HomeMy WebLinkAbout2024-06-04 Ordinance Item Number: 9.c.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
June 4, 2024
Ordinance Amending Title 8, Entitled, "Police Regulations, "Chapter 7, Entitled "Weapons," to
add a new section prohibiting throwing and shooting projectiles into or on public ways and
property.
Prepared By: Denise Brotherton, Police Captain
Reviewed By: Geoff Fruin, City Manager
Dustin Liston, Police Chief
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Ordinance
Executive Summary:
This ordinance prohibits the throwing or shooting of projectiles into or on public ways and
property. It is intended to address public nuisance and safety concerns that have arisen
regarding the use of toys that shoot projectiles, such as gel and water-based beads
commonly known as "Orbeez," in crowded public places. Surrounding communities have
ordinances that prohibit the throwing or shooting of projectiles in and on public places. This
ordinance will impose a criminal penalty for its violation, a scheduled fine of fifty dollars
($50.00).
f FV
FAILED
Prepared by: Denise Brotherton, Police Captain,410 E.Washington Street, Iowa City, IA 52240; 319-356-5275
Ordinance no.
Ordinance Amending Title 8, Entitled "Police Regulations," Chapter 7,
Entitled "Weapons," to add a new section prohibiting throwing and
shooting projectiles into or on public ways and property.
Whereas, cities in Iowa are responsible for maintaining public property, including streets and
rights of way, and for keeping public buildings and grounds free of nuisance; and
Whereas, over the past 2 years, the City has seen problems with the use of toys that shoot
projectiles, such as gel and water-based beads commonly known as "Orbeez"; and
Whereas, individuals have used these toys in crowded public places, such as the pedestrian
mall during a public celebration, on public property, in public parks, and on the City's streets and
rights-of-way; and
Whereas, the City has also had problems with people throwing items such as water balloons
out of moving vehicles; and
Whereas, under most circumstances, these projectiles do not meet the definition of a
"dangerous missile" under the City's toy gun ordinance (Section 8-7-3 of the Iowa City Code);
and
Whereas, although not "dangerous missiles," the use of these and other such projectiles on
rights of way and on public property create both a public nuisance and public safety risk; and
Whereas, the throwing and shooting of projectiles disrupt the public's reasonable use of
public places because bystanders may be hit or disturbed by the projectiles; and
Whereas, there may be occasions when the use of projectile toys in a public place is
desirable and appropriate, but those occasions should be planned for in advance and approved
by the City to avoid the negative impacts of these items' use; and
Whereas, the City Manager may make the determination regarding the appropriate time,
place, and manner of use of such items on an as-needed basis; and
Whereas, surrounding communities, such as Coralville and North Liberty, specifically
prohibit through ordinance a person from throwing missiles or shooting toys or other projectiles
on or into any right of way or public ground or building without authorization; and
Whereas, these local ordinances permit the reasonable regulation of conduct in public
places; and
Whereas, the City should adopt a similar ordinance imposing a criminal penalty for the
unlawful shooting or throwing of projectiles in public places; and
Whereas, the penalty for violation of the ordinance should be a scheduled fine of fifty dollars
($50.00), which is the same amount as the fine for the standing or loitering so as to obstruct
public right of way; and
Ordinance No.
Page 2
Whereas, it is in the best interest of the City to adopt a simple misdemeanor ordinance
prohibiting the unlawful shooting or throwing of projectiles into or on public places.
Now, therefore, be it ordained by the City Council of the City of Iowa City:
Section I. Amendments.
1. Title 8, entitled "Police Regulations," Chapter 7, entitled "Weapons," is
hereby amended by adding the following new Section 5, entitled "Shooting":
It is unlawful for a person to shoot dangerous instruments or toys on or into any street,
alley, highway, sidewalk, public way, public ground, or public building, without written
consent of the City Manager.
A violation of this section shall be a simple misdemeanor punishable by a fine of$50.00.
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 effective upon publication.
Passed and approved this day of , 2024.
Mayor
Attest:
City Clerk
Approved by
City Attorn 's Office—06/04/2024
Ordinance No.
Page 3
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
Dunn
Harmsen
Moe
Salih
Teague
First Consideration 06/04/2024
Vote for passage: AYES: Alter, Harmsen, Teague
NAYS: Bergus, Dunn, Salih
ABSENT: Moe
Second Consideration
Vote for passage:
Date published
qc
Prepared by: Denise Brotherton,Police Captain,410 E.Washington Street, Iowa City, IA 52240• 19-356-5275
Ordinance no.
Ordinance A ending Title 8, Entitled "Police Regulati%ns," Chapter 7,
Entitled "We. .ons," to add a new section prohib' ng throwing and
shooting proje iles into or on public ways and pr• •erty.
Whereas, cities in low: are responsible for maintaining pub c property, including streets and
rights of way, and for keepi`,g public buildings and grounds fr-e of nuisance; and
Whereas, over the past 2 ears, the City has seen pr.•lems with the use of toys that shoot
projectiles, such as gel and wa',-r-based beads commo- y known as "Orbeez"; and
Whereas, individuals have use. these toys in crowded public places, such as the pedestrian
mall during a public celebration, on •ublic propert , in public parks, and on the City's streets and
rights-of-way; and
Whereas, the City has also had pro:lem ith people throwing items such as water balloons
out of moving vehicles; and
Whereas, under most circumstance , these projectiles do not meet the definition of a
"dangerous missile" under the City's to gun irdinance (Section 8-7-3 of the Iowa City Code);
and
Whereas, although not "clang- ous missiles,' he use of these and other such projectiles on
rights of way and on public prop: y create both a •ublic nuisance and public safety risk; and
Whereas, the throwing an shooting of projectile• disrupt the public's reasonable use of
public places because byst. ders may be hit or disturled by the projectiles; and
Whereas, there may •e occasions when the use of p ojectile toys in a public place is
desirable and appropria -, but those occasions should be •tanned for in advance and approved
by the City to avoid th: negative impacts of these items' us-; and
Whereas, the Ci Manager may make the determination egarding the appropriate time,
place, and manner of use of such items on an as-needed basi•• and
Whereas, s rounding communities, such as Coralville and •rth Liberty, specifically
prohibit througr. ordinance a person from throwing missiles or shoAting toys or other projectiles
on or into any right of way or public ground or building without auth,rization; and
Where. , these local ordinances permit the reasonable regulatio of conduct in public
places; a •
Wh:reas, the City should adopt a similar ordinance imposing a criminal penalty for the
unlawf -shooting or throwing of projectiles in public places; and
Whereas, the penalty for violation of the ordinance should be a scheduled fine of fifty dollars
($50.00), which is the same amount as the fine for the standing or loitering so as to obstruct
public right of way; and
Ordinance No.
Page 2 '"
Whereas, is in the best interest of the City to adopt a simple misde ,anor ordinance
prohibiting the lawful shooting or throwing of projectiles into or on pu- is places.
Now, therefore, be 't ordained by the City Council of the City of to a City:
Section I. Amendm.nts.
1. Title 8, entitled "Police Regulations," Chapt= 7, entitled "Weapons," is
hereby amende• by adding the following new Se, ion 5, entitled "Throwing and
Shooting":
It is unlawful for a person to hrow stones, bricks, or issiles of any kind or to shoot other
dangerous instruments or toy, on or into any stre- , alley, highway, sidewalk, public way,
public ground, or public buildin• without writte onsent of the City Manager.
A violation of this section shall be a .impl= misdemeanor punishable by a fine of$50.00.
Section II. Repealer. All ordinan►e and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any s:- do , provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such -djudi►ation shall not affect the validity of the Ordinance as a
whole or any section, provision or •art there•f not adjudged invalid or unconstitutional.
Section IV. Effective Date. his Ordinan►e shall be effective upon publication.
Passed and approved th'= day of , 2024.
Mayor
Attest:
City Clerk
Approved by
1
City Attorrrys Office—05/30/2024
Item Number: 9.d.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
June 4, 2024
Ordinance amending Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks
and Recreation Regulations," to adjust park closure hours. (Second Consideration)
Prepared By: Geoff Fruin, City Manager
Reviewed By: Juli Seydell Johnson, Parks & Recreation Director
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Ordinance
Executive Summary:
Currently, all parks but Chauncy Swan, College Green, and Black Hawk Mini Park are closed
from dusk to dawn. Under this ordinance Chauncey Swan and College Green would be
closed from midnight to dawn to continue to allow use later into the evening. When parks are
closed, persons may still pass through when using trails and sidewalks.
Background /Analysis:
Due to their proximity to downtown and park or adjacent lighting systems, Chauncey Swan
and College Green parks are often utilized by the public into the late evening hours,
sometimes past the standard dusk closure time for other parks. This ordinance change allows
the public use later into the evenings when other parks are closed and closes the two parks
from midnight to dawn. For all parks, persons may still pass through during closed times
when using trails and sidewalks
a
Prepared by: Susan Dulek, First Asst. City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030
Ordinance No. 24-4925
Ordinance amending Title 10, entitled "Public Ways and Property,"
Chapter 9, entitled "Parks and Recreation Regulations," to adjust park
closure hours.
Whereas, all parks are closed from dusk to dawn with the exception of Chauncey Swan
Park, College Green Park, and Black Hawk Mini Park; and
Whereas, the dusk to dawn closure does not apply to persons using trails and sidewalks for
transportation and for those events the Parks and Recreation Director has granted authorization
to remain open, such as a softball tournament; and
Whereas, all parks should be closed overnight except Black Hawk Mini Park, which
functions as a part of and is integral to City Plaza (aka, the ped mall); and
Whereas, it is in the City's interest to adopt the ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," Subsection I is amended by
adding the underscore text and deleting the strike-through text as follows:
In any park no person shall...
I. Hours:
1. Except as provided for herein, occupy any park, whether on foot, on a non-motorized
vehicle, or in a vehicle, or permit any vehicle to remain parked from dusk to dawn at any
park. "Dusk" means thirty (30) minutes after the time designated each calendar day as
"sunset" and "dawn" means thirty(30) minutes before the time designated each calendar
day as"sunrise"Said designations can be accessed on the City website by the United
2. Exceptions:
a. Blackhawk Mini Park, Chauncey Swan Park, and College Green Park remains open at
all times and is ace not subject to the closure hours;
b. Chauncey Swan Park and College Green Park are closed from midnight to dawn;
c. Persons may use trails and sidewalks as a mode of transportation when a park is
closed ; and
d. The Director or designee may authorize persons to occupy a park after closure hours
for a specific event.
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 4th day of June , 2024.
Ma r
Ordinance No. 24-4925
Page 2
Attest: Arlo 1l0 l a Ce'
Cit Clerk
Approved by
G
City Attor y's Office
(Sue Dule —05/14/2024)
It was moved by Dunn and seconded by Alter that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
First Consideration 05/21/2024
Voteforpassage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration
Vote for passage:
Date published 06/13/2024
Moved by Dunn, seconded by Salih, 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 second
consideration and vote be waived, and the ordinance be voted upon for final
passage at this time.
AYES: Alter, Bergus, Dunn, Harmsen, Teague
NAYS: Salih
ABSENT: Moe
Item Number: 9.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
June 4, 2024
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapters 1 and Chapter 6 to
require drivers to yield right of way to bicyclists at crosswalks and to require bicyclists riding on
sidewalks to obey pedestrian devices at signaled intersections. (Second Consideration)
Prepared By: Susan Dulek, First Asst. City Attorney
Reviewed By: Geoff Fruin, City Manager
Denise Brotherton, Captain Police Dept
Kent Ralston, MPOJC Director
Fiscal Impact: none
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Ordinance
Executive Summary:
The Governor recently signed HF2568 requiring drivers to yield the right of way to bicyclists
in cross walks, and this ordinance amends the City Code to be consistent with HF2568. This
ordinance also requires a bicyclist riding on the sidewalk to obey pedestrian traffic control
signals.
Prepared by: Susan Dulek, First Asst. City Attorney,410 E.Washington St., Iowa City, IA 52240(319)356-5030
Ordinance No. 24-4926
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic,"
Chapters 1 and Chapter 6 to require drivers to yield right of way to
bicyclists at crosswalks and to require bicyclists riding on sidewalks to
obey pedestrian devices at signaled intersections.
Whereas, the Governor recently signed HF2568 requiring drivers to yield the right of way to
bicyclists in cross walks and to clarify that a bicycle is not a pedestrian in the chapter governing
motor vehicles and rules of the road (Chapter 321 of the Iowa Code) effective July 1, 2024; and
Whereas, the City Code should be amended to be consistent with HF2568; and
Whereas, there is no provision in the City Code that governs whether a bicyclist riding on
the sidewalk must obey pedestrian traffic control signals; and
Whereas, a bicyclist riding on the sidewalk should be required to obey pedestrian traffic
control signals; and
Whereas, it is in the City's interest to adopt the ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Definitions,
Administration and Enforcement of Traffic Provisions," Section 1, entitled "Definitions," is
amended by adding the underscore text as follows:
Pedestrian: Any person traveling on public property on foot or a person using a pedestrian
conveyance.
Pedestrian conveyance: Any human-powered device by which a pedestrian may move
other than by walking or by which a pedestrian may move another person, including but not
limited to a wheelchair, stroller, skateboard, scooter, or other similar device. "Pedestrian
conveyance" also includes an electric personal assistive mobility device and any other device
used to move a person sitting or standing on the device regardless of whether the device is
powered by an electric motor, so long as the electric motor produces less than seven hundred
fifty watts. "Pedestrian conveyance" does not include a bicycle.
Vehicle: Every device in, upon or by which any person or property is or may be transported
or drawn upon a highway. "Vehicle" does not include: a) devices used exclusively upon
stationary rails or tracks; or b) any device moved by human power; and c) a pedestrian
conveyance.
2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 6, entitled "Pedestrians," Section 1,
entitled "Right of Way,"' Subsection A is amended by adding the underscore text and deleting
the strike through text as follows:
Where traffic control signals are not in place or in operation, the driver of a vehicle must
shall yield the right of way, slowing down or stopping if need be to yield to a pedestrian or a
person riding a bicycle crossing the roadway within any marked crosswalk or within any
unmarked crosswalk at an intersection, except as otherwise provided in this title.
3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 1,
entitled "Operation of Bicycles," Subsection Al is amended by adding the underscore text and
deleting the strike through text as follows:
Ordinance No. 24-4926
Page 2
All persons riding bicycles upon any street or sidewalk within the City must shall obey all
Traffic Ordinances and rules as to traffic lights and highway and street stop signs and must
be required to signal any change of direction or course of travel in the same manner as such
signals are required under the law governing the use of motor vehicles and must shall not turn
to the right or left in traffic except at regular intersections of streets, alleys or driveways.
Notwithstanding any provision herein, all persons riding bicycles upon a sidewalk must obey
pedestrian traffic control devices.
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 4th day of June , 2024.
r ( �
Aor Attest: #'> ,C(�
Cit Clerk
Approved by
L i
City Attorn 's ffice
(Sue Dule —05/16/2024)
Ordinance No. 24-4926
Page 3
It was moved by Dunn and seconded by Bergus that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Alter
x Bergus
x Dunn
x Harmsen
x Moe
x Salih
x Teague
First Consideration 05/21/2024
Vote forpassage:AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration
Vote for passage:
Date published 06/13/2024
Moved by Dunn, seconded by Alter, 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 second
consideration and vote be waived, and the ordinance be voted upon for final
passage at this time.
AYES: Alter, Bergus, Dunn, Harmsen, Salih, Teague
NAYS: None
ABSENT: Moe