HomeMy WebLinkAbout1997-06-03 Correspondence$T PPIIq UP PR OJECT
A University/Community Partnership to Reduce High Risk Drinking
Funded by
The Robert Wood Johnson Foundation/American Medical Association and The University of Iowa
May27,1997
Dear City Coancilors:
I ~vant to update you on the recent Stepping Up meeting. In light of the Riverlest alternative
party there was significant interest in foreting a task force to pro-actively address the issue of large off-
campus parties before they grow larger and more dangerous. The conunittee spoke of exploring the issues
of keg registration, party permits, noise ordinances, etc., in addition to working with students to set new
expectations for off-campus parties. I anticipate you will be hearing from the task force in the future.
I was pleased to see in the Press-Citizen that City is exploring local ordinances. Attached you
will find several ordinances that might be of interest to you. They are from Panes and address the issues
related to off-campus parties.
If you have questions please contact me at julie-phye~uiowa.edu or 335-1349.
Thaltic you,
J e Pl~y~~e '
cc Dale Helling
R.J. Winklehake
Julie M. Phye, Ph.D.
Project Coordinator
100 Currier Hall
Iowa City, IA 52242-1222
Phone/Fax: 319-335-1349
Email: julie-phye@uiowa.edu
EXCERPT FROM MUNICIPAL CODE, CITY OF AMES. IOWA
$CC. I
of the
in the
(Ord.
7.15. INTERFERING WITH HYDRANTS.
It is unlawful for any person, unless properly authorized, olher than an employee of the city, or a member
fire dcparhncnl in Ihe pcfformance of their duty, Io takes or[ or unscrew lhe cap from any water hydrani
streets or avenues of Ihe city, or interfere or meddle wilh such hydrant in any manner.
No. 812, Sec. 83: Code 1956, Sec. 76-83: Ord. No. 3003, Sec, 23, 2-23-88)
Sec. 17.16. MINORS PROHIBITED ON CERTAIN PREMISES. '..
(I) It shall be unlawful for the holder of a license or permit issued pursuant to the 'Iowa Alcoholic'
Beverage Control Acl' for premises where more than fifty percent (50%) orthe business conducted is the sale or .:
dispensing of alcoholic beverages For consumption on the premises, and for any person employed with respect t0
such premises Io knowingly pertnit or rail 1o take reasonable measures 1o prevent the entry onto such premises
of any and all persons who have nol yet attained the age of twenly-one. II shall be the duty of the licensec and-.
of the person or persons managing such premises to cause to be posted and maintained at all times an easily'
readable notice in the English language slating Ihat persons less Ihan 21 years of age are prohibited from entering
Ihc premises. ':
(Ord. No. 3116, 2-5-91: Ord. No. 3119, 2-16-91)
Itowever, the proviskms of subsection ~1) above shall not apply when: ·
(a) The underage person is an employee of Ihe license holder, or pcrfon'ning a toni[acted service
wilh respect to said premises, and is on Ihe premises during Iheir scheduled work hours.
{b) The underage person is accompanied by a parent, guardian or spouse who is of legal age
for the purchase of alcoholic beverages.
{c) The underage person is on the premises during a time thai the licensec has, in accordance
with a writlen notice and plan given in advance to tile Chief of Police, suspended dispensing alcoholic beverages
on the licensed premises or on a clearly delineated peri of Ihe licensed premises operated under a differentialing
trade name. II shall be the stricl duty of a licensec permitting such underage persons Ohio the licensed premises
pursuant to such a plan, and of all persons employed with rcspccl Io said premises, to prcvcnl underage persons
from consuming or possessing alcoholic beverages on said premises. Police officers shall be admitted to the
premises at any lime to monitor compliance wilh all applicable laws. Failure in that duty whether knowingly or
olherwise, shall be punishable as a violation of Illis section.
(d) Tile underage person is on the premises as a participant in a special event [or a non-profil
organixation, or in a banquet or ceremonial dinner for any organization, in accordance with a plan approved in
advance by the Chic[of Police. It shall be the ariel duty era licensec permitting such underage persons onto the
licensed premises, and of all persons employed wilh respect Io said premises, to prevent underage persons from
cousuming or possessing alcoholic beverages on said premises.
(e) The underage person is on tile premises during specified posted hours that the licensec does
its business primarily in Food sales, in accordance with a plan approved in advance by the Chief of Police. To
receive plan approval, a licensec shall be required lo demonsIrate that lhcre is a clearly definable patlern of
daytime hours during which more than 50% of the business' sales are food. It shall be the strict duty of the
licensec, and of all persons employed wilh respect to said premises, to remove all underage persons from the
premises before the start of restricted admission hours each day, and it shall be Ihe strict duty of the licensec
permitting underage persons onto Ihe premises, and of all persons employed wilh respect to said premises, to
prevenl underage persons From consuming or possessing alcoholic beverages on said premises. Failure in these
duties, whether knowingly or otherwise, shall be punishable as a violation of this section.
(Ord. No. 312I, Sec. 1.3-5-91: Ord. No. 3154. Set:. 1, 12-17-91: Ord. No. 3214. Sec. I. 1-26-93: Ord. No.
3269. Sec. I. 3-22-94)
(3) It shall be unlawful for any person who has nol ycl attained the. age for lawful purchase and
possession of alcoholic beverages to go onto such premises as are described in subsection (I) excepl as is provided
for by subsection (2).
(4) Any person violating this section shall be guilty of a simple misdemeanor.
Supp #17/1990 Code
7-4 Rev. I 0-1-94
. (5) Minors Prohibited on Premises at Nude Perfor,nances. Persons under the age of 18 years shall not
lend any live enlcrtainmcn~ or performance presented for commercial purposes, that consism in whole or in part
~persons exposing human senitalia, human buttocks, or Ihe human female breast nipple. No person shall
~;. ~c~pate in presenttug such entertainment to a person under tim ago of 18. Persons in violation shall be guilty
~.a municipal infraction punishable by a civil penalty o1'$30.00 for a first offense, $100.00 for a second offense,
~'.d $200.00 for a, third and cach subsequent offense.
.~.Or~d. No. 2700, Sec, 2, 1-16-79; Ord, No. 3003. Sec. 24. 2-23~88:,~).rd. No. 3033. Sec. I. 1-24-,79: Ord. No. 3039,
~c,~. 1, 2-17-89; Ord. No. 3046. Sec. I, 5-9-89: Ord. No. 3052, Sec'. I, 6-27-89; Ord, No, 306& See', I & 2. I-9-
~, t3'd. No. 3289. Sec. I~ 8-23-94)
17.17. CONSUMPTION IN PUBLIC PLACES; INTOXICATION.
· ::? II is unlawful for any person to use or consume alcoholic beverages, wine or beer upon the public streets
highways of the City of Ames, or consume any alcoholic beverage in any public place, cxccpt prcmiscs covered
l',.valid liquor control license. Any person violating this seelion shall be guilty of a simple misdemeanor.
No. 2700, Sec. 2, 1-16-79: Ord. No. 3003, Sec. 25, 2-23-88)
18. BEER AND LIQUOR SALES BY AND TO YOUNG PERSONS.
'(I) It shall be the duty of persons who sell beer and alcoholic beverages, and of their employees, to
, and examine satisfactory evidence of the purchaser's age if that person appears to be under Ihe legal age
purchase, before selling, giving or olherwise providing beer or alcoholic beverages 1o such person.
Persons under the legal age for purchase of beer or alcoholic beverages shall not purchase or attempt
beer or alcoholic beverages, except when acting with the knowledge and authorization of the Ames
lepartment in the course of a law enforcement investigation.
.: It shall be unlawful for any person Io:
(a) manufacture, make, possess, ~ell, give, or distribule any False or altered document to tnisslale
to indicate that such person is old enough Io lawfully purchase alcoholic beverages when Ihey have
Ihal age.
;, -(b) manufacture, make, possess, sell, give, or distribute any documenl to misrepresent the identily
as someone old enough to lawfully purchase alcoholic beverages when such person has not yet attained
303& Sec. I, 2-14-89)
,~'::.' Any person violating this section shall be guilty of a simple misdemeanor.
Sec. I, 2-26-80: Ord. No. 2919. Sec. 1, 2-26-85: Or& No. 3003, Sec. 26, 2-23-,78)
l.l' INDIRECT SALE OF ALCOHOLIC BEVERAGES.
of any goods or services, or the charging of an admission fee as a condition Io parlaking in
wine or other alcoholic beverages is prohibited unless done wilh respect to premises licensed
Beverages Division of Ihe Iowa Department of Commerce.
Sec. I, 2-14-89)
NTOXICATION.
who is intoxicated or simulating intoxication in a public place within the city is guilty of a
Code 1956, Sec, 76-38; OrrL No, 2392, Sectiota' I, 2, 2-15-72) [State Law Re./J Iowa
(2)
Payment may be made by depositing the required amount in the no-
tice envelope and placing the envelope in one of the special con-
tainers provided for that purpose or by paying the amount due to
the City of Ames Finance Department. Payment must be received
in the Finance Department within the designated time. Placing pay-
ment in a drop box, the U.S. mail or any other method of paying
does not constitute receipt in the Finance Department. For pur-
pose of receiving such payments the director of the City of Ames
Finance Department shall be designated a deputy city clerk. If
such payment is not received in the finance department within
thirty (30) days of the date of violation, the violation may also
be charged and processed before the court the same as other traf-
fic violations.
(3)
This section notwithstanding, a violation of any parking regula-
tion contained in this chapter may be charged and processed be-
fore the court the same as other traffic violations.
(Ord. No. 2607, Sec. 2, 6-21-77)
(4)
Any vehicle parked in a location controlled by an operating park-
ing station device shall be illegally parked unless a valid park-
ing receipt is clearly visible on the dashboard from the front of
the vehicle, as specified in Sec. 18.1(6). Any vehicle parked in
a location controll&d by an operating' parking station device which
displays a valid parking receipt shall be subject to an overtime
parking violation upon expiration of the time indicated upon the
parking receipt.
~Ord. No. 2980, Sec..I, 6-30-87)
See. 18.8 PRESUMPTION AS TO RESPONSIBILITY FOR PARKING
It shall be the duty of every registered owner of a vehicle to
insure that said vehicle does not park contrary to the lawfully enacted
and promulgated parking regulations of the City of Ames, Iowa. It
shall be presumed, unless evidence to the contrary is presented, that
the registered owner of any motor vehicle parking in violation of the
parking regulations of this chapter is responsible for said vehicle
being so parked.
(Ord. No. 2607, Sec. 2, 6-21-77)
DIVISION II
PARKING PROHIBITIONS APPLICABLE CITY WIDE
Sec. 18.9 FORTY-EIGHT HOUR PARKING PROHIBITED
It is unlawful for any person to park any vehicle and to permit
the same to remain standing continuously and in one place for a period
SUPP. 8/1990 CODE 18-7 July 1, 1992
of more than forty-eight hours upon a city street or municipally owned
or leased parking lot or upon any other public thoroughfare in the City
of Ames.
(Ord. No. 2684, Sec. 2, 10-3-78)
Sec. 18.10. MANNER OF PARKING
(1) Parallel parking
(a)
By curb. Except where angle parking is permitted by this
chapter, every vehicle stopped or parked upon a roadway
where there is an adjacent curb, shall be so stopped or
parked with the curb side wheels of such vehicle parallel
with and within eighteen inches (18") of the curb and not
placed closer than four feet (4') end to end from another
vehicle.
(b) On streets without curb. Vehicles parked on streets withour
curbs shall be parked parallel to the center line of the
street with no portion of the vehicle closer than twelve (12)
feet to the center line of the street.
(Ord. No. 843, Sec. 196; Code 1956, Sec. 25-96)
(c) Direction of vehicle. Every such vehicle shall stop or park
with the front end of the vehicle headed in the same direc-
tion as vehicles may lawfully travel in the adjacent lane of
the roadway.
(2) Angle parking
(a)
On streets and parking lots set aside by this chapter for
"angle parking" vehicles shall be parked at an angie with the
curbline as marked on the street or parking lot surface and
the nearest front wheel of such vehicle shall not be more
than twelve (12) inches. from the curb.
(Ord. No. 843, Sec. 200; Code 1956, Sec. 25-100)
(b)
No part of any vehicle or the load thereon when parked with-
in an angle parking district shall extend into a roadway more
than a distance of eighteen (18) feet when measured at right
angles to the adjacent curb. No vehicle exceeding twenty
(20) feet in overall length shall park in an angle parking
district or parking lot.
(Ord. No. 843, Sec. 199; Code i956, Sec. 25-99)
(c)
Angle parking is permitted on streets o~ portions of streets
as indicated in Sec. 18.31.
(Ord. No. 2980, Sec. 1, 6-23-87)
SUPP. 8/1990 CODE 18-8 July 1, 1992
or services, e.g. newspaper carriers, lawn services, cable televi-
sion service, dairy product delivery service.
(8)
The provisions of this section do not apply to community based
non-profit groups, that is, service clubs, social groups, school
groups, youth organizations, religious or non-profit eleemosynary
organizations that have regular meetings of members in the City of
Ames and garage sales.
(9)
Persons found or reported to be peddling or soliciting as afore-
said without the registration and identification badge shall be
ordered by the police or representatives of the office of the City
Manager, City Attorney or City Clerk, to cease until they have
such badge.
(Ord. No. 2981, Sec. I, 7-7-87)
(10) The aforesaid registration badge shall be valid for sixty days
from its date of issuance.
(11) No person shall engage in the activities described in subsection
(~) above between the time of sunset and sunrise.
(12) Persons obtaining the registration badge pursuant to th/s section
shall pay such fee as the Ames City Council shall set, from time
to time, to cover costs of administration and enforcement of the
provisions of this section. When three (3) or more businesses
intending activity described in subsection (2) (Transient Mer-
chants) are brought together at one place under the auspices of a
non-selling organization thai performs the required registration
tasks for each of the persons to be so engaged, and brings that
completed material to the City Clerk in advance. of the selling
event, only a single registration fee shall be charged, and photo~
graphs shall not be required. When persons as afdresaid come
together at one place under the auspices of an organization exempt-
ed by subsection (8), no registration or fee shall be required.
(Ord. 2974, Sec. 1, 5-5-87; Ord. 2979, 6-23-87J
Sec. i7.27. BEER KEG PARTY REGULATIONS
(1) Permit Required. It is unlawful for any person other than a li-
censed beer permit holder on licensed premises to hold an event
where more than One beer keg tapper is to be' used at or about
the same time without first obtaining a perthit from 'th'e Ames Chief
of Police or the Chief's designee. A beer keg tapper i~ any appa-
ratus used to draw or remove beer from a keg'.! Said permit may
be obtained only by a natural person. Issdance of the permit will
allow dispensing of beer from not more than t~vo tappers concur-
rently. The permit shall not be issued to corporations, associa-
tions, or. groups of people. Said permit must be obtained' at least
twenty-four hours before' the event. Any person .seeking Such
SUPP 6/1990 CODE 17-28 Jan. 1, 1992
permit shall make an application, on such form as the Chief of
Police may provide, stating:
(a) The name and address of the applicant.
(b)
The name and address of the person, group, organization or
association sponsoring the event if different from the appli-
cant.
(c) The date and time and location of the event for which the
permit is desired.
(d) An estimate of the number of persons anticipated to attend
the event.
(e) Any oth. er information which the Chief of Police shall reason-
ably find necessary to a fair and proper determination of
whether the permit should be issued.
(Ord. No. 3040, Sec. I, 3-28-$9)
(2) Standards. The said permit shall not be issued unless the Chief
of Police finds that: ' . ..
(a) A sufficient number of trash receptacles will be provided on
the site of the event.
(b)
One restroom/toilet facility, either permanent or temporary,
will be provided on the event site for .each fifty (50) per-
sons expected to attend the event.
(c)
The site of the event, if out of doors shall be clearly mark-
ed, and roped off or otherwise contained within limiting
boundaries.
(d)
The application is signed by an adult person who knowingly
assumes full responsibility for meeting the requirements of
this section, and for the event itself.
(e)
The permit fee in the amount that shall be set by the City
Council from time to time to cover costs of administration
and enforcement, has been paid.
(f)
That the proposed event will not unreasonabiy interfere with
or detract from the general public or private enjoyment of
the neighborhood where the event is to be held.
(g)
That the proposed event will not unreasonably interfere with
or detract from the promotion of the public health, welfare,
safety and recreation.
.... ~" ~ Jan. 1, 19.92
(6)
sale o£ beer. The issuance of a permit under this section shall
not constitute any advice or assurance that the event will be in
compliance with Iowa law or other city ordinances.
Revocation. The Chief of Police may, after notice and opportunity
to correct the problem, revoke a permit and order the event to
cease forthwith upon findinE of a violation of this section, or
any other law pertaining to the event, or upon reasonable cause to
believe that the event is oceasioning an unreasonable risk of harm
to persons or property.
(7) Vehicular Keg Carriers Regulated. It shall be unlawful for the
owner or 6perator of any vehicle upon or in which more than one
keg of beer can b8 used to dispense beer to fail to notify the
Police Chief at least twenty-four hours in advance of said vehi-
cles use for ~he dispensing of beer. Said owner or operator shall
also advise. the Police Chief of an estimate bf the number of such
kegs to b~ .dispensed.
(Ord. No." 3041, Sec. 1, 3-28-89)
(8) Keg Limits. Not more than two kegs may be ta~ped at once. The
number of kegs on the premises during the event sh~all not exceed
the number' determined 'from the following matrix:
lord. No. 3041, Sec. 1, 3-28-89)
~"~ c,/199a '~'~'. 17-3l Jan. 1, 1992
However, the number of said kegs at the event shall not be more
than ten without the expressed prior authorization of the Ames
City Council.
(Ord. No. 304i, Sec. i, 3-28-89)
(9) Pre-Party Inspection Required. At the time the permit is applied
for the applicant shall specify the times that the event will
beg-in and end. The applicant shall at that time arrange when the
police department may make a pre-party inspection to determine
that all preparations have been made in accordance with the appli-
cation and the requirements of the 'city code. At the time of the
pre-party inspection all kegs to be used shall be at the site to
be marked or tagged for identification by the police. It shall be
a violation to have a keg not so marked on the site during the
event.
(Ord. No. 304I, Sec. I, 3-28-89)
(10) Violation of this section shall constitute a simple misdemean-
or punishable 'by a fine of not more than $100 or imprisonment for
not more than thirty days.
(Ord. 2986, Sec. 1, 9-22-87; Ord. No. 3003, Sec. 30, .2-23-88; Ord. No.
3041, Sec. i, 3-28-89)
Sec. 17.28. SKATEBOARDS PROHIBITED IN CERTAIN LOCATIONS.
In the area bounded by the south line of Lincoln Way on the
south, the north line of Sixth Street on the north, the east line of
Duff Avenue'on the east and a line .along the westernmost edge of
Pearle Avenue extended north to the north line of Sixth Street and.
south to the south line of Lincoln Way, the riding o~ use of skate-
boards and sire'ilar devices is prohibited in Or on any part of public
streets, alleys, sidewalks or parking areas, and in or on any part of
any public building or public property. :
(Ord. No. 2991., Sec. 1, 10-20-87; Ord. No. 3014, Sec. 1, ?-5-88; Ord.
No. 3054, Sec. i, 6-27-89; Ord. No. 3059, Sec. i, 8-22-89)
See. 17.29. SNOWMOBILES RESTRICTED.
The operation of snowmobiles on any pi~oper. ly of the City
Ames, including parks operated by the. city, or on any part or portion
of the right-of-way of any public street, alley, highway, road, or
bicycle path, including the crossing thereof~ is probiblical except
such places in city parks as shall be authorized by the Parks and
Recreation Commission, .and such other places as may be expressly
authorized by the City Council. To the extent allowed by the laws of
the State of Iowa, snowmobiles may be used for emergency purposes
anywhere, anytime.
(Ord. No. 3009, Sec. i, 4-12-883
c~po ~/19.q0 CODE 17-33 Jan. 1, 1992
CHAPTER 16
NOISE CONTROL
Sec. 16.1, PURPOSE,
It is the purpose of this ch'apter to prevent excessive sound which
is a serious hazard to the public health and welfare and to the quality
of life in the City of Ames.
(Ord. No. 2608, Sec. 1, 6-28-77)
Sec. 16.2. DEFINITIONS.
All terminology used in this chapter and not defined below, shah
be in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body.
(1)
A weighted sound level (sound level) means the sound pres-
sure level in decibels as measured on ~/ sound level meter
using the A weighting network. The level so read shall be
designated dB(A) or dBA.
(2) Deeib'el means a logarithmic and dimensionless unit of measure
often used in describ. ing the amplitude of sound. Decibel is
denoted as dB.
Emergency work means work made necessary to restore prop-
erty to a safe condition following a public calamity, work to
restore. public utilities, or work required to protect persons
or property from an imminent danger.
(4) ,Emergency vehicle means a motor vehicle used in response to
a (public) calamity or to protect persons or property from
imminent danger.
(5) Gross' vehicle weight means the value specified by the manu-
facturer as the loaded weight of a vehicle,
(6) Person means any individual, association, partnership, corpo-
ration or officer thereof.
(7)
Sound means a ~emporal and spatial oscillation in pressure, or
other physical quantity, in a medium with internal forces that
causes compression and rarefaction of that medium, and which
propagates at finite speed to distant points] '
(8)
SUPP. 4/1985 CODE
Sound level meter means an instrument, including a micro-
phone, am. plifier, output meter and weighting networks, that
is sensitive to pressure fluctuations. The output meter reads
sound pressure level in decibels when properly calibrated and
the instrument is of Type 2 or better as specified in American
National Standards Institute Publication SI. 4-1971, or its
successor publication.
(Ord. No. 2608, Sec. 1, 6-18-77)
J'uly 1, 1986
Sec. 16.3. MEASUREMENT OF NOISE AND SOUND.
The measurement of sound or noise shah be made 'with a sound
level meter meeting the standards prescribed by the American National
Standards Institute. The instruments shah be maintained in calibration
and good working order. A cahbration check shah be made of the
system at the time of any noise measurement. Measurements recorded
shah be taken so as to provide a proper representation of the noise
source. The microphone during measurement shah be positioned so as
not to create any unnatural enhancement or diminution of the measured
noise. A windscreen for the microphone shah be used when required.
The measurement shall be an A weighted, slow response: sound level.
(0rd. No. 2608, Sec. 1, 6-28-77)
Sec. 16.4. TEST MEASUREMENT AND REQUIREMENTS FOR DETERMI-
NATION AND CLASSIFICATION OF SOUND.
(1)
No person shah engage or participate-in the making and
creating of an excessive or unusually loud sound within the
city heard and measured in the manner. prescribed below,
except when done under and in compliance with a permit
issued pursuant to this chapter.
(2)
It shhH be the duty of persons in a position of ownership,
possession. or control' of premises to prevent such premises
from being the site of activities producing sound levels in
excess:of what is permitted under this chapter. Fafiure or
refusal to perform ~uch duty shall constitute a violation of
this section. ,
(3)
(4)
It shall be the duty of persons in positic~s of leadership or
responsib{lity with respect to unincorporated associations,
groups, gatherings and assemblages of people to prevent such
from causing or making sound levels in excess of what is
permitted', under this chapter. Failure or refusal to perform
such duty shah constitute a violation of this section.
For the purpose of determining and classifying any sound as
excessive or unusually loud, the following test measurement
and requirements are to be applied:
(a)
The sound shah be measured at the edge of the city
street or alley right-of-way reasonably appearing to be
nearest to the Source of the sound. When a complaint is
received, a measurement may also be taken at a location
on the property where the complaining party was dis-
turbed. ~
(0rd. No. 2946, Sec. 1, 4-15-86)
(b) The sound shah be measured on a sound level meter of
s~andard design and quality operated in tt{e "A" slow
response weighing scale.
SUPP. 4/1985 CODE 16-2 July 1, 1986
·
A sound measured or registered in excess of the m~xi-
mum permitted levels according to the following table, is
declared to be excessive and unusually loud and is
unlawful.
NeiKhborhood Characteristic
Maximum Permitted
Residential
Commercial
Industrial
60 between 7 a.m. to Midnight
.55 between Midnight to 7 a.m.
65
8O
(Ord. No. 2608, Sec. 1, 6-28-77; 0rd. No. 2848, Sec. 3, 5-3-83)
Sec. 16.5, VEHICLE NOISE LIMITS.
It shall be unlawful for any person to operate or for the owner to
cause or permit to 'be operated within the public right-of-way in this
city, any motor vehicle which emits a noise in excess of the dB(A) level
established in this section.
(1) The maximum allowable noise levels for motor vehicles shall be
75 dB(A) measured at a distance of twenty-five feet. '
(0rd. No. 2946, Sec. 2, 4-15-86) .
(2) This section applies' to the total noise from a motor vehicle
'and shall not be construed as limit'mE:' or precluding the
enforcement of any other provisions of this ordinance.
No person shah modify the exhaust Cystera of a motor vehicle
or any. other noise abatement device of a motor vehicle or
operate' any such 'vehicle or device in this city in a manner
that the noise emitted by the motor vehicle is above that
emitted by' the x/ehicles as originally manufacti~red. Muffler
cutouts, by-passes, or other devices which increase sound
emitted ~hall be unlawful. ~
(4)
The sound shall be measured on a sound level meter of stan-
dard design and quality operated on the "A" slow response
weighting scale.
(0rd. No. 2608, Sec. I, 6-28-77; 0rd. No. 2848, Sec. 1, 5-3-83)
Sec. 16.6. PERMITS.
Applications for a permit for relief. from the provisions of this
ordinance may be made to the city manager, or a duly authorized repre-
sentative, pursuant to the following procedure: ,
All permits must be applied for in writing during normal
business hours stating what devices are to be employed,
where they are to be employed, on What date(s) and at what
times of day they are to be used, the nature 'of the sound~ to
be produced or amplified and the number of people in atten-
dance, · and the persons responsible for the activity.
SUPP. 471985 CODE 16-3 July 1, 1986
(2)
Permits granted shall state with reasonable ,specificity the
date(s), location(s), time(s), nature of the sound, devices
permitted, number of people in attendahce, and the persons
responsible for the activity.
(8)
Permits shall laot be arbitrarily or unreasonably withheld nor
shall the free expression of ideas or lawful speech be re-
strained, but sound and noise producing cond.uct having no
communicative .value and servinM only to unrea.sqnably disturb
and disrupt the enjoyment of residences'and normal pursuits
shall be restrained.
(4)
The city manager may prescribe any conditions or require-
ments deemed necessary to minimize adverse effects upon the
community or the surrounding neighborhood.
(0rd. No. 26..08, Sec. 1, 6-28-77)
Sec. 16.7. MAXIMUM SOUND TO BE PERMITTED. _
When a permit has been issued pursuant to this chapter the sound
levels listed in the following table shall be the maximum levels permit-
ted:
Sound Level Limit in dB(A)* 'Duration
80 24 hours
83 12' hours
86 6 hours
89 3 hours
90 1.5 hours
The above stated duration for each sou.nd level shall not be exceeded.
The so~/hd level shall be measured in the same manner as set out in
Section 16.4(4)..
(0rd. No. 2608, Sec. 1, 6-28-77; 0rd. No. '2848, Sec. 2, 5-3-83;
0rd. No. 2946, Sec. 3, 4-15-86)
Sec. 16.8. EXCEPTIONS.
The requirements, prohibitions, and terms of this chapter shall not
apply. to emergency work or to. any authorized emergency vehicle, when
responding to an emergency call or acting in time of emergency. The
terms of this section shall not apply to those activities of a temporary
duration, permitted by law and for which a license or permit therefor
has been granted by the city, including but .not limited to parades,
fireworks displays, and the outdoor warning system. Also excepted are
nonprofessional athletic contests and all construction work.
(Ord. No. 2608, Sec. 1, 6-18-77)
SUPP. 4/1985 CODE 16-4 July 1, 1986
Sec. 16.9. PENALTY.
Any person who violates any provision of this chapter shall ,be
guilty of a simple misdemeanor.
{Ord. No. 3003, Sec. 13, 2-23-88)
SUPP. 10/1985' CODE
16-5
Apr. 1, 1988
COUNCIL MEMBERS
May 26/ 9?
I have asked for the dismissal of the Chief of Police and an Iowa
City F'olice Officer. Here are some of the reasons. Chief
Winkelhake failed to act on the warning he was given by the Dodge
Cleaner incident in which one of his officers entered through an
unlocked door and pulled a gun on the manager who came downstairs to
investigate the noise. This incident provided a clear warning that
his officers were putting citizens in grave danger by entering with
guns drawn through unlocked doors without warrants wihout thinking
and without notice of entry. If Chief Winkelhake says that he was
not aware of ti~e dangerous nature of this incident~ that admision in
itself is good evidence of his failure as a leader. This policy of
entering businesses with guns drawn anytime a door was found open is
so obviously dangerous that I can not understand why an officer of
the law would do it, and why a police chief would even need a
warning to see the danger and take steps to make sure it did not
happen. The council knows that this was not always the policy of
the Iowa City Police. So far as I knew the police were still
following the safe open/ unlocked door procedures used some years
back when I left a door open at Iowa Vending (these procedures also
made it safer for the officers). One of the most daming facts which
the chief has admitted is that he had not written down the
procedures his officers were supposed to follow when they found an
open door- this sloppiness alone was bound to lead to officers
inventing and reinventing their own procedures~ bound to lead to
horribly dangerous excesses. Winkelhake simply did not take steps
to ensure the safety of citizens- he had no procedure in place to
identify officers who pointed guns at people unnecessarily~ or who
pulled guns too frequently, and no procedure to identify dangerous
practices of individual officers. If someone in private industry
failed so miserably in the critical functions of his office, he
would have been fired immediately.
Some of the chief's statements made in the aftermath of our son's
killing are also indicative of poor leadership and an almost total
failure to understand the horror of this killing. Chief Winkelhake
said immediately after the shooting that he saw no reason to change
the procedures followed by his officers. Public pressure helped him
see that need two weeks later. The Chief pronounced that he could
find nothing wrong with anything his officers did in the minutes
leading up to the shooting, except that Kelsay did not have on his
bullet proof vest. The chief told the council that Gillaspie pulled
his gun only twice in 96, the first time only an hour before he shot
our son. Is the chief unaware of Gillaspie's testimony to the DCI
that he pulled his gun about 20 times that year?
One of the most appalling aspects of this killing is that the man
whose reckless disregard for safety set the death trap in motion
which killed Eric has not received even the slightest reprimand or
even the slightest public censure. I have heard it reported that
Kelsay told Gillaspie and Zacharias that he thought he had a burglar
inside- on what did he base this, an open door? Has he read the
police training manuals? As to Kelsay statement that he saw pry
marks on the door, Council members must be suspicious that Kelsay
lied because there are no marks on that door. County Attorney White
called this statement a stretch- he was being kind, and careful.
Kelsay saw things that weren't there but failed to notice the
obvious, that the door had been opened with a key (the deadbolt was
in). Kelsay failed to consider that a burglar would not be very
l ikel,v to leave the door open in order to attract the attention of
the police, but that the owner or an employee of the business in
Iowa City prior to Aug 30 would not have had those concerns (I left
the door open earlier that night for severat minutes as I was
preparing to leave). The chances that these officers would
encounter an innocent citizen were thousands of times greater than
that they would encounter a burglar. Let's also keep in mind that
killing unarmed bur91ars is a~ainst the law, and that several
private citizens have been prosecuted around the country for killing
unarmed intruders without first taking non lethal steps.
The council should also be very suspicious of Kelsay's statement
that he did not see Gillaspie's actions in the seconds before he
fired his gun. Just what did Kelsay, who had only a second earlier
motioned impatiently for Gillaspie to go on it, find more
interesting that diverted his attention. The council has to be
suspicious that Kelsay lied to avoid having to describe Gillaspie's
movements. If Kelsay was forced to say that Gillaspie moved to an
upright position, took a step back, raised his gun arm, aimed and
fired- all actions which are contolled by the voluntary nervous
system, it would contradict Giltaspie's statement that he did not
intend to fire his weapon.
The council also has to ask why Kelsay said that he should not have
to see this, referring to Eric's mother crawling in the alley toward
her dead son? Why would a police officer be concerned about his own
discomfort in such circumstances, especially an officer whose
actions had just led to that killing? Officer Kelsay said right
after the killing that it was just the luck of the draw, nothing he
or Gillaspie could have done to prevent it, that if he had to do it
over again, he. could find nothing that he would do differently.
Does council really want such a man on the Iowa City Police force?
The council must also find out which officer told my wife to stop
laying in the dirt! This too shows a calousness that is not
acceptable in our off icers.
Kelsay has responsibility in this killing- I can not understand why
he is still carrying a gun in this city that our son loved. The
fact that Chief Winkelhake did not censure Kelsay, did not seek his
dismissal, is another reason to ask for the resignation of Chief
Winkelhake.
Thank You Jay Shaw
GETTING AWAY WITH MURDER
When a man intentiona]ly kills a man, and there ~s no
justification, it is murder. Gillaspie has stated that he did not
intend to kill our son, that he flinched, bL.~t a flinch is an
unpurposful jerking of muscles- a flinch can not move a man to an
upright position, raise his arm, aim his gun, and only then pull his
trigger finger with 14 lbs of pressure. Gillaspie reacted to a
threat that existed only in his own mind- he killed first, checked
for danger later. Intent to kill is obvious- even White admitted,
on tape, on a local radio talk show, and on the Today Show, that
Gillaspie intended to pull the trigger.
As to justification, what possible reason could Gillaspie give
for killing our son as he sat facing the doorway in his brightly lit
shop talking on a tan colored phone which had a 12 foot cord
attached. Kelsay and Gillaspie had absolutely no reason and no
legal justification to enter Eric's shop with their guns drawn.
According to their own testimony there was no report of suspicious
activity, and they heard nothing and saw nothing inside that could
have aroused their suspicion. Yet they attempted an illegal entry
which was reckless and dangerous in the extreme. A killing which
results from illegal and reckless actions can not be called an
accident. Nor can these officers claim self defense because there
was nothing to defend themselves against.
Our son was murdered and everyone knows who did it, yet Pat White
refused to prosecute. Evidence that would unquestionably convict
anyone else of a crime all too often does not even result in a
prosecution of a police officer- consider that a video of 5 officers
repeatedly beating Rodney King was not enough to convince a Los
Angeles prosecutor or Grand Jury to charge these officers. When we
fail to prosecute the police we give them a license to commit
crimes, even a license to k~ll.
But the Rodney King video did outrage millions of people. The
question in Iowa City is why would people be outraged when a man is
beaten by police officers~ but not be outraged when a completely
innocent man is murdered by police officers? The answer is of
course video- a video is more powerful than words because it is much
more difficult to lie your way past pictures, and because a video
keeps i{s shock value longer than words and can be shown over and
over again.
In my mind and my wife's mind there is a video of these officers
murdering our son- it will be with us all our lives. I have been
trying all along to create that video in your minds too, to make you
see the images of Kelsay hurrying around outside the well lit
building, ignoring Eric's van parked right outside the shop,
spending only a few seconds listening at the door, failing to notice
that the door had been opened with a key, glancing through the alley
window, and running out to the street to flag down Gillaspie and
Zacharias- I want all of you to watch the 49 second horror video of
Gillaspie parking his cruiser, talking over. entry plans with Kelsay,
instructing trainee Zacharias on what to do~ checking his bullet
proof vest, walking to the shop, getting his gun out and checking
it, hesitating for one split second outside Eric's door and saying
to Kelsay "but there are lights on in there", shoving the door open
after Kelsay motions impatiently for him to go on in, and moving to
an upright position and raising his gun and aiming and firing a
bullet through our son's heart. We should not have to be the only
ones forced to watch' the horrible images of police officers skulking
around outside Eric's shop, and the concurrent images of our son
innocently talking on the phone to his best friend, totally unaware
that he is about to be murdered by police officers in his shop where
he has felt himself to be safe for 12 years; you too should hear
Eric's startled voice say "what's going on" as his door is kicked
open, and see the fear in our son's face as he looks up in horror at
a cop with a gun pointing at his heart; you too should hear that
gun shot echoing forever in Eric's shop, feel the bullet tearing
into his body, see the phone falling to the floor, hear Eric's
screams as he falls, and see the blood pouring out of the wound in
Eric's chest; I want you to see Kelsay move e~ critical piece of
evidence, and turn out the lights. I want to force you to hear
Eric's friend telling us that something terrible has happened in
Eric's shop, that he has heard a gun shot and screaming and gasping,
then the sounds of police officers. I want to force you to listen
as the Iowa City police interrogate Eric's friend over a period of
several hours without telling him that a police officer fired the
shot he has heard; I want you to hear Eric's friend ask several
times how did the police get there so fast, and then hear the
silence from the police. I want you to hear Kelsay say that he
should not have to see this- referring to Eric's mother crawling in
the alley toward her dead son; I want you to hear a police officer,
almost certainly Kelsay, say to Eric's mother, "stop laying in the
dirt". I want you to experience first hand that these officers were
not arrested, were not sequestered, that they were allowed to talk
to each other, that their official statements were not taken until
two weeks later, and that contradictions between statements they
made that night and their "official" state~,ents were ignored by Pat
White; I want you to hear Kelsay and Gillaspie begin lying to avoid
the punishment that would certainly come to anyone except a police
officer. It will take courage e~nd imagination to really see these
horrible things, to experience them as we do every hour of oL~r
lives. Please look at this "video" and see what these officers and
those who are protecting them have done- they do not deserve your
sympathy. Once you have played this "video" over in your minds a
few times~ YOU TOO WILL BE HORRIFIED AND OUTRAGED!~ and you ~ill
insist that Kelsay and Winkelhake be fired, and you will insist that
Justice be done for our murdered son. .]my Shaw
noA ~q~ ~o pa~eqse am~ s~q~ ~o a~e~ mq~ u! ~Ual~S poo~s a^eq
no~ ~o Lt~ a)l~ o~ ~e~4od eq~ a^~q pLno~ eq esn~aq e~mq e~a~ u[o~u~q
qs~ I ~oq ~po9 ,,"stenp~^~pu~ e~s^~d uee~eq a~s eq~
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aq ~ou ~t~qs ~sa~nz~es pue saq~ees etq~uos~a~un ~su!~e
pue ~s~eded ~sasnoq ~suosded ~!aql u! a~n~es aq o~ atdoad
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a~q[a~u!M 'am~od ~o suo!~!sod ~!eq~ ~o~ paa!~ eq a[q!suodsa~
eq~ ~q~ ~s!su! ua^a ~ou ttl~ Aaq~ ~eq~ sn ~noqe pus ~uos paaap~ne
uno ~noqe pu~ ~t!q~uno22~ ~oq~ at~!t os m~e= ~= s!q~
pue tl~uno2 s!q~ ~sq~ ~ou::l o~ ~o~oq ~ s! ~! pu~ ~uos ~no pa~ep~n~
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uaq~ pue ~atdoed lue~ouu! ~u![[!~t olu! sa^[aseeq~ e~2s pue
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aq~ u; pue ~ap~n~ q~ A~e ~a6 u~= m=![od e~aq~ HIMS] NO
e o~ so pmu~apuo2 ssq A~!2 s!q± "~aB~o~ o~ s~u~ &~!: s;q~ a~!~2
asoq~ pue ~sn ~o~ uos ano ~too~ oq~ ~astm tie a^oqe e~!t ~:a~oad
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ma^l[ ~no ~o ~se~ eq~ ~o~ 6u!u~oe A~a^a dn e;ts~ o~ pmu~apuo: a~e eM
ON2 I~NOM IVHI B~VblIH8IFI 3HI
FROM : BARNES MANAGEMENT
.1 O'W.A' C I T Y
.... iO. WA 'C ITY~;' ! OWA'
· '~.':. .~' 52.244:0064
· .. ". ".:,May 20~ i997
..'. ~.. :.:"..'.'.,'.' ,.Dear Ci.~.Co .uncil Members:
PHONE NO. : 31933788~S
Mag. 28 1997 03:12PM P1
Post-it~ Fax Note 7671 Date ~ Ipeges~ .~
..... :.;..!
· ..".": ". i".'. :.'.>'.'.'.>',
.... . '/':.~:lijU'hoti.'on'with iowa Arts. Festival. xsal.n thisye~ we hawa varlety ofactiVlties andewen{.~.
· .Becau's~ Of the pop,clarity. Of the dunk tankin the p~st,'we again plan to offer this activkv :We are/:. ....
.:.?':'. ':' :q'asked'to commit to one tlmc pi~ri'od!(20.minutes total), between '10 lLm. and 3 p.m.
....,... .~. . . .. . . .... .':i' . .....:... '...'"..:
)' '/'. :'Attached is a sign-up sheet' for your.convenience. Pl0asc pick a time slot and FAX :the. ' h,l i 'ed' ' "i," .:.i....".!': (..
· .:D0.wnt.' own Association of Iowa City President
FROM : BARNES MANAGEMENT PHONE NO. : ~193378836 May. 50 1997 05:13PM P2
'·':·)'f) O'.:W:A'. C'JT y_
": "' .'"'::P.O~ B'ox 64 ..
..~OWA CITY; ~OWA
"'522.4'4-0064 ·
. ' (31.9) 3'54-'0863
:.:' .' ~... :
· . .F .~'I:N:Y'FUN DAY, ~ 14,
'..' :'])t]~: ?;~ac s[~-~ s~-m~T
1997
· ... :,':..: .. ..".'. :.. ::..'."
.' .. : · :.. :::'....
1997
/ Bill Summers
Field Director
Cedar Valley Ten'itory
· ~-
Heart
AmeriC~clation,.Q Asso
Fighting Heart Disease
and Stroke Iowa Affiliate
1652-42nd Street, N.E., Suite A
Cedar Rapids, IA 52402
Tel: (319) 378-1763
MAY 2 8 1997
CITY MANAGER'S OffiCE