance under this section shall file an
application with the City C1 rk. The application shall contain information
which demonstrates that b i ging the source of sound or activity for which
the sound variance is sou t into compliance with this subchapter would
constitute an unreasonabl h rdship on the applicant, on the community, or
on other persons. The a pli tion shall be accompanied by a fee in the
amount established by t City ouncil by resolution. The fee shall not be
refundable.
(c) In determining whether to grant, eny, or revoke the application the noise
control officer shall glance the h rdship to the applicant, the community,
and other persons of not allowing he sound variance against the adverse
impact on the health safety and we fare of persons affected, the adverse
impact on property ffected, and any other adverse impacts of allowing the
sound variance. A plicants for soun variances and persons contesting
sound variances ma be required to submit any information as may reasonably
be required. Applicants are required to ive notice by certified mail to:
(1) the occupant of surrounding single r two family residences located
in an area hat includes the next two omes in any direction, or those
within 100 eet of the noise source, wh chever is less; or
(2) the owner r manager of multiple family residences, including hotels,
within such area.
In granting or denying an application or in revoking a sound variance
previously granted, the noise control officer shall place on public file a
copy of the decision and the reasons for granting, denying or revoking the
sound variance.
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(d) Sound variances shall be granted by notice to the applicant containing all
necessary conditions, including a time limit on the permitted activity.
The sound variance shall not become effective until all conditions are
agreed to in writing by the applicant and placed on file with the Noise
Control Officer. Noncompliance with any condition of the sound variance
shall terminate it and subject the person holding it to those provisions of
this subchapter regulating the source of sound or activity for which the
sound variance was granted. Termination for non-compliance shall be made
in accordance with Section 2-188, Emergency Orders, of this Code.
Sec. 24.1-13. EFFECTIVE DATE.
This ordinance(s1Fa1ViV ffect upon i passage, approval and publication in
accordance with lak
Sec. 24-1.14. SEVEF PROVISI NS.
Each section, and ll prov Bions of this ordinance, is independent of
every other sectioy and 11 provisions, and the invalidity of any
thereof, shall not iany ther section or provision.
Sec. 24-1.15. REPEAAll ordinances or prdi nces in conflict with this ordinance hereby are
repealed, with the of ctions 5-35(7), 9 1-7(d), 23-137, and 24-48 of
this Code.
Sec. 24.1-16. PENALTY.
(a) Any violation of the p I visions of his ordinance shall be a misdemeanor
subject to the penalties of Section 1- of this Code.
(b) Each instance of violat on of any of the p visions of this Ordinance shall
constitute a separate o fense.
Sec. 24.1-17. ADDITIONAL REEDIES.
Any violation of the provis ons of this ordinance is deemed and declared to be a
nuisance, and as such may be subject to summary abatement by means of a
restraining order or injunction issued by the District Court.
Passed and approved this
ATTEST:
MAYOR
CITY CLERK
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\ (d) Sound variances shall be granted by notice to the applicant containing all
necessary conditions, including a time limit on the permitted activity.
The sound variance shall not become effective until all conditions are
agreed to in writing by the applicant and placed o file with the Noise
\Control Officer. Noncompliance with any conditio of the sound variance
shall terminate it and subject the person holding 't to those provisions of
this subchapter regulating the source of sound r activity for which the
sound variance was granted. Termination for n -compliance shall be made
in acegrdance with Section 2-188, Emergency 0 ers, of this Code.
Sec. 24.1-13. EFFECTIVE DATE.
This ordinance s all be in effect upon its p ssage, approval and publication in
accordance with la .
Sec. 24-1.14. SEVERA LITY OF PROVISIONS
Each section, and any a d all provisi ns of this ordinance, is independent of
every other section and ny and al provisions, and the invalidity of any
thereof, shall not invalida any of r section or provision.
Sec. 24-1.15. REPEALER.
All ordinances or parts of ordin ces in conflict with this ordinance hereby are
repealed, with the exception o ctions 5-35(7), 9 1-7(d), 23-137, 24-48 and.
�`- - 31-32 of this Code. uq
Sec. 24.1-16. PENALTY.
(a) Any violation of the provisions o this ordinance shall be a misdemeanor
I
subject to the penal es of Section 1 of this Code.
(b) Each instance of v' lation of any of the rovisions of this Ordinance shall
constitute a separ to offense.
Sec. 24.1-17. ADDITI AL REMEDIES.
Any violation of t provisions of this ordinance is eemed and declared to be a
nuisance, and as such may be subject to summary batement by means of a
restraining order or injunction issued by the District C urt.
f i
Passed and a� ved this
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It was moved by , and seconded by
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER
DICKSON
_ ERDAHL
_ LYNCH
MCDONALD
NEUHAUSER
PERRET
First conside atio 6/8/82
Vote for pas :Ayes: ync c onald, Neuhauser,
Perret, Balmer, ickson. Nays: Erdahl.
Second
co
ratio
Vote for p ssaae:
Date PubAished
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It was moved by , and seconded by
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
BALMER
DICKSON
ERDAHL
LYNCH
MCDONALD
NEUHAUSER
PERRET
First const eratio 5/24/82
Vote for pa a yes: erre a mer, Dickson,
Lynch, McDo d, Nays: None. Absent: Erdahl,
Neuhauser
Second c sideration
Vote or passage:
Date published
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It was moved by , and seconded by
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
_ BALMER
DICKSON
ERDAHL
�- LYNCH
MCDONALD
NEUHAUSER
\ / ' PERRET
First cons;deration 5/17//82
Vote for -passage: ye tccson, Lynch, McDonald,
Neuhauser, Perrreet, Bal er. Nays: None. Absent: Erdahl.
Second consideratti n
Vote for passaq
Date publi
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Received g Approved
By The legal Deparhnenf
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The University of Iowa
ID.,; C,ty, Iowa 52242
Vic-: Plusident for Finance
and University Sorvices
June 18, 1982
Mr.. Neal Berlin
City Manager
City of Iowa City
410 East Washington
Iowa City, IA 52240
mn
Dear Neal:
In response to your rquest, we have reviewed the provisions of
the "noise ordinance" props\d to be enacted by the City Council of
the City of Iowa City. It appears that the ordinance, if enacted,
would not pose major difficulties forthe University.
As I mentioned to you on the telephone, two provisions are
somewhat ambiguous and could conceivably be interpreted to forbid
band practices and public speaking activities. Specifically,
section 24.1-5 prohibits the playing of "any drum, musical instru-
ment or similar instrument in such as a manner as to cause a noise
disturbance or outdoors within a noise sensitive area." Noise dis-
turbance is defined in Section 24.1-2 as "any sound of such character,
intensity and duration which endangers or injures the welfare,
safety or health of a human being, or annoys or disturbs a reasonable
person of normal sensitivities, or endangers or injures personal or
real property." It seems conceivable that the outdoor practices of
the University's marching band might be viewed by some as a violation
of Section 24.1-5. Should the City wish to exempt band practice
from the provisions of the statute this could be accomplished by
amending Section 24.1-3 of the ordinance entitled "exceptions." A
new provision of that section might be added:
(12) Unamplified live music, provided, sponsored, or
funded, in whole or in part, by a governmental entity.
By making this addition to Section 24.1-3, it would be clearer that
the noise ordinance did not apply to band practices.
The second potential problem arises in Section 24.1-6, "regula-
tion of sound equipment and sound amplifying equipment." This
provision governs the issuance of sound permits to operate sound
equipment. Sound equipment includes loudspeakers and amplifiers,
and the prohibition on un -permitted use of sound equipment includes
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June 18, 1982
Page 2
use "in such a manner as to create sound therefrom which is plainly
audible across a residential real property boundary or on any public
street or property." It is possible to read the ordinance to require
public speakers on the Pentacrest, who are permitted under some
circumstances to use loudspeakers, to obtain sound permits from the
City of Iowa City prior to engaging in their public speaking
activities. I believe that the best way to avoid this problem is to
amend a provision of Section 24.1-3 (the exceptions provision).
That section currently reads, in pertinent part:
The provisions herein shall not apply to: . . (3) non-
commercial public speaking and public assembly activities
conducted on any private property, public space, or public
right-of-way, except those activities specifically controlled
by the provisions of this chapter.
I believe that the deletion of words "except those activities
specifically controlled by the provisions of this chapter" will
eliminate the problem, and will not impair the effectiveness of the
ordinance.
Please feel free to contact me if I can be of any further
assistance.
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Sincer ly,�>
Casey Mahon
�Associ to Vice President
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