HomeMy WebLinkAbout2022-03-01 OrdinanceItem Number: 13.
March 1, 2022
O rd inan ce amen d ing Titl e 9, en titled “Motor Vehicl es and Traffic,” Ch apter 4,
entitl ed “Parking Regulations,” Section 1, entitl ed “Parking Proh ibited in
Specific Places,” to p rohib it parking in b ike lan es; Chap ter 9, entitl ed “Towing
and Impou n d ment Proced u res,” Section 2, entitl ed “Towing and
Impou n d ment of Certain Il l egal l y Parked Vehicl es,” to allow towin g of
veh icles parked in b ike lan es; an d Chap ter 3, entitl ed “Ru l es of th e Road ,”
Section 11 en titled “Prohib ited Acts an d Con d ition s” to d elete th e referen ce
to parking in b ike lan es. (F irst Consid eration)
Prepared B y:J ennifer Schwickerath, A sst. City A ttorney
Reviewed By:Darian Nagle-Gamm, Director of Transportation
Kent Ralston, MP O J C E xecutive Director
Dustin L iston, Chief of Police
Redmond J ones I I , Deputy City Manager
F iscal I mpact:None
Recommendations:Staff: Approval
Commission: N/A
Attachments:Ordinance
Executive S ummary:
T he C ity has bike lanes on various arterial and downtown streets and due to the increase in
popularity of f ood delivery and ride-shares, bike lanes have been blocked by parked vehicles. The
current Ordinance that prohibits parking in a bike lane is a moving violation and requires
enforcement by a police officer. The proposed amendment would create a non-moving violation
for parking in the bike lane, which would allow for enforcement by transportation staff and
community service officers in addition to police officers.
Background / Analysis:
I n J une 2019, Clinton S treet f rom C ourt S treet to J efferson S treet was restriped from a four-lane
road with two travel lanes in each direction to a three-lane road with one travel lane in each
direction, a center-turn lane, and bike lanes. Prior to the three-lane conversion, commercial or
delivery vehicles would stand or park in the outer lane while through traffic would use the inside
lane. D rivers today are continuing to park at the curb, blocking the bicycle lane and part of the
through traffic lane. T his issue became much more significant during the pandemic as food
delivery services proliferated. W hen a vehicle parks in the bike lane, through vehicles and cyclists
must swerve into the through lane or center turn-lane area to maneuver around them. During peak
times, drivers and cyclists may have to do this multiple times while traveling the corridor creating
an unsafe travelling environment, especially for cyclists.
T his code change would enable Transportation Services enforcement staff to issue citations for
those that park in bike lanes. Today only P olice have the authority. Upon approval, Transportation
Services staf f will continue to educate the public on alternative parking locations based on the size
and type of vehicle and will begin to commence formal enforcement by issuing warning tickets for
a period before moving to citations. Enforcement staff will accompany written warnings/citations
with a flyer with a Q R code that will link to a map with available parking options in the area. Signage
will be posted on Clinton S treet that indicates no stopping, standing, or parking is allowed in bike
lanes. Communications staff will help educate the public by messaging to legacy and social media
outlets.
AT TAC HM E NT S :
Description
Ordinance
) •5
Prepared by: J.Schwickerath,Asst. City Attorney,410 E.Washington St, Iowa City, IA 52240;319-356-5030
ORDINANCE NO.
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic,"
Chapter 4, entitled "Parking Regulations," Section 1 , entitled "Parking
Prohibited in Specific Places," to prohibit parking in bike lanes; Chapter
9, entitled "Towing and Impoundment Procedures," Section 2, entitled
"Towing and Impoundment of Certain Illegally Parked Vehicles," to
allow towing of vehicles parked in bike lanes; and Chapter 3, entitled
"Rules of the Road," Section 11 entitled "Prohibited Acts and
Conditions" to delete the reference to parking in bike lanes.
Whereas, the City has bike lanes on various arterial and downtown streets and due to
the increase in popularity of food delivery and ride-shares, bike lanes have been blocked
by parked vehicles;
Whereas, the current Ordinance No. 9-3-11(D) prohibits parking in a bike lane, but is
a moving violation, which requires a citation to be written by a police officer and said
prohibition would be more appropriately enforced as a non-moving violation to allow
enforcement by transportation staff, community service officers, and police officers;
Whereas, parking in the bike lane should be regulated to prevent blockages; and
Whereas, it is in the best interest of the City to adopt this ordinance.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled `Parking
Regulations," Section 1, entitled "Parking Prohibited in Specific Places,"
Subsection A is amended by adding the underlined text as follows:
22. On a designated bicycle lane except as allowed in 9-8-4(B).
2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 9, entitled "Towing and
Impoundment Procedures," Section 2, entitled "Towing and Impoundment of
Certain Illegally Parked Vehicles," is amended by adding the underlined text as
follows:
H. Any vehicle parked in a designated bicycle lane in violation of section 9-4-1(A)(22)
of this title.
3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the
Road," Section 11, entitled "Prohibited Acts and Conditions," Subsection D is
amended by deleting the strike-through text as follows:
Section II. Repealer. All ordinances and parts of ordinances in conflict with the
provision of this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of , 2022.
Mayor
Attest: Approved by
City Clerk •,
City Attorne ' rice
(Jennifer Sc wickerath—02/23/22)
It was moved by and seconded by
That the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
First Consideration March 1, 2022
Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas,
Weiner. NAYS: None ABSENT: None
Second Consideration
Vote for passage:
Date published
Item Number: 14.
March 1, 2022
O rd inan ce amen d ing Titl e 1, en titled “Admin istration ,” Ch apter 5, en titled
“Mayor an d City Council ,” to provid e that a violation of th e Council procedural
ru l es is a mu n icip al infraction . (F irst Consid eration)
Prepared B y:Susan Dulek, F irst Ass't. City Attorney
Reviewed By:Geoff Fruin, City Manager
Eric Goers, City Attorney
F iscal I mpact:none
Recommendations:Staff: Approval
Commission: N/A
Attachments:ordinance
Executive S ummary:
T his ordinance authorizes a municipal infraction citation to be issued for violation of the Council
Procedural Rules.
Background / Analysis:
T he proposed City Council P rocedural Rules include a provision entitled “P ublic Participation”
governing public comment with requirements such as the comment being germane to the agenda
item, speaking when recognized to do so, time limits, and only addressing Council once on each
agenda item. T he “Public Participation” provision sets forth a list of sanctions for violating the rules,
including being issued a municipal infraction citation.
Currently the City Code does not have a provision that authorizes issuance of a citation for violation of
the rules. T his ordinance authorizes a citation to be issued but only after a verbal warning and a
directive to leave the Council meeting have been given.
Municipal infraction citations allow for a civil penalty to be imposed. No civil penalty for a City Code
violation is lower than $100, and all but a few violations have penalties of either $100 for first violation,
$250 for second violation, and $500 for third and subsequent violations or $250/$500/$750. Violation of
this ordinance will allow the court to impose a civil penalty of $100 for first violation, $250 for second,
and $500 for third and subsequent violations.
AT TAC HM E NT S :
Description
Ordinance
I +.
FAILED: 3/1/2022
Prepared by: Susan Dulek,Asst. City Attorney,410 E.Washington Street, Iowa City, IA 52240:319-356-5030
Ordinance no.
Ordinance amending Title 1, entitled "Administration," Chapter 5, entitled
"Mayor and City Council," to provide that a violation of the Council
procedural rules is a municipal infraction.
Whereas, City Council adopted the City Council Procedural Rules in Resolution No. 22-_; and
Whereas, the City Council Procedural Rules include a provision entitled "Public Participation"
governing public comment with requirements such as the comment being germane to the agenda
item, speaking when recognized to do so, time limits, and only addressing Council once on each
agenda item; and
Whereas, the"Public Participation" provision sets forth a list of sanctions for violating the rules
including being issued a municipal infraction citation; and
Whereas, currently the City Code does not have a provision that authorizes issuance of a
municipal infraction citation for violation of the City Council Procedural Rules; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 1, entitled "Administration," Chapter 5, entitled "Mayor and City Council," Section 6,
entitled, "Rules of Procedure," is amended by adding the following underlined text, numbering it
Subsection 6B, and renumbering current Subsection 6B as Subsection 6C:
B. Rules: Council shall adopt City Council Procedural Rules including a provision entitled
"Public Participation" to govern the sessions of the City Council. A copy of the City
Council Procedural Rules shall be on file with the City Clerk and available on the City
website. No person shall violate any "Public Participation" provision of the City Council
Procedural Rules. Any violation of this ordinance shall be considered a municipal
infraction as provided for in Title 1, Chapter 4 of this code. No person shall be cited
under this section unless the person violates a "Public Participation" provision after
having been given a verbal warning and directed to leave the Council meeting.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 2022.
Mayor
Approved by
Attest:
City Clerk City Attorney's Office—02/22/22
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
First Consideration March 1, 2022
Vote for passage: AYES: None NAYS: Alter, Bergus, Harmsen, Taylor, Teague
Thomas, Weiner. ABSENT: None
Second Consideration
Vote for passage:
Date published
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