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HomeMy WebLinkAbout1997-06-03 OrdinanceMay ,2~, DEVELOPMEHT & MANAGEMENT CO, Developers of Assisted Living and Quality Retirement Communities. Karin Franklin Director of Planning & Community Development 410 E. Washington St. Iowa City, IA 52240 Dear Karin, This letter is in reference to the resolution amending the Comprehensive Plan to increase the density from 2-8 dwelling units per acre to 8-16 dwelling units per acre for an approximate 2.38 acre area located at the northeast comer of Scott Boulevard and Lower West Branch Road. Concurrently with this resolution, the ordinance amending the Zoning Chapter by changing the use regulations from RS-5, Low Density Single-Family Residential, to OPDH-12, Planned Development Housing Overlay, for the same 2.38 acre property. I am writing that our second and third consideration be read together and voted on at the June 3rd City Council meeting. My company acts as the developer and the general contractor of the proposed Assisted Living facility. We hope to open the building by January of 1998. It is our concern that weather may be an issue and we would appreciate the two extra weeks that combining the readings would bring to our construction schedule. Thank you for your consideration of this matter. Please call me if you have any questions. Respectfully Submitted, Chad B. Cook V/P Development 706 N. Lindenwood Drive [] Olathe, Kansas 66062 (913} 782.3200 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. 97-3786 AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY 2.38 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD FROM RS-5, LOW DENSITY SINGLE- FAMILY RESIDENTIAL, TO OPDH-12, PLANNED DEVELOPMENT HOUSING OVER- LAY. WHEREAS, the applicant, Eby Development and Management Company, and the owner, Plum Grove Acres, Inc., have requested that the City rezone approximately 2.38 acres of property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road from RS-5, Low Density Single-Family Residential, to OPDH-1 2, Planned Development Housing Overlay; and WHEREAS, the applicant has also submitted a preliminary OPDH plan to allow the construc- tion of a 37 unit multi-family building for elderly housing on this property; and WHEREAS, the OPDH plan will allow for medium density development in an appropriate location which will not increase traffic on local residential streets; and WHEREAS, the OPDH plan includes architec- tural features and landscaping designed to be compatible with planned and existing residential development in the surrounding area; and WHEREAS, the Planning and Zoning Commis- sion has recommended approval of the pro- posed rezoning and preliminary OPDH plan; and WHEREAS, the City Council has considered and approved a resolution approving an amend- ment of the Comprehensive Plan to designate this property for medium density residential development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. That the property described below is hereby reclassified from its present classification of RS-5, Low Density Single-Family Residential, to OPDH-1 2, Planned Ordinance No. 97-3786 Page 2 Development Housing Overlay, and that the preliminary OPDH plan for said property is hereby approved; Commencin.q at the Northwest Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S OOd35'42" W, 2,091.50 feet along the West line of the Northwest Quarter (NW 1/4) of said section 7; Thence S 89d24'18" E, 50.00 feet to a point on the eastern right-of-way line of Scott Blvd., and also being the Point of Beninnin.q; Thence S 89d24'18" E, 250.00 feet to a point on the Corporate Limit Line for the City of Iowa City; Thence S OOd35'42" W, 492.40 feet to a point on the Northern right-of-way line of Lower West Branch Road; Thence N 57d39'1 8" W, 294.00 feet on and alohg the Northern right-of-way line of Lower West Branch Road to a point on the Eastern right-of-way line of Scott Blvd.; Thence N OOd35'42" E, 337.70 feet on and along the Eastern right-of-way line of Scott Blvd. to the Point of Be.qinnin.q, and containing 2.38 acres, more or less, and subject to ease- ments and restrictions of record. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of June ,19 97 CITY ppdadmin\scotblvd.ord Ordinance No. 97-3786 Page 3 It was moved by Norton and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick x Thornberry X Vanderhoef Thornberry that the First Consideration 5/20/97 Vote for passage: AYES: Lehman, Norton, Novick, Thronberr~v, Vanderhoef, Baker, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 6/11/97 Moved by Norton, seconded by Thornberry, 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: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None. Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 ORDINANCE NO. 97-3787 AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6, ENTITLED "ZONING CHAPTER," TO PROVIDE ELDER HOUSING ALTERNATIVES IN IOWA CITY, IOWA WHEREAS, older persons make up one of the fastest growing segments of the population; and WHEREAS, the increase in population is more dramatic for the more elderly persons, who typically require more assistive, personal care than the rest of the adult population; and WHEREAS, a range of elder housing alternatives may allow older people to live longer in less institutional settings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. City Code Title 14, Chapter 6, entitled "Zoning Chapter," is hereby amended, as follows: A. Article B, entitled "Zoning Definitions," is hereby amended by: 1. Repealing the definitions of "AGED" and "ELDERLY HOUSING" in their entirety. 2. Repealing the definitions of "ELDER," "ELDER FAMILY HOME," and "ELDER GROUP HOME," and incorporating in lieu thereof the following definitions: ELDER: A person at least fifty-five (55) years of age. ELDER FAMILY HOME: A private zero lot line or detached single-family residence managed and/or owned by a responsible party and offering a social living arrangement for at least two (2), but for no more than eight persons living in the residence, the majority of whom are elders, who are essentially capable of physical self-care. ELDER GROUP HOME: A zero lot line or detached single-family residence that is the residence of a person who is providing room, board and personal care for up to five (5) elders who are not related to the caregiver. Personal care in this case means assistance with the essential activities of daily living which the recipient can perform personally only with difficulty, and may include bathing, personal hygiene, dressing, grooming and the supervision of self-administered medications, but does not include the administration of medications. 3. Adding the following new definitions: ELDER APARTMENT HOUSING: A multi-family dwelling intended for use and occupancy by elders and persons with disabilities. ELDER CONGREGATE HOUSING: A residence for elders and/or persons with disabilities that contains separate apartments or rooming units grouped around shared, common living space. ELDER CONGREGATE UNIT: An apartment or rooming unit in an elder congregate residence. ELDER LIFE CARE HOUSING: A residential facility for elders and persons with disabilities that offers different levels of care, including a nursing home, in an elder congregate housing setting. RESPONSIBLE PARTY: A person, who resides in and provides room and board in an elder family home. The responsible party may be, but is not required to be, an elder. B. Article D, entitled "Residential Zones," Section 1, entitled "Rural Residential Zone (RR-1)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-1C5 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-1 C5 to allow elder family homes in the RR- 1 zone as a provisional use that is subject to additional regulations, as follows: 5. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-1 C6 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-1C6 to allow elder group homes in the RR-1 zone as a provisional use that is subject to additional regulations, as follows: 6. Elder group homes, subject to the requirements of Article L of this Chapter. Ordinance No. 97-3787 Page 2 C. Article D, entitled "Residential Zones," Section 2, entitled "Low Density Single-Family Residential Zone (RS-5)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-2C4 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-2C4 to allow elder family homes in the RS- ,5 zone as a provisional use that is subject to additional regulations, as follows: 4. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-2C5 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-2C5 to allow elder group homes in the RS-5 zone as a provisional use that is subject to additional regulations, as follows: 5. Elder group homes, subject to the requirements of Article L of this Chapter. D. Article D, entitled "Residential Zones," Section 3, entitled "Medium Density Single-Family Residential Zone (RS-8)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-3C6 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-3C6 to allow elder family homes in the RS- 8 zone as a provisional use that is subject to additional regulations, as follows: 6. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 1 z~-6D-3C7 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-3C7 to allow elder group homes in the RS-8 zone as a provisional use that is subject to additional regulations, as follows: 7. Elder group homes, subject to the requirements of Article L of this Chapter. 3. Adding a new subsection 14-6D-3D5 to allow elder congregate housing in the RS-8 zone by special exception and subject to additional regulations, as follows: 5. Elder congregate housing with a minimum lot area of 1,923 square feet per elder congregate unit, a maximum of eight (8) elder congregate units per lot, and subject to the requirements of Article L of this Chapter. E. Article D, entitled "Residential Zones," Section 4, entitled "High Density Single-Family Residential Zone (RS-12)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-4C5 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-4C5 to allow elder family homes in the RS- 1 2 zone as a provisional use that is subject to additional regulations, as follows: 5. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-4C6 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-z~C6 to allow elder group homes in the RS-12 zone as a provisional use that is subject to additional regulations, as follows: 6. Elder group homes, subject to the requirements of Article L. of this Chapter. 3. Adding a new subsection 14-6D-4D6 to allow elder congregate housing in the RS-12 zone by special exception and subject to additional regulations, as follows: 6. Elder congregate housing with a minimum lot area of 1,326 square feet per elder congregate unit, a maximum of ten (10) elder congregate units per lot, and subject to the requirements of Article L of this Chapter. F. Article D, entitled "Residential Zones, Section 5, entitled Neighborhood Conservation Residential Zone (RNC-12)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-5C6 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-5C6 to allow elder family homes in the RNC-12 zone as a provisional use that is subject to additional regulations, as follows: 6. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-5C7 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-5C7 to allow elder group homes in the RNC-12 zone as a provisional use that is subject to additional regulations, as follows: 7. Elder group homes, subject to the requirements of Article L of this Chapter. G. Article D, entitled "Residential Zones," Section 6, entitled "Factory-Built Housing Residential Zone (RFBH)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-6C4 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-6C4 to allow elder family homes in the RFBH zone as a provisional use that is subject to additional regulations, as follows: 4. Elder family homes, subject to the requirements of Article L of this Chapter. Ordinance No. 97-3787 Page 3 2. Repealing in its entirety subsection 14-6D-6C5 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-6C5 to allow elder group homes in the RFBH zone as a provisional use that is subject to additional regulations, as follows: 5. Elder group homes, subject to the requirements of Article L of this Chapter. H. Article D, entitled "Residential Zones," Section 7, entitled "Low Density Multi-Family Residential Zone (RM-1 2)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D~7C6 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-7C6 to allow elder family homes in the RM-12 zone as a provisional use that is subject to additional regulations, as follows: 6. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-7C7 concerning eider group homes, and incorporating in lieu thereof a new subsection 14-6D-7C7 to allow elder group homes in the RM-12 zone as a provisional use that is subject to additional regulations, as follows: 7. Elder group homes, subject to the requirements of Article L of this Chapter. 3. Adding a new subsection 14-6D-7Cll to allow elder congregate housing in the RM-12 zone as a provisional use that is subject to additional regulations, as follows: 11. Elder congregate housing with a minimum lot area of 2,178 square feet per elder congregate unit, and subject to the requirements of Article L of this Chapter. Article D, entitled "Residential Zones," Section 8, entitled "Medium Density Multi-Family Residential Zone (RM-20)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-8C13 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-8C13 to allow elder family homes in the RM-20 zone as a provisional use that is subject to additional regulations, as follows: 13. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-8C14 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-8C14 to allow elder group homes in the RM-20 zone as a provisional use that is subject to additional regulations, as follows: 14. Elder group homes, subject to the requirements of Article L of this Chapter. 3. Adding a new subsection 14-6D-8C18 to allow elder congregate housing in the RM-20 zone as a provisional use that is subject to additional regulations, as follows: 18. Elder congregate housing with a minimum lot area of 1,450 square feet per elder congregate unit, and subject to the requirements of Article L of this Chapter. 4. Repealing in its entirety subsection 14-6D-8D3 concerning elderly housing, and incorporating in lieu thereof a new subsection 14-6D-8D3 to allow elder apartment housing in the RM-20 zone by special exception, and subject to additional regulations, as follows: 4. Elder apartment housing with a minimum lot area of 875 square feet per dwelling unit, and subject to the requirements of Article L of this Chapter. 5. Adding a new subsection 14-6D-8D7 to allow elder life care housing in the RM-20 zone by special exception, and subject to additional regulations, as follows: 7. Elder life care housing, subject to the regulations specified for elder congregate housing and nursing homes in Article L and Article N of this Chapter. J. Article D, entitled "Residential Zones," Section 9, entitled Neighborhood Conservation Residential Zone (RNC-20)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-9C10 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-9C10 to allow elder family homes in the RNC-20 zone as a provisional use that is subject to additional regulations, as follows: 10. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-9Cll concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-9Cll to allow elder group homes in the RNC-20 zone as a provisional use that is subject to additional regulations, as follows: 11. Elder group homes, subject to the requirements of Article L of this Chapter. K. Article D, entitled "Residential Zones," Section 10, entitled "High Density Multi-Family Residential Zone (RM-44)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-10C7 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-10C7 to allow elder family homes in the RM-44 zone as a provisional use that is subject to additional regulations, as follows: Ordinance No. 97-3787 Page 4. 7. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-10C8 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-10C8 to allow elder group homes in the RM-44 zone as a provisional use that is subject to additional regulations, as follows: 8. Elder group homes, subject to the requirements of Article L of this Chapter. 3. Adding a new subsection 14-6D-10C12 to allow elder apartment housing in the RM-44 zone as a provisional use that is subject to additional regulations, as follows: 12. Elder apartment housing with a minimum lot area of 500 square feet per dwelling unit, and subject to the requirements of Article L of this Chapter. 4. Adding a new subsection 14-6D-10C13 to allow elder congregate housing in the RM-44 zone as a provisional use that is subject to additional regulations, as follows: 13. Elder congregate housing with a minimum lot area of 1,000 square feet per elder congregate unit, and subject to the requirements of Article L of this Chapter. 5. Adding a new subsection 14-6D-10C14 to allow elder life care housing in the RM-44 zone as a provisional use that is subject to additional regulations, as follows: 14. Elder life care housing, subject to the regulations specified for elder congregate housing and nursing homes in Article L and Article N of this Chapter. L. Article D, entitled "Residenl~ial Zones," Section 11, entitled "Planned High Density Multi-Family Residential Zone (PRM)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-11 C1 concerning elderly housing, and incorporating in lieu thereof a new subsection 14-6D-11C1 to allow elder apartment housing in the PRM zone as a provisional use that is subject to additional regulations, as follows: 1. Elder apartment housing with a minimum lot area of 300 square feet per dwelling unit, and subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-11C7 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-11C7 to allow elder family homes in the PRM zone as a provisional use that is subject to additional regulations, as follows: 7. Elder family homes, subject to the requirements of Article L of this Chapter. 3. Repealing in its entirety subsection 14-6D-11C8 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-11C8 to allow elder group homes in the PRM zone as a provisional use that is subject to additional regulations, as follows: 8. Elder group homes, subject to the requirements of Article L of this Chapter. 4. Adding a new subsection 14-6D-11C12 to allow elder congregate housing in the PRM zone as a provisional use that is subject to additional regulations, as follows: 12. Elder congregate housing with a minimum lot area of 1,000 square feet per elder congregate apartment, and subject to the requirements of Article L of this Chapter. 5. Adding a new subsection 14-6D-11C13 to allow elder life care housing in the PRM zone as a provisional use that is subject to additional regulations, as follows: 13. Elder life care housing, subject to the regulations specified for elder congregate housing and nursing homes in Article L and Article N of this Chapter. M. Article D, entitled "Residential Zones," Section 12, entitled "Residential/Office Zone (R/O)," is hereby amended by: 1. Repealing in its entirety subsection 14-6D-12C7 concerning elder family homes, and incorporating in lieu thereof a new subsection 14-6D-12C7 to allow elder family homes in the R/O zone as a provisional use that is subject to additional regulations, as follows: 7. Elder family homes, subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6D-12C8 concerning elder group homes, and incorporating in lieu thereof a new subsection 14-6D-12C8 to allow elder group homes in the R/O zone as a provisional use that is subject to additional regulations, as follows: 8. Elder group homes, subject to the requirements of Article L of this Chapter. N. Article E, entitled "Commercial Zones," is hereby amended by: 1. Repealing in its entirety subsection 14-6E-6C2 concerning elderly housing, and incorporating in lieu thereof a new subsection 14-6E-6C2 to allow elder apartment housing in the Central Business Service Zone (CB-2) as a provisional use that is subject to additional regulations, as follows: Ordinance No. 97-3787 Page 5 2. Elder apartment housing with a minimum lot area of 300 square feet per dwelling unit, and subject to the requirements of Article L of this Chapter. 2. Repealing in its entirety subsection 14-6E-7C2 concerning elderly housing, and incorporating in lieu thereof a new subsection 14-6E-7C2 to allow elder apartment housing in the Central Business Support Zone (CB-5) as a provisional use that is subject to additional regulations, as follows: 2. Elder apartment housing with a minimum lot area of 300 square feet per dwelling unit, and subject to the requirements of Article L of this Chapter. 3. Repealing in its entirety subsection 14-6E-8C2 concerning elderly housing, and incorporating in lieu thereof a new subsection 14-6E-8C2 to allow elder apartment housing in the Central Business Zone (CB-10) as a provisional use that is subject to additional regulations, as follows: 2. Elder apartment housing with a minimum lot area of 300 square feet, and subject to the requirements of Article L of this Chapter. O. Article L, entitled "Provisional Uses and Special Exceptions," is hereby amended by: 1. Repealing in its entirety subsection 14-6L-1 A11 concerning the affidavit provision for accessory apartments, and incorporating in lieu thereof a new subsection 14-eL-1A11, as follows: 11. Prior to issuance of an accessory apartment permit, the owner shall submit a notarized affidavit to the City, verifying that the owner will occupy one of the dwelling units on the premises, except for bona fide temporary absences, and that one of the occupants is an elder or a person with disabilities. In order to continue the accessory apartment use, the owner must submit a notarized affidavit certifying compliance with this requirement by January 31 of each year. 2. Repealing in its entirety subsection 14-6L-1H concerning elderly housing, and incorporating in lieu thereof a new subsection 14-6L-1H for elder apartment housing, as follows: H. Elder Apartment Housing 1. Elder apartment housing shall have access to public van or mini-bus transit services, or shall provide private car or van services for the elder apartment housing residents, except when such housing is located within six hundred feet (600') of a regular public transit route. 2. The apartments, common areas, entryways and parking areas of each elder apartment house shall be accessible to and functional for elders and persons with disabilities. 3. Adding a new subsection 14-6L-1T to set forth additional regulations for elder family homes and elder group homes, as follows: T. Elder Family Home or Elder Group Home: 1. An elder family home or elder group home shall provide at least one accessible bathroom per each four (4) elders living in the dwelling unit, and shall provide at least one private bedroom per each single eider individual or couple residing in the dwelling unit. 2. An elder family home or elder group home shall constitute one household, and shall not contain separate apartments or rooming units within the dwelling unit. 3. The owner of the dwelling, which is an elder family home or an elder group home, shall obtain a rental permit from the City. The permit shall be effective for three (3) years. At the end of every three (3) years, the owner shall obtain a renewal of the rental permit after completion of a routine rental housing inspection showing that the conditions for having such a permit have been met. 4. An elder group home shall be certified by the Iowa Department of Elder Affairs and shall comply with the Code of Iowa regulations for elder group homes, as amended. 4. Adding a new subsection 14-eL-1U to set forth additional regulations for elder congregate housing, as follows: U. Elder Congregate Housing: 1. Each elder congregate residence shall contain for each single individual or couple in residence at least one (1) separate apartment or rooming unit with a kitchen or kitchenette and a private bathroom. 2. A minimum of twenty (20%) of the total floor area of the elder congregate residence, not counting hallways or stairways, shall be shared, common living space, which shall include a central dining area, and shared kitchen, living room and recreational space. Ordinance No. 97-3787 Page 6 o 3. The apartments or rooming units shall be accessible to and adaptable for persons with disabilities, and the common living space, entryways and parking areas of each elder congregate residence shall be accessible. 4. Assisted living services, including, but not limited to housekeeping, laundry, meal preparation, personal care and in-home nursing care may be provided. 5. Elder congregate housing containing eight or more elder congregate units shall have access to public van or mini-bus services, or shall provide private car or van services for the elder congregate housing residents, except when such housing is located within six hundred (600') of a regular public transit route. 6. When elder congregate housing is established by special exception, the Board of Adjustment shall consider the compatibility of the structure and its use in terms of its size, scale, orientation, residential instead of institutional characteristics, the design in relation to the surrounding residential neighborhood or the type of residential development that is anticipated will be developed in the area, the potential for adaptive reuse of the structure for a use permitted in the zone, and the location and impacts of the required parking. 7. When elder congregate housing is established through a planned development housing overlay rezoning, no special exception will be required, and the allowed density shall be no more than the density permitted by the underlying zoning, that is, the required lot area per dwelling unit. Adding a table entitled "Eider Housing Alternatives by Zone" as subsection 14-6L-IV, as follows: ELDER HOUSING ALTERNATIVES BY ZONE Elder Elder Elder Elder Accessory Family Group Congregate Apartment Zones Apartments Home Home Housing Housing Residential Zones Re!~L ..;r :'r~ "{f'; ~':.. Hi:." :)::';!~'.' !:~ ".H .; I "..:' '. Re~; :,:',: i!I ~.'..; 17 N(' ::..'.'.'.':,,~,' ,';c"..;.':r'.':': .': ' Re~.~ r:,.:"'..', :::.',:: '1" ir' ,':'::~'.' ..lu '. '~ I:.'...,,~ ';;., !!<,. :.:," .,! i:i Lo.'. ':,:"s='v ;.'.. · ':,..;" v R(:=.~i,'!c;,'~ :' I![.' Medium Density Multi-Family Residential (RM-20) [.jf;.:,.[.::: .... ;,~:~ ('::). ,.,..,.. "h;.,~:::..;, '!~' :~.:IC.; .',: J..'.h I;.:.::',,~: ".;.....' ~ ..,.,.h ?h"ppe': :'.;'.h LB.:":.; '.v '.1,.11. ~-, ~ I,,, Commercial Zones Elder Life Care Housing F: I. I~ [.. i :) ~ '? I P/L P/L :)i P/L SE/L SE/L i': I. i Ordinance No. 97-3787 Page 7 Accessory Zones Apartments Elder Elder Elder Elder Elder Family Group Congregate Apartment Life Care Home Home Housing Housing Housing Industrial Zones SE= L= Permitted Permitted only through the granting of a special exception by the Board of Adjustment Permitted subject to the requirements of Article L of the Zoning Chapter P. Article N, entitled "Off-Street Parking and Loading," is hereby amended by: 1. Repealing subsection 14-6N-1J1f concerning elderly housing parking requirements, and incorporating in lieu thereof a new subsection 14-6N-1J1 f for elder apartment housing parking requirements, as follows: f. Multi-family dwellings 1. Where permitted One parking space for each 5% (elder apartment housing) except PRM, CB-2, CB-5, dwelling unit and CB-10 2. CB-2, CB-5, PRM 3. CB-10 One parking space for each 5% two (2) dwelling units One parking space for each 5% four (4) dwelling units 2. Repealing subsection 14-6N-1J1k concerning elder family housing parking requirements, and incorporating in lieu thereof a new subsection 14-6N-1J1K for elder family homes parking requirements, as follows: k. Elder family homes Where permitted Two (2) parking spaces for up 0 to four (4) elder residents, three (3) parking spaces for five (5) to six (6) elder residents, four (4) parking spaces for seven (7) to eight (8) elder residents. Tandem parking is permitted. 3. Adding a new subsection 14-6N-1J1m to require parking for elder congregate housing, as follows: Ordinance No. 97-3787 Page 8 ., m. Elder congregate Where permitted One (1) parking space per each 5% housing one and two-bedroom elder congregate unit, and two (2) parking spaces per each elder congregate unit with three or more bedrooms. Tandem parking may be permitted, as appropriate, for elder congregate housing requiring eight (8) or fewer parking spaces. Repealing in its entirety subsection 14-6N-1J4b, and incorporating in lieu thereof a new subsection 14-6N-1J4b that deletes the term "aged" from the subsection, as follows: b. Homes, children's, Where permitted For group care facilities and convalescent, rest and children's homes, one parking nursing homes and space for each staff member group care facilities determined by the maximum number of staff present at any one time and one parking space for every two (2) occupants. For other uses, one parking space for each three (3) beds. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv- al and publication, as provided by law. Passed and approved this 3rd. day of June CITY (//'C,ty Att~ey's Qf,~ _2_~/ x--__l.Lv~noved by Thornberry . and seconded by read be adopted, and upon rb[I ca"11 there were: AYES: NAYS: X X x ppdadmin/eldhsg2,ord ,1997. Lehman that the Ordinance as ABSENT: Baker -- Kubby ~ Lehman -- Norton ~ Novick ~ Thornberry -- Vanderhoef First Consideration 5/6/97 Vote for passage: AYES: Lehman, Norton, Novick, Thornberr~v, Vanderhoef, Baker, Kubby. NAYS: None. ABSJ~NT: Second Consideration 5/20/97 roche. Vote for passa.qe: AYES: Kubby, Lehman. Nor.to~n~,~_ Novick, Thornberry, Vanaerhoef, Baker. NAYS: None.au~L~: Date published 6/11/97 mone. institutional settings. ~ / NOW, THEREFORE, BE IT ORDAINEI~,,BY THE CITY COUN,~IL OF THE CITY OF IOWA CITY, IOWA, THAT: , / SECTION I. APPROVAL. City Code Title lZ~', Chapter 6, er)~itled "Zoning Chapter," is hereby amended, as follows: ', A. Article B, entitled "Zoning Definitions," is ~,ereby ¢ended by: 1. Repealing the definitions of "AGED" and*'~ELI~ERLY HOUSING" in their entirety. 2. Repealing the definitions of "ELDER," "EL~L/R FAMILY HOME," and "ELDER GROUP HOME," and incorporating in lieu thereof the follo,vyintg, definitions: ELDER: A person at least fifty-five (55)//ear& ~of age. ELDER FAMILY HOME: A private o.¢ner-occ'u~)ied zero lot line or detached single-family residence offering a social living arra~t'gement fo¢'~qt least two (2), but for no more than eight persons living in the residence, the/~ajority of wh~m are elders, who are essentially capable of physical self-care. / \, ELDER GROUP HOME: A zero lot/line or detached sin~le,-family residence that is the residence of a person who is providing r,o'~m, board and personal bare for up to five (5) elders who are not related to the caregiver....~ersonal care in this case rfi~,ans assistance with the essential activities of daily living which'the recipient can perform perso~qally only with difficulty, and may include bathing, personal I-)f,/giene, dressing, grooming and the'supervision of self-administered medications, but does n~(include the administration of medical~'ons. 3. Adding the following n~)~N definitions: " ELDER APARTMENT ~OUSING: A multi-family dwelling intended fer use and occupancy by elders and persons .w~th disabilities. ELDER CONGREGA/'~E HOUSING: A residence for elders and/or person's.with disabilities that contains separate/apartments or rooming units grouped around shared, common living space. ELDER CONGRE¢~ATE UNIT: An apartment or rooming unit in an elder cong~.e. gate residence. ELDER LIFE CA~E HOUSING: A residential facility for elders and persons with~!,isabilities that offers differen/~ levels of care, including a nursing home, in an elder congregate ho'f~s, ing setting. B. Article D, entitler/f "Residential Zones," Section 1, entitled "Rural Residential Zone (RR-1);'~,is hereby amended by: / "', 1. Repealing /n its entirety subsection 14-6D-1C5 concerning elder family homes~,and incorpor¢ing in lieu thereof a new subsection 14-6D-1 C5 to allow elder family homes in the I~, 1 zone ~'s a provisional use that is subject to additional regulations, as follows: 5. I~lder family homes, subject to the requirements of Article L of this Chapter. 2. Repe~Iing in its entirety subsection 14-6D-1 C6 concerning elder group homes, and incorporating in lie/~ thereof a new subsection 14-6D-1C6 to allow elder group homes in the RR-1 zone as a pro)/'isional use that is subject to additional regulations, as follows: /'6. Elder group homes, subject to the requirements of Article L of this Chapter. C. ArticYe D, entitled "Residential Zones," Section 2, entitle~d i Low Density Single-Family Residential Zone (RS-5)," is hereby amended by: Ordinance No. Page 2 1. Repealing in its entirety subsection 14-6D-2C4 concerning elder family ho/~es, and incorporating in lieu thereof a new subsection 1 4~6D-2C4 to allow elder family horne's in the RS- 5 zo~Te as a provisional use that is subject to additional regulations, as follows: 4.',.Eider family homes, subject to the requirements of Article L of this Chal~er. 2. Repealing in its entirety subsection 14-6D-2C5 concerning elder group homes, ..al~d incorporating in lieu th'ffreof a new subsection 14-6D-2C5 to allow elder group homes in tl~e RS~5 zone as a provisionaluse that is subject to additional regulations, as follows: 5. Elder~roup homes, subject to the requirements of Article L of thi~ Chapter. D. Article D, entitlexd "Residential Zones," Section 3, entitled "Medium ;""Density Single-Family Residential Zone ( .RxS-8)," is hereby amended by: 1. Repealing in it~ entirety subsection 14-6D-3C6 concerning ei~ler family homes, and incorporating in lie~thereof a new subsection 14-6D~3C6 to allow ¢l"der family homes in the RS~ 8 zone as a provisib~al use that is subject to additional regulati01~s, as follows: 6. Elder family hb~mes, subject to the requirements of ArtiCle L of this Chapter. 2. Repealing in its entirety~subsection 14-6D-3C7 concerning eld~"~ group homes, and incorporating in lieu thereof a new su~,section 14~6D-3C7 to allow elder ~oup homes in the RS-8 zone as a provisional use that is su'~ject to additional regulations, a~follows: 7. Elder group homes,~ubject to the requirements ~ Article L of this Chapter. 3. Adding a new subsection 1~-6D-3D5 to allow elder c,.~ngregate housing in the RS-8 zone by special exception and subjec~.to additional regulatio?§, as follows: 5. Elder congregate hous~g with a minimum.,'lot area of 1,923 square feet per elder congregate unit, a maximum of eight (8) e.~der congregate units per lot, and subject to the requirements of ArticlS~L of this Chapter. ~. Article D, entitled "Residential Zones,;\Section 4,~ntitled "High Density Single-Family Residential Zone (RS-1 2)," is hereby amended by:\., ,/ 1. Repeahng ~n ~ts entirety subsectid~ 1~6D-4C5 concerning elder family homes, and incorporating in lieu thereof a new subs~,ct,~on 14-6D-4C5 to allow elder family homes in the RS- the requirementslf Article L of this Chapter. F. Article D, entitled "Reside~'tial Zones, Section 5, entitled Neig~,orhood Conservation Residential Zone (RNC-1 2)," is hereb/(/amended by: 1. Repealing in its ~htirety subsection 14-6D-5C6 concerni~ elder family homes, and incorporating in lie~l thereof a new subsection 14-6D-5C6 to allb~w elder family homes in the RNC-1 2 zone as ~'"provisional use that is subject to additional regulations, as follows: 6. Elder fam~y homes, subject to the requirements of Article L oYxthis Chapter. 2. Repealing in its~entirety subsection 14-6D~5C7 concerning elder group h~mes, and incorporating in lieu thereof./a new subsection 14-6D-5C7 to allow elder group homes ~q the RNC-1 2 zone as a provisional/use that is subject to additional regulations, as follows: 7. Elder/group homes, subject to the requirements of Article L of this CtT,apter. G. Article D, enti~fed "Residential Zones," Section 6, entitled "Factory-Built Housing'~esidential Zone (RFBH)," is h~reby amended by: 1. Repeali,n~ in its entirety subsection 14-6D-6C4 concerning elder family Xl~omes, and incorp~ating in lieu thereof a new subsection 14-6D-6C4 to allow elder family h~es in the RFBF~'zone as a provisional use that is subject to additional regulations, as follows: 4. Elder family homes, subject to the requirements of Article L of this Chapter. 1 2 zone as a provisional use that is sub.~ct to additional regulations, as follows: 5. Elder family homes, subject to ~t~e~quirements of Article L of this Chapter. Repealing in its entirety subsection 1 4/Z'6D-4(~ concerning elder group homes, and incorporating in lieu thereof a new subsection 14/Z6D-4C6 t~,,allow elder group homes in the RS-12 zone as a provisional use that is subject t/e' additional re'~ulations, as follows: 6. Elder group homes, subje/~t to the requirefi~,ents of Article L of this Chapter. Adding a new subsection 14-6/D-4D6 to allow elde~congregate housing in the RS-1 2 zone by special exception and subjec)t/to additional regulatioR,s, as follows: 6. Elder congregate ho~sing with a minimum Io~r~area of 1,326 square feet per elder congregate unit, a ~naximum of ten (10) elder co~x,gregate units per lot, and subject to Ordinance No. Page 3 2. Repealing in its entirety subsection 14-6D-6C5 concerning elder group homes,?and incorporating in lieu thereof a new subsection 14-6D-6C5 to allow elder group homes,.i.f~ the RFBH zone as a provisional use that is subject to additional regulations, as follows: // ~ 5. Elder group homes, subject to the requirements of Article L of/this Chapter. Hk.',Article D, entitled "Residential Zones," Section 7, entitled "Low Densi/t;¢' Multi-Family Residential Zo, ne (RM-12)," is hereby amended by: ,i 1. ~tepealing in its entirety subsection 14-6D-7C6 concerning," elder family homes, and i&qorporating in lieu thereof a new subsection 14-6D-7C6 to ~rflow elder family homes in the RM~,2 zone as a provisional use that is subject to additional/4egulations, as follows: 6.N, Elder family homes, subject to the requirements of A/~ticle L of this Chapter. 2. RepealiNg in its entirety subsection 14-6D-7C7 concerning,u/Ider group homes, and incorporating in lieu thLN~,eof a new subsection 14-6D-7C7 to allow el~r group homes in the RM-12 zone as a provision'a!, use that is subject to additional regulatio/6s, as follows: 7. Elder group homes, subject to the requiremen/['s of Article L of this Chapter. 3. Adding a new ~bsection 14-6D-7Cll to allow eld/congregate housing in the RM-12 zone as a provisional us6kthat is subject to additional reg,ulations, as follows: 11. Elder cong~e~gate housing with a minirr~m lot area of 2,178 square feet per elder congregate u~t, and subject to the rect)zlirements of Article L of this Chapter. I. Article D, entitled "Reside}~ial Zones," Section 8,/6ntitled "Medium Density Multi-Family Residential Zone (RM-20)," is hereby,..a_'~._ended by: 1. Repealing in its entirety\subsection 1/4-6D-8C13 coneerning elder family homes, and incorporating in lieu thereof~new subs/e'ction 14-6D-8C13 to allow elder family homes in the RM-20 zone as a provisional ~J~e that i~ subject to additional regulations, as follows: 13. Elder family homes, s~bject/to the requirements of Article L of this Chapter. 2. Repealing in its entirety subs~c~t~n 14-6D-8C14 concerning elder group homes, and incorporating in lieu thereof a new/s,ubsection 14-6D-8C14 to allow elder group homes in the RM-20 zone as a provisional use,t/ha~,~s subject to additional regulations, as follows: 14. Elder group homes, 7~Jbject~to' the requirements of Article L of this Chapter. 3. Adding a new subsection 14-6~)-8C18 to~!low elder congregate housing in the RM-20 zone as a provisional use that is subject to additional,regulations, as follows: 18. Elder congregate/housing with a rhi,nimum lot area of 1,4.50 square feet per elder congregate unit/( and subject to the ~,~uirements of Article L of this Chapter. 4. Repealing in its entirety s.~bsection 14-6D-8D3 cc~,cerning elderly housing, and incorporating in lieu thereof a new su~section 14-6D-8D3 to all'~ elder apartment housing in the RM-20 zone by special except~hn, and subject to additional r~j?lations, as follows: 4. Elder apar~nent housing with a minimum Iot',~rea of 87,5 square feet per dwelling unit, and/subject to the requirements of Articl~,,L, of this Chapter. 5. Adding a new sub~'ection 14-6D-8D7 to allow elder life c~., housing in the RM-20 zone by special exception/and subject to additional regulations, as fol~qws: 7. Eider/life care housing, subject to the regulations ~Recified for elder congregate housing and nursing homes in Article L and Article N 5'¢ this Chapter. J. Article D, entitled£'Residential Zones," Section 9, entitled Ne ghborhoo"d, Conservat on Residential Zone (RNC-20),'/is hereby amended by: 1. Repealing j~ its entirety subsection 14-6D-9C10 concerning elde~\~family homes, and incorporatefig in lieu thereof a new subsection 14-6D-9C10 to allow elderl,amily homes in the RNC-20 ~/on_? .as .a pr..ovi.sional use that is subject to additional regulations, a'~,,follows: 10./ Elder family homes, subject to the requirements of Article L of this%(~hapter. 2. Repeal~g in its entirety subsection 14-6D-9Cll concerning elder group'q~omes, and incor/orating in lieu thereof a new subsection 14-6D-9C11 to allow elder group hb~es in the RNC/20 zone as a provisional use that is subject to additional regulations, .as fo_l!ows.%k //I 1. Elder group homes, subject to the requirements of Article L of this Chapter% K. Articl~ D, entitled "Residential Zones," Section 10, entitled "High Density Multi-Family Residential Zont(RM-44)," is hereby amended by: Ordinance No. , ! Page 4 '~1. Repeahng ~n its entirety subsection 14-6D-10C7 concernin,g' elder family homes, and 1 .... ~ ~ incorporating in lieu thereof a new subsection 14-6D~10C7 to allow elder family homes in the "~M-44 zone as a provisional use that is subject to additional ?~gulations, as follows '~,7. Elder family homes, subject to the requirements of A/~icle L of this Chapter. 2. Repe~ling in its entirety subsection 14-6D-10C8 con/~erning elder group homes, and incorpo,,rating in lieu thereof a new subsection 14-6D-10~8 to allow elder group homes in the RM-44 Z, qne as a provisional use that is subject to addi~onal regulations, as follows: 8. Elder, group homes, subject to the requirements/of Article L of this Chapter. 3. Adding a neW subsection 14-6D-10C12 to allow el~br apartment housing in the RM-44 zone as a provisior~a,I use that is subject to additional re~fJlations, as follows: 12. EldeF ,apartment housing with a minim, dm lot area of 500 square feet per dwelling unit, and subject to the requirements/of Article L of this Chapter. 4. Adding a new subsAction 14-6D-10C13 to allo/N elder congregate hous ng n the RM~44 zone as a provisional use t~\at is subject to additional regulations, as follows: 13. Elder congregate. housing with a minimum lot area of 1,000 square feet per elder congregate unit, ~qd subject to the/equirements of Article L of this Chapter. 5. Adding a new subsection ~4-6D-10C14/o allow elder life care housing in the RM-44 zone as a provisional use that is suB'j~ct to additional regulations, as follows: 14. Elder life care hoesing, su/15ject to the regulations specified for elder congregate housing and nursing~hom/s in Article L and Article N of this Chapter. L. Article D, entitled "Residential Zon~g,~' Section 11, entitled "Planned High Density Multi-Family Residential Zone (PRM)," is hereby a~ended by'. 1. Repealing in its entirety subsecti?n 1~4-6D-11C1 concerning elderly housing, and incorporating in lieu thereof a new subsection/14-6D,-11 C1 to allow elder apartment housing in the PRM zone as a provisional use that is su,,l~ject to ~ditional regulations, as follows: 1. Elder apartment hous)~g with a m,i~nimum lot area of 300 square feet per dwelling unit, and subject to the r/dquirements of",~rticle L of this Chapter. 2. Repealing in its entiret)/ subsection 14-~6~D-11C7 concerning elder family homes, and incorporating in lieu ther/bof a new subsectior~,14-6D-11 C7 to allow elder family homes in the PRM zone as a provisional use that is subject t~ additional regulations, as follows: 7. Elder family ho/~n. es, subject to the requirements of Article L of this Chapter. 3. Repealing in its e/tirety subsection 14-6D-lICk8 concerning elder group homes, and incorporating in lie/~ thereof a new subsection 14-6D~11C8 to allow elder group homes in the PRM zone as a pr/)visional use that is subject to addit'l'~al regulations, as follows: 8. Elder gro/u'p homes, subject to the requirements d~,Article L of this Chapter. 4. Adding a new/dubsection 14-6D-11 C12 to allow elder con~l,regate housing in the PRM zone as a provisional/~se that is subject to additional regulations, as~follows: 12. F/der congregate housing with a minimum lot are'~,of 1,000 square feet per elder /congregate apartment, and subject to the requireme'i'~ts of Article L of this Chapter. 5. Adding a/~ew subsection 14-6D-11C13 to allow elder life care ki~using in the PRM zone as a provisior/al use that is subject to additional regulations, as follows:',, 13. ? Elder life care housing, subject to the regulations speci~[~,ed for elder congregate / housing and nursing homes in Article L and Article N of thi,%,Chapter. M. Article ~, entitled "Residential Zones," Section 12, entitled "Residential/O-f~ice Zone (R/O)," is hereby/amended by: ~, 1. R~_~ealing in its entirety subsection 14-6D-12C7 concerning elder fa~qily homes, and i/corporating in lieu thereof a new subsection 14-6D-1 2C7 to allow elder fam~i[y homes in the /R/O zone as a provisional use that is subject to additional regulations, as follov~,: / 7. Elder family homes, subject to the requirements of Article L of this Chapte'l,. ,~. Repealing in its entirety subsection 14-6D-12C8 concerning elder group ho~0es, and incorporating in lieu thereof a new subsection 14-6D~12C8 to allow elder group hom'~, in the / RIO zone as a provisional use that is subject to additional regulations, as follows: ~ / 8. Elder group homes, subject to the requirements of Article L of this Chapter. ~, p. Article E, entitled "Commercial Zones," is hereby amended by: Ordinance No. Page 5 1. Repealing in its entirety subsection 14-6E-6C2 concerning elderly housing,/afid incorporating in lieu thereof a new subsection 14-6E-6C2 to allow elder apartment hoL),~ing in the Central 'Business Service Zone (CB-2) as a provisional use that is subject to add~j,donal regulations, as follows: .,, '2. Elder apartment housing with a minimum lot area of 300 square feet per dwelling unit, and subject to the requirements of Article L of this Chapter./" 2. Repealiog in its entirety subsection 14-6E-7C2 concerning elderl/y housing, and incorporating in lieu thereof a new subsection 14-6E-7C2 to allow elder ap,~'~tment housing in the Central Business S.Upport Zone (CB-5) as a provisional use that is su/bject to additional regulations, as follows: 2. Elder "~p, artment housing with a minimum lot area o'f/300 square feet per dwelling unit, and subject to the requirements of Article L of tl~ Chapter. 3. Repealing in its'e~ntirety subsection 14-6E-8C2 conce/r~ing elderly housing, and incorporating in lieu thereof a r~,gw subsection 14~6E-8C2 to allo~ elder apartment housing in the Central Business Zone (CB-t,,0) as a provisional use that is/~(]bject to additional regulations, as follows: 2. Elder apartment housing with a minimum I/tit area of 300 square feet, and subject to the requirements of",,Article L of this Chapter/' O. Article L, entitled "Provisior~'~.l Uses and Special EAceptions, is hereby amended by: 1. Repealing in its entirety subsection 14-6L-14 concerning the affidavit provision for accessory apartments, and incorporat~,g in lieu there a new subsection 14-eL-1A11, as follows: 11. Prior to issuance"'of an acc~ apartment permit, the owner shall submit a notarized affidavit ~0.. the verifying that the owner will occupy one of the dwelling units on the except for bona fide temporary absences, and that one of the occupants i~..~ elder or a person with disabilities. In order to continue the accessory apartmen' se, the owner must submit a notarized affidavit certifying compliance with this merit by January 31 of each year. 2. Repealing in its entirety subsecti 14-6~,-1H concerning elderly housing, and incorporating in lieu thereof a new subsection H f'~r, elder apartment housing, as follows: H. Elder Apartment Housing 1. Elder apartment hous shall provide private when such housin route. 2. The apartments house shall be shall have ac'~ess to public van or mini-bus transit services, or or van services fb.r~.the elder apartment housing residents, except located within six h'u,,ndred feet (600') of a regular public transit \ areas, entryways ~,d parking areas of each elder apartment to and functional for ~[,ders and persons with disabilities. 3. Adding a new 14-6L-1T to set forth additional',r, egulations for elder family homes and elder group homes, follows: "',,. T. Elder Family H or Elder Group Home: ", 1. An elder f home or elder group home shall provid~"~,t least one accessible bathroom per (4) elders living in the dwelling unit, and sh,,all provide at least one private bedrool per each single elder individual or couple residing~in the dwelling unit. 2. An el~r family home or elder group home shall constitute 0'qe household, and shall not cont~n separate apartments or rooming units within the dw~!ing unit. 3. The'owner of the dwelling, which is an elder family home or ar~'\elder group home, shall o~ain a rental permit from the City. The permit shall be effect~v,e for three (3) years. /tthe end of every three (3) years, the owner shall obtain a renew~, of the rental permit /after completion of a routine rental housing inspection showing tha~,,the conditions for ,/ having such a permit have been met. ",~ /4. An elder group home shall be certified by the Iowa Department of Elder Affairs and shall / comply with the Code of Iowa regulations for elder group homes, as am'.e,~ded. /4x' Adding a new subsection 14-eL-1U to set forth additional regulations for elde~, congregate / housing, as follows: :',, U. Elder Congregate Housing: '\ \ Ordinance No. Page 6 1. Each elder congregate residence shall contain for each single/('ndividual or couple in ? , residence at least one (1) separate apartment or rooming/unit with a kitchen or kitchenette and a private bathroom. ', 2. A minimum of twenty (20%) of the total floor area of the ~der congregate residence, not counting hallways or stairways, shall be shared, comr~'on living space, which shall include a central dining area, and shared kitchen, living r~5~om and recreational space. "3-,, The apartments or rooming units shall be accessible to/~nd adaptable for persons with "~lisabilities, and the common living space, entryway,~/and parking areas of each elder congregate residence shall be accessible. ,/' 4. AsSisted living services, including, but not limited to housekeeping, laundry, meal prepa~a, tion, personal care and in-home nursing ~are may be provided. 5. Elder c~ogregate housing containing eight or ,r~ore elder congregate units shall have access td',public van or mini-bus services, or ,~t~all provide private car or van services for the elder c'bggregate housing residents, exc,,e~t when such housing is located within six hundred (600~) of a regular public transit .Youte. 6. When elder cb, ngregate housing is es;~'~blished by special exception, the Board of Adjustment shaYk,consider the compat, j,15ility of the structure and its use in terms of its size, scale, orient~t, ion, residential instead of institutional characteristics, the design in relation to the s~l.~rounding resi/~.ential neighborhood or the type of residential development that is ~'r~ticipated ~11 be developed in the area, the potential for adaptive reuse of the structure ~q,r a us~/permitted in the zone, and the location and impacts of the required parking. ,,., / 7. When elder congregate ho~,s~'rhg is established through a planned development housing overlay rezoning, no specia?~,.xception will be required, and the allowed density shall be no more than the density//per'm. itted by the underlying zoning, that is, the required lot area per dwelling unit. / / , 5. Adding a table entitled "Elder Housing Alternatives by Zone" as subsection 14-6L-IV, as follows: / ELDER HOUSING ALTERN/~¥1VES BY ZONI~'...,.,,,, / / ; Accessory Zones / Apartments Residential Z~/es I~ . ~.. :. · ' I, ~,:. ' '.=1 1.", .... ~' / :" " ' ': i'! r:,,,!,,,=.: ,:.. ,,. il~,~ ~: l{.;...; :.):...... ,,. :'..~...... ~;.,. .. ;;..~;.'...;."i.....: ','::. , .... :.:. '.' .. ~ '~' "'"' ' '~' '.:~ .":," .~1;..,'.::' .': {r.' ';,' Medium Density Multi-Family Residential (RM-20) Neighborhe ::: :.::'..'. :'..: " I= :'1. P/L P/L "~tder Elder Elder Elder Fa m'lLy, Congregate Apartment Life Care Home*,, Housing Housing Housing Eider Group Home ! i= P/L P/L Ordinance No. Page 7 Zones .:~'. )....,. ;.. '.~..: ! '.' i,:,,, ::..'. :; lir.; " ' ,,::1 :;" I;',:' i.i': I'~ ........ ;~:~'.1 Elder Elder Elder Accessory Family Group Congregate Apartments Home Home Housing / Elder/ Apartn~ent Ho~ing Elder Life Care Housing I~.l:: ' . ',:.. '"'~ ' '. J I, :,,',' .':'" :~' , ',u"'.' ' I:;': ',: , ,", I:,,,.'.. '"' Industrial Zones ........ ~. :~,' .'~.: '.-'. :.' I' j ............. f/' '\\ P = Permitted SE = Permitted only through :t~e granting of a special'~,exception by the Board of Adjustment L = Permitted subject to the requirements of Article I'\of the Zoning Chapter \ Article N, entitled "Off-Stre~ Parking and Loading," is h~reby amended by: 1. Repealing subsection ,14-6N-1J1f concerning elderry housing parking requirements, incorporating in lieu tl;rereof requirements, as fo!lbws: f. Multi-family dwellings (elder apartment housing) and a new subsection 14-6N-1J~l,~ for elder apartment housing parking 1. Where permitted One\parking space for each 5% except PRM, CB-2, CB-5, dwelliu. g unit and CB-1 0 / 2. CB-2, CB-5, PRM One parking space for each 5% ~ two (2) dw. elling units ' 3. CB-10 One park~ng'{pace for each 5% four (4) dwelling units 2. Repe~lJng subsection 14-6N-1J1k concerning elder family housing I~'grking requirements, and inco, r~gorating in lieu thereof a new subsection 14-6N-1JIK for eld~, ~amily homes parking req'~Jirements, as follows: ", ,,'i(. Elder family homes // Where permitted Two (2) parking spa'~es for up 0 to four (4) elder residents, three (3) parking spac~ for five (5) to six (6) elder '\ residents, four (4) parking. spaces for seven (7) to ei~l~t (8) elder residents. (~.~ Tandem parking is permitre Ordinance No. Page 8 ~3. Adding a new subsection lz~-eN-1Jlm to require parking for elder congregate housing, as follows: ',,,m. Elder congregate ~,,,,housing Where permitted One (1) parking space per eaqli 5% one and two-bedroom elder ../ congregate unit, and two ~) parking spaces per each .elder congregate unit with th~e or more bedrooms. Tand,~m parking may be pern7. Itted, as appropriate, for eld,~r congregate housi.~(g requiring eight (8) or few?r parking · ~ spaces. .; 4. Repealing in its "e~,tirety subsection 14-6N-1J4b, and incorporztting in lieu thereof a new subsection 14-6N-~,J4b that deletes the term "aged" from the ?~bsection, as follows: b. Homes, children's, ", Where permitted For g~($up care facilities and convalescent, rest and"~ chilcJ~en's homes, one parking nursing homes and '~ sp~e for each staff member · d,~termined by the maximum group care facilities ~. .f~umber of staff present at any \ one time and one parking '\\ / space for every two (2) ~., / occupants. For other uses, one ~ ,' parking space for each three / (3) beds. SECTION II. REPEALER. All ordinanc~'e, and/harts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. , SECTION III. SEVERABILITY. If any,~e'~,tion, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutioRi~l, s~,ch adjudication shall not affect the validity of the Ordinance as a whole or any section,,.l~rovisioN,.or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. ~r[~is Ordinance s'l~,all be in effect after its final passage, approv- al and publication, as ~rovided .by law. ' '\ \ \ \ \. \ \ ,' Ordinance No. Page 9 '~P~assed and approved this __. day of MAYOR~, ATTEST: "'~ CITY CL~ERK It was moved by \ and seconded by read be adopted, and ulS,.on roll call there were: AYES ,1997. ? / that the Ordinance as NAYS: ABSENT: / Baker -- Kubb;~ --' Leh,~an N~fton  1~'Svick ~ /i/~-hornberry "~ .Vanderhoef ~ / First C~,nsideratio.r[ 5/6/97 ppdadmin/eldhsg.ord .V/ote for passage: AYES: Lehman. Norton, Novick, Thornber~, ,V, Znderhoef, Baker, Kubby. NAYS: None. ABSENT:None. Second Coh/~ideration 5/20/97 / \ Vote for passage: AYES:~K,ubby, Lehman, Norton. Novick, ,Thdynberry, Vanderhoef, ~aKer. NAYS: None. ABSENIiNon~ Date pu?ished~\ / \ / \ // / City of Iowa City V, EMORANDU Date: To: From: Re: May 28, 1997 Iowa City City Council Melody Rockwell, Associate Planner Definition of "Elder Family Home" At the May 20, 1997, City Council meeting, staff was requested to provide an amendment to the elder housing alternatives ordinance that changed the definition of "elder family homes." It was suggested that "responsible party" be substituted for the term "owner-occupied" to allow for more flexibility and practical implementation of new elder family homes in Iowa City. To do so, staff suggests the following revision: ELDER FAMILY HOME: A private owncr-occupicd zero lot line or detached single-family residence managed and/or owned by a responsible party and offering a social living arrangement for at least two (2), but for no more than eight persons living in the residence, the majority of whom are elders, who are essentially capable of physical self-care. If the change cited above is acceptable to Council, staff strongly suggests that an adapted version of the State Code definition for "responsible party" be added to the definition section of the Iowa City Zoning Chapter, as follows: RESPONSIBLE PARTY: A person, who resides in and provides room and board in an elder family home. The responsible party may be, but is not required to be an elder. Sarah Holecek, Assistant City Attorney, has prepared an alternative ordinance for Council to consider at its June 3, 1993, meeting when the final reading of the proposed elder housing ordinance is scheduled to take place. The alternative ordinance has a revised definitions section that reflects the changes noted above. ppdadmin/eldparty.mem June 3,1997 Dear City Council Members, I am unable to attend tonight's Council meeting but wish to make several comments concerning agenda item 5E "Alternatives for Elderly Housing". I am writing as a Longfellow resident, not as a Planning and Zoning Commissioner. First, let me say the concept of affordable elderly housing in the old ADS property is enthusiastically endorsed by Longfellow residents who have publically voiced an opinion. We are, however, weary and a bit gun shy after 5 years of dealing with this development. Our concerns remain the same as they have always been. Increased traffic resulting from higher density and a development plan in keeping with the rest of the neighborhood. Just because this will be elderly housing does not mean we lower our guard on this latest plan. I understand the "owner-occupied" requirement will be replaced with a "responsible party" residing in the "elderly family home" and providing board and room for the elderly occupants. I have discussed this change with a number of Longfellow Association board members and we have a number of concerns. 1- As we read the ordinance, the "responsible party" residing in the elderly family home could be a member of a large family living there; this family could have a number of elderly family members living there also but none of these persons are counted in the "up to 8 elders" per dwelling. Does the number of parking spaces required take into account the number of bedrooms the "responsible party's family has? Is there a way to limit the total number of bedrooms per lot, not just a limit on the number of elderly bedrooms? 2- As we understand, there is only one "responsible party" permitted. There can't be a house full of only "responsible persons" and no elderly occupants, 3- What safeguards do we have that the rule allowing only "elderly" as residents in both congregate housing and elderly family home will be enforced? Our neighborhood has had recurring problems with enforcement of "only 3 unrelated persons/unit" in RS8. Housing inspection staff admit it is often difficult determine the exact number of occupants. Can we require the renewal of rental permits for elderly housing be every year instead of every three? 4- Can the "responsible party" have a 8 hour day or night job outside the home, as long as there are meals on the table at the appropriate times. It appears the definition for "responsible party" is vague. Can the "responsible party" be a 17 year old high school student. Who is determining if this person is able to care for 8 elderly persons plus the care of a large home with over eight bedrooms? A "owner" in residence would have a vested interest in the maintenance of the home and its occupants where the "responsible party" may not have. Thank you for considering our concerns. We appreciate your interest and dedication in providing elderly with affordable alternative housing. Sincerely, Pam Ehrhardt Longfellow neighborhood resident Prepared by: 5156 :owler, Director of Parking & Transit, 410 E. Washington St., Iowa City, ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "CITY FI TAXATION AND FEES," OF FEES, RATES, FINES AND PENALTIES," CODE, TO ESTABLISH THE PARI S RATE FOR THE LINN LOT AT FOR THE FIRST :S AND FOR EACH ,L HOURS. WHEREAS encourage Central Business WHEREAS, the increase the num[ spaces in the CB- NOW, THEREF~ CITY COUNCIL IOWA: SECTION I. City of City desires to spaces in the Zone; and ~f Iowa City desires to of short-term parking )he, IT ORDAINED BY THE ~'ITY OF IOWA CITY, 3-4-' Title III, Chapter subsection entitled ng Violations" of the City of Iowa ~hould be and is hereby by addin the following provisi, to Section 3-4-7: Des )tion of Fee, unt of Fee, Ch/a. Bond, rge, Bond //~e or Penalty Fine r~enalty / Fees for Parking in City Parking Lots:~ / City parking lots adjacent to central busbess // district and central business: / Linn Street Lot per hour: / first three (3) hours ~.50/hr~ / each additional hour, except ' after 5:00 p.m. ~5.00/hr // SECTION II. REPEALER. All ordinances and / parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be 319-356- Ordinance No. Page 2 udication shall not affect the validity o' nance as a whole or any section, sion or p not adjudged invalid or ur tutior ~1. )N IV. EFFECTIVE DATE. Ordi- nance be in effect after its fir passage, a and publication, as prov by law. Pass~ and approved this day of ,19 MAYOR ATTEST: CITY CLE ApF City Attorney's ffice finpkg\rateinc3.ord Prepared~.' Misha Goodman-Herbst, Animal Shelter Supervisor, 410 E. Washington Street  319-356-5295 /  ORDINANCE NO. ~AN ORDINANCE AMENDING TITLE ~ENTITLED "POLICE R,,EGULATIONS", CHAI ~ ENTITLED GENERAL ANI~ REGULATIONS", SECTIONS 1,3, AND 4~/ TITE~8, ENTITLED "POLICE R,,EGU ~,T/I© CHAPTER 4, ENTITLED PET /ANI CONTROl", SECTIONS 1, 2, 3, 4, ;6, 8, 9, 11, AND 1~ OF THE CITY CODE PROVIDE NEW REGUL~ONS REGARDIN~ WHEREAS, it ~ in the health and safety to ~hibit and certain animals within forth certain minimum re~c pet shops, animal acts or exhibiti kennels, breeders, and restricted animals; to prohibit future pigeon lofts and regul~ 'rent pigeon lofts. City, IA 52240; NOW, THEREFORI BE IT OI~DAINED BY THE CITY COUNCIL OF/ IE CITY O~F~,IOWA CITY, ,owA:?\ SECTION I, Se/~tion 8-3-1 is herebyN[mended by deleting t7 defir tion of "Exotic_Artec,aiD", SECTIO,N, II/Section 8-3-3, entitled "Cruelty to Animals ,/s hereby deleted and a new Sect¥~n 8-3-3, e/ititled "Animal Neglect", is hereby' added,/o read as follows: . ~ / A.. No person shall neg!.ect, aban/don, abuse, torture, torment, mutilate, overwork, overload, beat, kill or cause the de/~th of.any...a.nimal by any means which c/a'uses unjustified pain, distress, or suffering or all to provide any animal with adequate care, ~ail to provide any a food, water, exercise, sanitation, space, in:oroe'r and outdoor shelter or veterinary care; nor shall any person transport any animal in or upon any area of a vehicle which is not enclosed unless the animal is tethered or restrained in such a manner as to prevent the animal from being thrown from the vehicle. ~ B. 1. A law enforcement or animal control officer, after consulting with a veterinarian licensed pursuant to Chapter 169, Ordinance No. Page 2 Code of Iowa, may rescue a neglected animal as provided in this section. The officer may enter onto private property to rescue a neglected animal if the officer obtains a search issued by a court or enters onto the in a manner consistent with the laws State of Iowa and the United States, Article I, section 8, of the rution of the State of Iowa, and the Fourth amendment to the Constitution of the United If an animal is rescued pursuar this the City shall provide fo~ the )f the neglected animal the City shelter. City may contract an animal care der for the maintena~ of the neglected The City shall p a notice in a cons lace at the where the animal was led. The no' shall state that the animal has een resc[ by the City pursuant to this Code of Iowa. The care provider for the regardless of proceeds r~ of the animal or any a court pursuant to s Iowa. 3. The disposition as re( Section 717B.4 C. The rescued by th Section 7171 717B.5, pay the animal al's maintenance eived from the sale rsement ordered by 717B.4, Code of be subject to by a Jrt pursuant to of Iowa, of a lected animal shall occur provided in Code of Iowa. SECTION Section 8-3-4 is here[ amended by subparagraph F, "Exotic Animal~ SEC; IV. Title 8, Chapter z~, "Pet Ani Control" is hereby ~ as ~ws: The title of Chapter 4 is by g the title "Animal Control" for et Control" B. The title of Section 8-4-5 is by substituting the title "Nuisances" for Nuisances". C. The definition of "Pet Animal" is hereby deleted from Section 8-4-1. D. The word '~pet" is hereby deleted from the following sections: 8-z~-2A, 8-4-2C, 8-4-3E(3), 8-z~-4A(1 ), 8-z~-4C, 8-4-5A, 8-4-5C, 8-z~-5D, 8-4-5E, 8-4-8B, 8-4-8C, 8-z~-8D(1), 8- 4-8F, 8-4-8G(1), and 8-4-8G(2). Ordinance No. Page 3 SECTION V. Section 8-4-1, entitled "Definitions" is hereby amended to read as follows: DEFINITIONS: As used in this Chapter, the following definitions shall apply: Animal: Any living creature, domestic or wild except a human being. Animal Acts or Exhibitions: Any disp ontaining one or more live animals whicl are )osed to public view for entertair ~ruction, or advertisement. Bo rdin.q Kennel: Any commercial )lace or ~lishment, other than the mun animal ,r, where dogs or cats or animals not ned by the proprietor, o or person in ession of the are sheltered, fed, and generally for in return for con,, or a fee. Breeder: ,ny person causes the breeding of a male or female or cat, or makes or allows a or cat ,e available for breeding, or any kitten that dog or cat. permit issued Cat Kennel enclosure cats over or maint, Circus: to sell a puppy or offspring of their adult eeders must possess a valid the Division of Animal Control. ny lot, building, structure, where five (5) or more of four (4) months are kept which charges metal of the ~blic an admission fee to w~ trained lions elephants, or other ar perform un~ the whip or command of master, trainer handler. Pound: Any shelter or pound established or by the City which may include any vate or charitable organization or facility used by the City or with whom the City has a contractual agreement for impoundm~ services. Commercial Kennel: A pla~ or establishment where the owner or employ< ;s perform groom- ing or training services for dogs or cats in return for a consideration or ;e. Defilement: To foul, dirty, or make filthy, either by the pet body or wastes or by the animal carr' or dragging any foul material. Do.q Kennel: Any lot, building~ structure, enclosure, or premises where four [~) or more dogs over the age of four (4) months are kept or maintained. Dog or Cat Show: Any place where dogs or cats are being exhibited and/or judged. Ordinance No. Page z~ Guard/Attack Do.q: A dog trained to attack persons upon the command of its master or custodian or upon the actions of an individual. Leash: A rope, line, thong, chain or other similar restraint, not more than six feet (6') in / length, of sufficient strength to hold the animal/'- in check. ~ Livestock: an animal belonging to the bl v ~, capfine, equine, ovine, or porcine sp ~(~ .s; ostriches, rheas, emus; farm deer, as. e in Section 481A.1, Code of Iowa; or p( ~. Includes not only biting and ~g human or other animal, but aisc annoy- e, interference with or reed( with any human or animal. Picture, Televisie or Theatrical ance: Any place or erformance where one or re animals are in the production of any tion pictur~ television, radio or theatrical whether for entertain- ment, g. Owner: In to its ordinary meaning, includes ~/ p ~on who owns, keeps or harbors an an~r Pet Shop: e of business or other commercial ~ent where animals are bought, st exchan or offered for sale. Pigeon Dove Loft: Any cage, loft, or ericlos[ where five more pigeons or dove,~ kept or Priv Property: All gs and other pr~ owned by a private son, including yards and service and ~rking areas. ohibited Animals: The )ecies of animals are hereb be prohibited: (1) Ilowing eclared to Canidae within the order Carnivora(e.g., wolves, wolf-dog hybrids which ~re at least fifty percent (50%) wolf, coy~,tes, coyote-dog hybrids which are at least fifty percent (50%) coyote, foxe~, jackals), but excluding Canis Familliaris~, the domestic dog. ~ (2) Felidae within the order Carnivora (e.g., lions, tigers, jaguars, leopards, cou. ga. rs, lynx, ocelots, bobcats, jungle cats), but excluding Felis domesfica, the domestic cat. (3) Procyonidae within the order Carnivora (e.g., coatis, pandas, raccoons, Procynonids). (4) Ursidae of the order Carnivora (e.g., black bears, brown bears, grizzly bears, polar bears). (5) Chiroptera (e.g., bats). Ordinance No. Page 5 (6) Cetacea (e.g., whales, dolphins, porpoises). (7) Pinnipedia (e.g., seals, sea lions, walrus). (8) Sirenia (e.g., sea cows, manatees). (9) Primates, including all families, (e.g., Cebidae, Cercopithecidae, Callithricedae, Pongidae, Lemuridae, Lorisidae, Tarsiidae, Colobinae, Hylobatidae, Pongidae; (e.g. monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees, orangutah, gorillas, apes)). (10) Formicidae within the order Hymenoptera(e.g., fire ants). (1 1) Apidae; specifically Africanized strains of the Apis ~ellifera honey bee. 112) Proboscidea, Hyracoidea, Tubulidentata (e.g., elephants, hyraxes, aardvarks). Edentata, Pholidota (e.g., anteaters, sloths, armadillos). (14] IVlarsupialia (e.g., kangaroos, wallabies, except for sugar gliders. (15) )codylidae of the order Squ~mata (e. crocodiles, alligators, /eYaimans, (16) of the order Squamata (e.g monsters, beed lizards). (17) ,e Viperid Elapidae, Opisthog . and all other orders poisonous or venomous rattlesnakes, vipers, c s, copperheads, cottonmouths, moccasins, sea snakes, puff aders isy hognoses). (18) Eunectes der Squamata (e.g., green am (19) Python Reticulatus, Pytho Amethystina of the Squamata. (20) Ve S o the families and respectively, scorpions of the Scorpiones, g pandinus im ,r (emperor scorpion). ) All wild animals indigenous State of Iowa, as defined in Cha 481A, Code of Iowa. lic Property: Buildings, right of way ~ other lic property owned or dedicated to h use he City and other governmental er :i stricted Animals: The folio ]g us/species of animals are hereby o restricted: Ferrets. (2) Iguana iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus and species Ordinance No. Page 6 Komodoensis, Salvadorii, Salvator, Niloticus, Albigularis, and Indicus. (3) Vietnamese Pot-Bellied Pigs (also subject to zoning requirements). (4) Ostriches, Emus, Rheas, and Peafowls (also subject to zoning requirements). (5) Artiodactyla and Camelidae, including camels, alpacas, llamas, and vicuna {also subject to zoning requirements). (6) Sugar gliders. (7) Other small livestock-type animals (also subject to zoning requirements). A contest, exhibition or competition ;h charges members of the public an sion fee to watch the skill of contestants or nts in horsemanship where lassoing is ! involving cattle, horses, bulls, goats, pigs, and Id bovine and/or where contestants ride wild Ils or wild horses for public entertalin Veterinarian: )erson duly licensed by the State of Iowa to Veterinary maintained and o the diagnosis and injuries to animals animals. SECTION VI. Title 8,/Cha hereby amended t~ead as It shall be theduty of the Animal ~1 ( veterinary medicine. ,n establishment regularly ~d by a veterinarian for of diseases and Which may board Section 2A is ~ctor of the together with animal personnel, to force the provisions the Chapter and -related regulation,, the Code of Iowa, as ;nded, and to any animal found g at large a,, herein or neglected as ded in 8-3-3 of this Code. The an ~al con personnel shall provide adequate w desome food for animals impounded, ~vide careful and humane treatment toward animals and shall also provide for the disposition of animals in a manner deemed appropriate by the City. SECTION VII. Title 8, Chapter 4, Section 2B is hereby amended to read as follows: The personnel of the Division of Animal Control of the City of Iowa City are designated as the official agents of the City for the purpose of issuing animal licenses and permits, and collecting fees pursuant to this Chapter. SECTION VIII. Title 8, Chapter 4, Section 3B is hereby amended to read as follows: Ordinance No. Page 7 Every owner of a dog or cat over the age of four (z~) months shall procure a City animal license each calendar year or within thirty (30) days of the animal being brought into the City. SECTION IX. Title 8, Chapter 4, Section 3C(1) .is hereby amended to read as follows: At the time of making application for a City license, the owner shall furnish to the City a veterinarian's certificate showing that the dog or cat for which the license is sought has be,¢q vaccinated against rabies virus and that s/~ch vaccination will not expire within si~,' (6) onths from the date the license is issued. In r to take advantage of the Iower/~ate for ered animals, the owner shall, aythe time app'l~cation is made for an ani~j~l license, prese.~,t a certificate of neutering ~igned by a veterin~,rian containing a desor )tion of the ~ni~m~^?~l, ~ call name and date neutering, if known. 3uch certificate be used in subset license applicati SECTION X. tie 8, Cha 4, Section 31:(5) is hereby deleting the word "duplicate" it with the word "replacement". SECTION XI. Title Chapter 4, Section 31, entitled "Except s hereby amended to read as followsy Exceptions The ~g provisions of this Chapter shal,I, not be a to animals whose owners are ~onresidents orarily within the City or ani~nals brought he City for the purposed of participating in animal show. Owners, of animals which are [ned to assist them with their disabilities shall be charged a fee,' to license said animals, ough said ani,m~als are still otherwise sub to the licensing provisions of this Chapter. ~ECTION XII. Title 8, Chapter 4, //entitled "Noisy Animals", is hereby 5B, read as follows: No person shall cause or allow any under their care, charge, custody, or control emit any noise which annoys, disturbs offends, or unreasonably interferes with the comfortable enjoyment of life or property of the neighborhood or general public. The provisions of this section shall not apply to a commercial establishment which is permitted pursuant to the Zoning Code. Ordinance No. Page 8 SECTION XIII. Title 8, Chapter 4, Section 6 is amended to read as follows: A. No person shall keep or maintain an animal declared to be prohibited under this Chapter. Notwithstanding this provision: 1. Indigenous wildlife rehabilitators who possess required United States Fish and Wildlife permits, required Iowa State Department of National Resources permits, and a valid permit issued by the Division Animal Control of the City of Iowa City maintain prohibited wildlife for reha[ purposes. 2. A prohibited animal which is p and appropriately restrained be transported to a veterinarian for e[ medical care or treatment and remain within the confines of the clinic or hospital as long as the anita is receiving medical treatment. No person shall keep or ma an animal to be a restricted under this Chater without a valid pe~ issued by the n of Animal Control the City of Iowa City. C. Pi( lofts and dm lofts are )rohibited within City. provision, ly person pigeon July 1, pigeon and/or, restrictions: 1. As o' lofts shall pigeons g this owns or operates a within the City prior to to operate such subject to the following y 1, 1997, pigeon and dove )use more than forty (40) ves at any one time. 2. of July 2000, pigeon and dove lofts not hou~ more than thirty (30) s and/or at any one time. 3. The )r persons who own or/o~ pigeon and ,ve lofts within the C/ity as of July 1, )~7 shall not be /transferable, and shall !t~.n with the land. DT/Animals at Large Prohibited~ 1. No animal shall be f~und at large within the City at any time. ~ properly li- censed animal shall not be deeh~ed at large if: if: a. It is tethered or on the~enclosed ~ premises of the owner; or ~ ~ b. It is tethered or on the e closed ~ premises of another person ~ h the  knowledge and consent ( that ~ person; or ~ c. It is under the control of a competent to restrain the either by leash or properly restrain~ Ordinance No. Page 9 within a motor vehicle or enclosed within a structure. 2. Notwithstanding the provisions of this subsection, any animal shall be at large at any time when the animal attacking humans, other animals or destroying property or is on any property, except when under restrai as set forth above. In addition, any fem~ animal in estrus shall be deemed at I~ at any time, except: a. When housed in building completely enclosed b. When housed in a hospital or boarding kennE or regis- tered with the S or c. When on the p raises of the owner, provided the in which such animal is is completely enclosed a fence or other structure a height of at least sixty incl (60"); or d the control of a person to restrain the animal, leash or properly restrained E. On Priw taken, not ownec the pro thereo F. In ~ a motor vehicle. Property: No animal shall be or permitted on private property ~e owner of the animal without the person owning such 'son in possession or control merits: No animal shall be taken or ,ermitted on or in any bui store, ~nt or tavern where food or products are old, prepared or dis- to humans ,~r than the owners except for ~,p_roperly trained and to assist persons w~h disabilities while such animals are acting in s~ch capacity. G. Tying Animals: No animal '~r livestock shall be tied by any person to a utili~ pole, parking meter, building, structure, fenc~, sign, tree, shrub, bush, newspaper or advert~,sing rack or other object on public property~o~r tied on private property without the cons~t of the owner or person in possession or,control thereof or tied in such a manner as to ~trude onto a public sidewalk or street or inhibit~egal entry onto property, except for anir~als properly trained and certified to assist persd~s with disabilities while such animals are actin~ in such capacity. X~ H. Solid Waste Removal: Any person who shall walk an animal on public or private property shall provide for the disposal of the solid waste Ordinance No. Page 10 material excreted by the animal by immediate removal of the waste, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. I. Pet shops displaying, selling, or transferring turtles, tortoises or iguanas must display in public view a notice of warning regarding the transmission of Salmonella. SECTION XIV. Title 8, Chapter 4, Section 8C,/ entitled "Notice of Impoundment", is hereb,,~ amended to read as follows: // Not later than two (2) calendar days z~fter ~the impoundment of any animal the owner, if own, shall be notified of such impo~p~lment. SI~.CTION XV. Title 8, Chapter 4, ,Section 9, ent~,t~led "Fees", is hereby amende, d to read as follo~/s: / FEF~S: The following animal ~es shall be set by resb~ution of the City COuncil: permits, delinqueh~t permit fees, licenses, delinquent license fe~, board'ing of ' ~pounded animals, owner reckmarion of pounded animals, adoption of~impound~ animals, and for acceptance o1~ y surrendered for adoption SECTION XVI. Ti" 8, Chapter 4, Section 11, entitled "Owner is hereby deleted and a n 8, Chapter 4, Section 11, entitled 3ility of Owners" is hereby adde(~', to read The owr~{gr of an ar .shall be responsible for obtaining lice kpermits, and vaccinations and for the ,'ah~ and control of any su~Th animal as defined S~,ction 8-4-5 of this C/Hapter. The owner shall Re prima fa¢ie resp~'nsible for any violation of Section 8-4-6 of this/Chapter by any animal own%d by said o/~ner. ~ /SE.C.TION.._XVII. Title 8, Chapter 4, Sect~n 12, /entitled "Penalties", is hereby renumbeh~d as / Title8, Chapter4, Section 13. ~ / SECTION XVIII. Title 8, Chapter 4 is herel~ / amended by adding a new Section 1 2, entitlec~ / "Permit Required", to read as follows: / A. No person shall, keep, maintain, conduct / or operate within the City of Iowa City any / animal act or exhibition which charges a fee for admission, cat or dog kennel, cat or dog show, pet shop, restricted animal, boarding kennel, commercial kennel, motion picture, television or Ordinance No. Page 1 1 theatrical performance where an animal is used, circus, rodeo, or breed animals without first / obtaining a permit therefore from the Division X, of Animal Control of the City of Iowa City. // ~Prior approval from Housing or Zoning --~)epartments may also be necessary. ~B.1. Each application for a permit hereunder sh~11 be in writing upon a form to be furnished by ~,he Division of Animal Control. ~ 2. All permits issued by the Division of// Animal Control shall automatically expire year f~m the date of issue, unless revoke¢ or suspen~ ed. 3. thirty days after the ex i~ation the permittee shall appl! and ,newel of the permit in in this Chapter. Failuf renew ~in the time herein p shall inquent fee, in a to the of any secure a provided a permit result in a regular :ee, as set by City Council. All applicants ~all be with permit rules and re( )ns at the the application is made. Permit ulations shall be approved by City Council. 4. All permi :ued to commercial kennels, pet shops, ting kennels, circuses, and rodeos shall kept posted in a conspicuous place. C. Upon an application for a permit or the Division of Animal Control =uch investigation and inspection the animal [nd the premises where the al will be as it deems proper withi~ law. The ~ion of Animal Control she issue a an applicant unless it 1. keeping of the animal the place set in the application and the c~nduct or op( ~n of the business for which th'~ permit is rec, sted will violate any law or ordinb, nce of thiFt f, or any law of the State of Iow~a~ or /_ 2. The keeping of the animal at the I~ace sbt forth in the application and the conduct~ or /operation of the business for which the pern~,t is requested will constitute a danger to th(~ health, peace or safety of the community; or~ 3. The applicant has failed to provide any animal in his or her possession, care, or control with adequate food, drink, shelter, or protection; or ~, 4. The premises and establishment where the animal is to be kept is not maintained in a clean and sanitary condition; or ~ 5. The applicant has failed to protect any animal in his or her possession, care, or control Ordinance No. Page 1 2 from needless suffering, torment, cruelty, abuse, or neglect; or 6. The applicant has had a permit revoked within one year prior to the date of the application; or 7. The applicant has been convicted of any offense involving the violation of Chapters 717A or 717B, Code of Iowa, Section 8-3-3 of this Code, or any provision of this Chapter. D. Any permit issued under this Chapter ~y be revoked or suspended if after due ;stigation, and after the permittee has been the opportunity to give a written or oral// ent and present evidence, the Division 0~f Control and/or the Animal Cont~bl Board finds: / 1. ~e keeping of the animal at the/place set forth the application and the con~luct or operation :he business for which the permit was issued lates any law or ordma/nce of the City, or any of the State of Iovy'a; or 2. The set forth in the operation of the is requested will health, peace or 3. The employee has failed their possession, proper and sufficient protection; or 4. The perm employee has failed to of the anim.a/l~'at the place )lication and tt~e conduct or / ~siness for which the permit /a danger to the of t,b'e community; or , I~i~ or her agent, or provide any animal in or control with the ,d, drink, shelter, or or her agent, or in the premises or Caging areas in atclean and nitary condition; or / \ 5. The ~ermittee, his )r~ her agent, or employee has failed to protect ny animal in their posses~on, care, or control ~m needless suffering, ~brment, cruelty, abuse, ,r neglect; or 6./The permittee has had permit revokedf within one year prior to late of applic~ion; or J7. The permittee has been of any//offense involving the violation of Cha rs 7~/7A or 717B, Code of Iowa, Section 8-~ (~f t~tis Code, or any provision of this Chapter. ~ // E. Waiver of Fees. // 1. Permit fees may be waived for !icensed non-profit organizations, educational institutions, licensed rehabilitators, dog or cat shows conducted for educational purposes, or other animal exhibitions or acts conducted for educational purposes. ~ 2. Permit fees shall be waived for Johnson County Humane Society foster Ordinance No. Page 1 3 caregivers harboring dogs or cats in their private homes or kennels. This waiver shall apply only to their temporarily-housed foster animals and not to their privately-owned animals. A list of foster homes and foster kennels shall appear on the permit application of the Johnson County Humane Society. 3. Permit fees shall be waived for state- ~roved wildlife rehabilitators who maintair w~ Ilife for rehabilitation purposes or f, om 'ng care and possess required Uni Fish and Wildlife permits and re( Iowa rate Department of Natural Re.. XIV, REPEALER. All ordin and parts of in conflict provi- sions of Ordinance are ealed. SECTION SEVERABILITY. section, provision or ~art of the Ordi~ ,'e shall be adjudged to nvalid or unco~ ational, such adjudication not affect validity of the Ordinance as a Iole or ~ction, provision or part thereof ~valid or unconsti- tutional. SECTION XVI. EFF E DATE. This Ordi- nance shall be in after its final passage, approval and public as provided by law. Passed and a this day of / MAYOR ATTEST: :LERK Apl C Attorney's Office dennis.mit\animals\animal,ord Prepared by: Misha Goodman-Herbst, Animal Shelter Supervisor, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5295 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS", CHAPTE 3, ENTITLED "GENERAL ANIM REGULATIONS", SECTIONS 1,3, AND 4; AN[ TITLE 8, ENTITLED "POLICE REGULATION," CHAPTER 4, ENTITLED "PET ANII~ CONTROL", SECTIONS 1, 2, 3, 4, 5, 6,~ 9, 11, AND 12 OF THE CITY CODE TO PP~ NEW REGULATIONS REGARDING A/~AI ;. HEREAS, it is in the public int/e'rest, health afety to prohibit and r~.tric.t certain anir~ls within the City; to :~t forth certain minim'N,m regulations regar/¢ling pet shops, animal ~ts or exhibitions,//kennels, breeders, and restr~ed animals; 5d to prohibit future pigeon Iofts~ and current pigeon lofts. NOW, CITY COUNCIL IOWA: BE IT ORDAINED BY THE CITY OF IOWA CITY, SECTION I. )ter 3, Section 1, entitled hereby amended by repea n! definition "Exotic Animals". SECTI* II. Title 8, Cha :r 3, Section 3, entitl "Cruelty to 3", is hereby rep and a new Title 8, ter 3, Section 3, "Animal Neglect", is reby added, as follows: A. No person neglect, abandon, abuse, torture, torment Jtilate, / overwork, overload, beat, kill or the death of any animal by any means ch causes unjustified pain, distress, or sufferin fail to provide any animal with adequate care, food, water, exercise, sanitation, space, indoor and outdoor shelter or veterinary care; nor shall any person transport any animal in or upon any area of a vehicle which is not enclosed unless the animal is tethered or restrained in such a manner as to prevent the animal from being thrown from the vehicle. Ordinance No. Page 2 B. 1. A law enforcement or animal control officer, after consulting with a veterinarian licensed pursuant to Chapter 169, Code of Iowa, may rescue a neglected animal as provided in this section. The officer may enter onto private property to rescue a neglected animal if the officer obtains a search warrant issued by a court or enters onto the premises in a manner consistent with the laws of State of Iowa and the United States, including Article I, section 8, of the Constitution of the State of Iowa, and Fourth Amendment to the Constitution o United States. 2. If an animal is rescued pu~ this section, the City shall provi( the maintenance of the neglected ar at the City s~lter. The City may co~ with an animal owe provider for the mai/H :e of the neglected~nimal. The City s/J4al post a notice in a consp~uous place at/t~e location where the animal w~s rescued. he notice shall state that the anim~ has rescued by the City pursuant to Code of Iowa. care provider regardless of pro of the animal or a court pursu~ Iowa. 3. and Section 717B.5, shall pay the animal ~e animal's maintenance received from the sale 'eimbursement ordered by ;ection 717B.4, Code of shall be subject to dispositior required a court pursuant to Section Code owa. C. disposition a neglected animal rescue~ by the City shall oo~cur as provided in Sects( 717B.4, Code of Iov~ SEOTI£ x] III. Title 8, Chapter\3, Section 4, endtied "Prohibited Acts and C~nditions", is h~reby amended by repealing subparagraph F, entitled "Exotic Animals". ~ SECTION IV. Title 8, Chapter 4, enticed "Pet / Animal Control" is hereby amended as fexllows: / A. The title of Chapter 4 is amencl~d by / substituting the title "Animal Control' for x~,Pet / Animal Control". ~ / B. The title of Sect,!on.8, -4-~_i_s,, ~a _..en, d~e_% / by substituting the title Nuisances for Pet "' ~-- Nuisances". C. The definition of "Pet Animal" is hereby repealed from Section 8-4-1. D. The word "pet" is hereby repealed from the following sections: 8-4-2A, 8-4-2C, 8-4-3E(3), 8-4-4A(1 ), 8-4-4C, 8-4-5A, 8-4-5C, Ordinance No. Page 3 8-4-5D, 8-z~-SE, 8-4-8B, 8-z~-ec, 8-4-8D(1), 8- z~-eF, 8-4-8G(1), and 8-4-8G(2). SECTION V. Title 8, Chapter 4, Section 1, entitled "Definitions", is hereby amended to read as follows: DEFINITIONS: As used in this Chapter, the following definitions shall apply: Animal: Any living creature, domestic or wild, except a human being. Animal Acts or Exhibitions: Any display containing one or more live animals which are exposed to public view for entertainment or advertisement. Boarding ,nnel: Any commercial other than the municipal shelter, dogs or cats or other not owned by proprietor, owner, in possession he premises ar~ fed, watered and ~nerally care~ in return for consideration fee. Breeder: Any of a male or female allows a dog or cat to b~ or any person who offE kitten that is a direct dog or cat. All breec permit issued by Cat Kennel: lot, the breeding or makes or lable for breeding, to sell a puppy or of their adult st possess a valid ~f Animal Control. structure, enclosure or where ve (5) or more cats over the of four (z~) are kept or C /~ Circus: An event or performance ~ hich charges members o~the public an sion fee to watch tra/i,~ed lions, tigers, s, or other animals~erform under the whip or ~m~nd of a ringr~'aster, trainer, or handler. \ City 1~5und: Any public animal shelter ~[ pound estaJ~lished or maintained by the City~which ma/~/ . include any private or chal~table organization or facility leased by the Ci~ or ~ith whom the City has a contractual /agreement for impoundment services. ~ /Commercial Kennel: A place or establishmer~ .where the owner or employees perform groom; ing or training services for dogs or cats in return for a consideration or fee. Defilement: To foul, dirty, pollute or make filthy, either by the pet animal's body or wastes or by the animal carrying or dragging any foul material. Do.q Kennel: Any lot, building, structure, enclosure, or premises where four (4) or more dogs over the age of four (z~) months are kept or maintained. Ordinance No. Page 4 Do.q or Cat Show: Any place where dogs or cats are being exhibited and/or judged. Guard/Attack Do.q: A dog trained to attack persons upon the command of its master or custodian or upon the actions of an individual. Leash: A rope, line, thong, chain or other similar restraint, not more than ten feet (10') in length, of sufficient strength to hold the animal in check. Livestock: an animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, emus; farm deer, as defined in Section 481A.1, Code of Iowa; or poultry. Molest: Includes not only biting and scratching a human or other animal, but also any annoy- ance, interference with or meddling with such hum animal. Motion cture, Television, or Theat Performan~ ,~: Any place or performance one or mort animals are used in the of any mo )n picture, television or theatrical whether fo~ ment, ,n, or advertising. Owner: In ition to its ordi meaning, includes any rson who keeps or harbors an Pet Shop: Any or other commercial animals are bought, sold, exch~ or offered for sale. Pigeon or Dove Any cage, loft, or enclosure where fiw (5) or more pigeons or doves are kept or :ained. Private Property: buildings and other property owned person, including buildings, yard~ and parking areas. Prohibited imals: The following genus/speci~ animals ar hereby declared to be prohibit~ (1) Can within the Carnivora (e.g., wolf-dog which are at Ic fifty percent coyotes, ~1 hybrids whic are at least percent (50%) co )te, foxes, jackals), but excluding Familliaris, the domestic dog. Felidae within the order ra (e.g., lions, tigers, jaguars, leopards, )ugars, lynx, ocelots, bobcats, jungle :a~), but excluding Fells domestica, the dorf~stic cat. ~ (3) Procyonidae within the order Carniv(~r~, (e.g., coatis, pandas, raccoons,~,. Procynonids). (4) Ursidae of the order Carnivora (e.g., black bears, brown bears, grizzly bears, polar bears). Ordinance No. Page 5 (5) Chiroptera (e.g., bats). (6) Cetacea (e.g., whales, dolphins, porpoises). (7) Pinnipedia (e.g., seals, sea lions, walrus). (8) Sirenia (e.g., sea cows, manatees). (9) Primates, including all families, (e.g., Cebidae, Cercopithecidae, Callithricedae, Pongidae, Lemuridae, Lorisidae, Tarsiidae, Colobinae, Hylobatidae, Pongidae; (e.g. monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees, orangutan, gorillas, apes)). (10) Formicidae within the order Hymenoptera(e.g., fire ants). (11) Apidae; specifically Africanized strains of the Apis Mellifera honey bee. (12) Proboscidea, Hyracoidea, Tubulidentata (e.g., elephants, hyraxes, aardvarks). (13) Edentata, Pholidota (e.g., anteaters, sloths, armadillos). (14) Marsupialia (e.g., kangaroos, wallabies, koala), except for sugar gliders. (15) Crocodylidae of the order Squam (e.g., alligators, (16) (17) (18) (19) (20) (e.g., 0 orders ,ich venomous vipers, cottonmouth,' puff aders, m~ Eunectes of green ariacol Python S Python the ordE Terid ,~rmatidae of the order ila monsters, beeded ae, Viperidae, Elapidae, )hous Colubri¢ and all other includ( poisonous or rattlesnakes, copperheads, sea snakes, isy hognoses). order Squamata (e.g., Python Reticulatus, relia Amethystina of Spiders of the families and :lag respectively, )ions of the Scorpiones, exam pandinus im rator (emperor s, 6orpion). (21)/All wild animals inditer d~,to the State / of Iowa, as defined in Ch~oter 481A, / Code of Iowa. P~blic Property: Buildings, right of w.a~ or other /public property owned or dedicated. t0x,th.e use ~_,of the City and other governmental entices. 'Restricted Animals: The following genus/species of animals are hereby declare'~to be restricted: (1) Ferrets. (2) Iguana iguana, lizards of the order of Chamaeleontidae, and lizards of the Ordinance No. Page 6 genus Varanus~ and species Komodoensis, Salvadorii, Salvator, Niloticus, Albigularis, and Indicus. (3) Vietnamese Pot-Bellied Pigs (also subject to zoning requirements). (4) Ostriches, Emus, Rheas, and Peafowls (also subject to zoning requirements). (5) Artiodactyla and Camelidae, including camels, alpacas, llamas, and vicuna (also subject to zoning requirements). (6) Sugar gliders. (7) Other small livestock-type animals (also subject to zoning requirements). Rodeo: A contest, exhibition or competition which charges members of the public an admission fee to watch the skill of contestants or entrants in horsemanship where lassoing is performed involving cattle, horses, bulls, goats, pigs, and wild bovine and/or where contestants ride wild bulls or wild horses for public entertainment. Veterinarian: A person duly licensed by State of Iowa to practice veterinary medi Veterinary Hospital: An establishment r~ maintained and operated by a veteri~ for the diagnosis and treatment of di and · ' and board animals entitled read as /s: It shall Animal with animal co provisions of th regulations of and to im large as defir in Section /I. Title 8, Cha :orcement", 4, Section 2A, amended to the Director of the (" Director"), together personnel, to enforce the :hapter and animal-related ;ode of Iowa, as amended, animal found running at or neglected as provided of his Code. The animal control ~..\provide adequate and wholes food for ani~nals impounded, shall provid~ :areful and hum~e treatment toward such/a imals and shall a~o provide for the disp/6si an of animals in ~ manner deemed aTrop ~te by the City.~ )~ECTI( ~ VII. Title 8, ChapterS, Section 2B, entitlec "Administration of P~visions", is hereby amended to read as foilova: The personnel of the Division~of Animal Control of the City of Iowa City are cl~,signated as the official agents of the City ~r the purpose of issuing animal licenses and pe'i'mits, and collecting fees pursuant to this Chapter. Ordinance No. Page 7 SECTION VIII. Title 8, Chapter 4, Section 3B, entitled "Which Animal Require License", is hereby amended to read as follows: Every owner of a dog or cat over the age of four (4) months shall procure a City animal license each calendar year or within thirty (30) days of the animal being brought into the City. SECTION IX. Title 8, Chapter 4, Section 3C(1) is hereby amended to read as follows: At the time of making application for a City license, the owner shall furnish to the City a veterinarian's certificate showing that the dog or cat for which the license is sought has been vaccinated against rabies virus and that such vaccination will not expire within six (6) months from the date the license is issued. In ~ order to t~ke advantage of the lower rate for// neutered ai~mals, the owner shall, at the tim,e/ application ~ made for an animal licen,~'e, present a cer~icate of neutering signed/,Dy a veterinarian co'~taining a descriptionJof the animal, its call n'~me and date of n~ftering, if known. Such ~ertificate mayjlSe used in subsequent license~pplication~ SECTION X. Title 8,\Chap/t re~4, Section 3E(5) is hereby amended \by//repealing the word "duplicate' and repla~fng it with the word "replacement". SECTION XI. Tit entitled "Exce read as Exceptic The licen~ Chapter not be appli~ owners nonresidents City c brought in purp of participating in ~apter 4, Section 31, hereby amended to provisions of this to animals whose ~porarily within the the City for the ~ny animal show. of animals which a~ trained to assist with their disabilities not be charged to license said animal,~ although said are still otherwise ~bject to the licensing provisions of this Cha SECTION XII. Title 8, Chapter 4, ;ection 5B, entitled "Noisy Animals", is hereby to read as follows: No person shall cause or allow animal under their care, charge, custody, or ~rol to emit any noise which annoys, disturbs, offends, or unreasonably interferes with the comfortable enjoyment of life or property of the neighborhood or general public. The provisions of this section shall not apply to a commercial Ordinance No. Page 8 establishment which is permitted' pursuant to the Zoning Code. SECTION Xlll. Title 8, Chapter 4, Section 6, entitled "Prohibitions and Requirements", is hereby amended to read as follows: A. No person shall keep or maintain an animal declared to be prohibited under this Chapter. Notwithstanding this provision: 1. Indigenous wildlife rehabilitators who possess required United States Fish and Wildlife permits, required Iowa State Department of National Resources permits, and a valid permit issued by the Division of Animal Control of the City of Iowa City may maintain prohibited wildlife for rehabilitation purposes. 2. A prohibited animal which is properly and ~appropriately restrained may be transported to a veterinarian for emergency medicalcare or treatment and may remain within tl~e confines of the veterinary clinic or hospital as long as the animal is receiv/j~ medical t~eatment. B. No p~;~hall keep or maintain an~nimal declared to b~ a restricted animal er this Chapter withoL~ a valid permit is,~ by the Division of al Control of the of Iowa City. C. Pigeon lofts ~d dove I¢ are prohibited within the provision, any pigeon and/or dove July 1, 1997 may pigeon and/or dove restrictions: 1. As of lofts shall nc house vithstanding this owns or operates a the City prior to ~tinue to operate such subject to the following 997, pigeon and dove ~ore than forty (40) pigeons and doves at one time. 2. of July 1,2, 0, pigeon and dove lofts sha not house than thirty (30) 'or doves at an' one time. 3. The exemption for ersons who own or op pigeon and dove within the City as July 1, 1997 shall not 9 to ant person or another :y. Animals at Large Prohibited: 1. No animal shall be at large within the City at any time. A roperly li- censed animal shall not be at large if: a. It is tethered or on the enbl.0sed premises of the owner; or It is tethered or on the enclosed premises of another person with the Ordinance No. Page 9 knowledge and consent of that person; or c. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle or enclosed within a structure. 2. Notwithstanding the provisions of this subsection, any animal shall be deemed at large at any time when the animal is attacking humans, other animals, or destroying property or is on any public property, except when under restraint as set forth above. In addition, any female animal in estrus shall be deemed at large at any time, except: a. When housed in a bu completely enclosed; or b. When housed in a )ital or boarding kennel licens or regis- tered with the State; o ¢. When on the premis~ the owner, )rovided the which such animal is Iocat is completely nclosed by fence or other · ucture hav a height of at least ); or either withir E. On Private taken, allowE not owned the control of a person to restrain the animal, leash or properly restrained motor vehicle. ~erty: No animal shall be reitted on private property ~er of the animal without the perm' of property the person thereof. F. In Est allow taken or bull( store, restaurant or products are sold p, ;ed to humans other except for animals person owning such possession or control No animal shall be ,~d on or in any ~vern where food repared or dis- the owners y trained and ertified to assist persons with ies while such animals are acting in such ~city. G. Tying Animals: No animal or :ock shall be tied by any person to a utility parking meter, building, structure, fence, s~ tree, shrub, bush, newspaper or advertising ~ck or other object on public property or on private property without the consent owner or person in possession or thereof or tied in such a manner as to intrL onto a public sidewalk or street or inhibit legal entry onto property, except for animals properly trained and certified to assist persons Ordinance No. Page 10 with disabilities while such animals are acting in such capacity. H. Solid Waste Removal: Any person who shall walk an animal on public or private property shall provide for the disposal of the solid waste material excreted by the animal by immediate removal of the waste, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. I. Pet shops displaying, selling, or transferring turtles, tortoises or iguanas must display in public view a notice of warning regarding the transmission of Salmonella. SECTION XIV. Title 8, Chapter 4, Sectiorf 8C, entitled "Notice of Impoundment", is hereby amended to read as follows: Not later than two (2) calendar days after the impoundment of any animal the own if known, shall be notified of such impoul SECTION XV. Title 8, Chapter 9, entitled "Fees", is hereby to read as follows: FEES: The following anir fees shall be set by )n of the permits, delinquent ermit delinquent license fees impounded animals, owner impounded animals, adoption of i Jnded animals, and for acceptance of a voluntarily surrendered for adoption o~ osal. SECTION X Chapter 4, Section 11, entitled . r~es9ons~bd~ty, is hereby repealed .~ a new Title~8, Chapter 4, Section 11, en,ttl, "Responslb-:~l~ty of Owners" is hereb)f'~ J( I, to read as fol,lows: ~t~e owner of an animal s~11 be responsible for// obtaining licenses, ~9, ermits, and v§ccinations and for the care ~a.nd control of ahy such animal as defined Sect'Xion 8-4-5 of ,,th~s Chapter. The owner shall be~xrima fac[e /"responsible for any violation of Sectice, 8-4-6 of .// this Chapter by any animal owned XL~y said /// owner. ~ /'"' SECTION XVII. Title 8, Chapter 4, Section 1~_, / entitled "Penalties", is hereby renumbered a~s Title 8, Chapter 4, Section 13. ~ SECTION XVIII. Title 8, Chapter 4 is hereby amended by adding a new Section 1 2, entitled "Permit Required", to read as follows: Ordinance No. Page 1 1 A. No person shall, keep, maintain, conduct or operate within the City of Iowa City any animal act or exhibition which charges a fee for admission, cat or dog kennel, cat or dog show, pet shop, restricted animal, boarding kennel, commercial kennel, motion picture, television or theatrical performance where an animal is used, circus, rodeo, or breed animals without first obtaining a permit therefore from the Division of Animal Control of the City of Iowa City. Prior approval from Housing or Zoning Departments may also be necessary. B. 1. Each application for a permit hereunder shall be in writing upon a form to be furnished by the Division of Animal Control. 2. All permits issued by the Division of Animal Control shall automatically expire one year from the date of issue, unless revoked o suspended. 3. thirty days after the expi of any permit, he permittee shall a and secure a of the permit in manner provided for in Chapter. to renew a permit within time herein shall result in a delinqu fee, in to the regular permit fee, City Council. All applicants shall with permit rules and regulations time the application is made. Permit rules ~ regulations shall be approved by resolutio the City Council. 4. All permi~ to commercial kennels, pet shops kennels, circuses, and rodeos sh pt posted in a conspicuous pie C. Upo~ filing of application for a permit or rc thereof, the Division of Animal Con may make s '.h investigation and inspec of the animal, the premises where th~ animal will be ke as it deems proper the law. The of Animal Control then issue a permit tc ~n applicant unless finds: The keeping of the animal a~the place set in the application and the c.~nduct or opE ~ of the business for which tl~ permit is ~E uested will violate any law or ordir~nce of thrs City, or any law of the State of Iov~; or / 2. The keeping of the animal at theylace sett forth in the application and the condu~ or operation of the business for which the per~. it is requested will constitute a danger to tll~ health, peace or safety of the community; or ~ 3. The applicant has failed to provide any animal in his or her possession, care, or control with adequate food, drink, shelter, or protection; or ~ Ordinance No. Page 1 2 4. The premises and establishment where the animal is to be kept is not maintained in a clean and sanitary condition; or 5. The applicant has failed to protect any animal in his or her possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The applicant has had a permit revoked within one year prior to the date of the application; or 7. The applicant has been convicted of any offense involving the violation of Chapters 717A or 717B, Code of Iowa, Section 8-3-3 of this Code, or any provision of this Chapter. D. Any permit issued under this Chapter may be revoked or suspended if after due investigation; and after the permittee has been given the opportunity to give a written or oral statement and present evidence, the Animal Control and/or the Animal C~ Advisory Board finds: I. The keeping of the animal a place set forth in the application and th ~onduct or operation of the business for the permit was issued violates any law o ~inance of the City, or an of the Iowa; or 2. keeping of at the place set forth in e applical and the conduct or operation of is requested health, peace ol 3. The p, employee has their posse,, proper ant protectio ;s for which the permit tute a danger to the ,~ty of the community; or ,ittee, his or her agent, or to provide any animal in ~re, or control with the food, drink, shelter, or 4 ~ ,e~ his or her agent, or emplo)/ has failed to m~intain the premises or cagi~)~j areas in a clean ar~ sanitary condition; or/5. The permittee, hi'or her agent, or ~nployee has failed to prot~t any animal in Aheir possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The permittee has ha~ a permit revoked within one year prior to th~ date of application; or ~ 7. The permittee has been conv~ted of any offense involving th ve iolation of Ch'~pters 717Aor717B, Code of lowa, eS ction8-3~3of this Code, or any provision of this ChapterS, E. Waiver of Fees. 1. Permit fees may be waived for licensed non-profit organizations, educational institutions, licensed rehabilitators, dog or cat Ordinance No. Page 1 3 shows conducted for educational purposes, or other animal exhibitions or acts conducted for educational purposes. 2. Permit fees shall be waived for Johnson County Humane Society foster caregivers harboring dogs or cats in their private homes or kennels. This waiver shall apply only to their temporarily-housed foster animals and not to their privately-owned animals. A list of foster homes and foster kennels shall appear on the permit application of the Johnson County Humane Society. 3. Permit fees shall be waived for state- approved wildlife rehabilitators who maintain wildlife for rehabilitation purposes for ongoing care and possess require United States Fish and Wildlife permits ar required Iowa State Department of Natur~ Resources permits. SECTION IV. REPEALER. A and parts of orl in confl with the provi- sions of )rdinance repealed. SECTION XV. SEVERAB If any section, provision or adjudged to be adjudication shall Ordinance as a wh or part thereof tutional. SECTION XVI nance shall approval ar Passed Ordinance shall be unconstitutional, such the validity of the .~ or any section, provision udged invalid or unconsti- in approve~ ,19 DATE. This Ordi- its final passage, as provided by law. this day of CITY CLERK City Attorney's Office Animals In Entertainment: Who' s "Fun" Is It Anyway Thursday, June 5, 8:00 P Iowa City Public Library, R JUN 0 2 1997 .oom A Rodeos, circuses, traveling animal "acts"... Who really profits from these "entertainment" animal shows? In "Bucking the Myth: The Cruel Reality of Rodeos", scenes of the reality of the brutal treatment of animals in rodeos around the country are documented from a yearlong investigation by the Humane Society of the United States. Other footage of the behind the scenes of the "training" of animals expose the cruelty of circuses that use animals in HSUS's "The Big Lie Behind the Big Top". Discussion topic to follow: Why Iowa City should ban rodeos and circuses which use animals. Sponsored by Citizens for Animal Rights and the Environment, the University of Iowa Animal Coalition, and the Midwest Regional Office of In Defense of Animals. Materials provided by the Humane Society of the United States of America. If you are a person requiring special accommodations to attend this event, please call 337-8403 or 648-3283. May 30, 1997 Iowa City Council Members 410 East Washington St. Iowa City, IA 52240-1826 Dear Council Members, Horse enthusiasts and rodeo fans are not known for writing letters to defend our interests. Part of the reason is, it's almost unbelievable to us that a few radical people think rodeo is cruel -- it's even harder for us to comprehend that now rational and reasonable persons bother to consider theit' outlandish claims. The other reason is we are hard working people and (unfortunately) do not always have the time to respond to what we know are inaccurate statements about rodeo and other animal events. One of the reasons we don't have the time is, we are taking care of our animals. I may not live in Iowa City, so some folks think I shouldn't have a say on this issue. Maybe so ! But it may interest you to know that I trade in Iowa City; I do a considerable amount of business in Iowa City; I have one person in my office who just last spring had a daughter graduate from the U of I and has a son attending now; another employee's wife works in Iowa City. If this matter shouldn't concern us then our trade and 31% of Iowa City's business should go elsewhere. In a recent survey conducted by Yankovich Partners it was revealed that 31% of the US adult population closely identifies with things western. I doubt you can find 1% of the population that wants to ban rodeo. When this fit'st becmne an issue (last year), I called the City. I was instructed to call Animal Control. The lady there said she was suppose to study the rodeo issue and get back to the council. She didn't think it was much of an issue and she assured me that she would call me if it (rodeo) was going to be. I have never heard back from her. Could it be that the people you charged to look into this matter had their own agenda? I hope you will vote down the issue banning rodeos and circuses in Iowa City. The best way to help the animals is to strongly support legitimate animal events. The groups against rodeos only interest is fleecing the public of tax free conU'ibutions. They have never helped animals. Sincerely, Stephen J. Gander INTERNATIONAL PROFESSIONAL RODEO ASSOCIATION P.O. Box 83377 2304 Exchange · Stockyards City · Oldahoma City, OK 73148 * (405) 235-6540 May 20, 1097 Mayor Naomi Novick and Members of the City Council Iowa City, Iowa Re: Proposed Animal Ordinance Good Morning Mayor Novick: Our thanks to the Council for removing the animal ordinance provision that would prohibit rodeos from yore' community. We appreciate this decision but would like to express a few additional comments since rodeo is now included among others who will be required to obtain a permit to conduct business. On the surface, this would seem to be no more an inconvenience to rodeo than it will be for pet shops, kennels, and dog shows. However, legislation of this kind has become suspect for possible underlying intent as animal rights activism is sometimes the basis of regulation rather than a true need. Since animal rights means different things to different people, we define animal rights as a philosophy with the ultimate goal of not using animals for any human benefit, something entirely different than working to improve treatment and care of animals within the framework of reasonable use. Granted, regulation is not the same as denying people the opportunity of utilizing animals, but over-regulation is a tool which advances animal rights. Our specific problems with the permit regulations are: 1) With the power you are giving the Animal Control Director, interpretation becomes very important. If at some point you have a director who doesn't like rodeo, will he deny a permit because he views as "teasing" the action of a rodeo clown in diverting the attention of a bull so a rider can get to safety? Might animal equipment used to cue or control be determined "annoying" by someone with a possible bias against an activity? Humane Office: Sheila Lehrke, Director, P.O. Box 70159, Nashville, TN 37207 Phone: (615) 876-1016 FAX: (615) 876-4685 page 2 of 2 2) It appears Animal Control decides who gets a permit and also determines the outcome of disputes. Shouldn't there be recourse beyond the Animal Control department if a permit is denied? We hope you will address these matters in an equitable manner. Thank you for your consideration. Sincerely, INTERNATIONAL PRO RODEO ASSOCIATION Sheila Lehrke, Director Humane Office /sl International Pro Rodeo Association P.O. Box 83377 Oklahoma City, OK 73148 (405) 235-6540 Rodeo Takes Care of Its Animals Animal welfare, which is caring for and meeting an animal's needs, is practiced in the sport of rodeo. Rodeo people respect, admire, and want to take care of the animals that are so important to their way of life. Each year /'the cowboys and cowgirls honor the best performing horses and bulls in the bucking events as well as the best horses in the timed events. The "heart" to consistently turn in a good performance is greatly admired in an animal along with the beauty of its effort. Rodeos sanctioned by the International Pro Rodeo Asso- ciation are governed by a 140 page rule book that dictates how each contest will be conducted and includes rules of how animals will be handled. IPRA judges inspect all animals before each competition to determine fitness for competition, file reports on the condition of the animals, enforce the rules governing the contests and proper use of equipment, and they impose penalties, fines and/or expulsion for violations. People in rodeo value the surplus mix-bred bulls of the dairy and beef production industries and the renegade horses that are not reliable as ranch or pleasure horses. Rodeo ex- tends and enhances the lives of these animals through health maintenance programs of nutrition, de-worming, disease pre- vention and exercise. Rodeo Equipment Safe For Animals Like equipment used on other animals, rodeo equipment is used to cue and control. Since large, untrained animals do not reliably respond to voice or hand signals, for the safety of both people and animals an important tool in a livestock op- eration is a humane prod. A veterinarian developed the elec- tric prod powered by size "C" batteries as a safe alternative to instruments which can poke and bruise. The prod gives a minor surprise shock without any after effects. Rodeo rules limit its application to the neck, shoulder, chest or hip. The flank (or bucking) strap is a fleece covered length of leather used to achieve a particular style of bucking that is favored for rodeo competition; that is, back legs kicking high into the air. Horses in bucking events have previously dis- played a willful tendency to buck frequently enough that they are given an opportunity in rodeo to see if they like to buck consistently. The presence of the strap, initially unfamiliar, causes the animal to concentrate on trying to kick out of it, thus achieving the desired style of bucking. Spurs generally used by horsemen must be dull and blunt with free-rolling rowels when worn by bareback and saddle bronc riders so that their showy style of leg movement is not harmful to the horse. Rodeo Animals Suited to the Action It's obvious that rodeo is not taxing for the huge, powerful bulls that toss cowboys around like rag dolls, but some people may wonder if roping is hard on calves. A calf has more than tripled its birth weight when it is first roped in rodeo and is a strong animal. It takes the special roping and handling skills exhibited by the rodeo cowboy to manage the strength of a calf whose instinct is to flee or fight rather than cuddle. The roping contest is an extension of the necessary skills developed by ranch cowboys to hold cattle for doctoring, etc., without benefit of pens and corrals. The muscular structure of a calf and its hairy, thick hide allows prudent roping with- out harm. As is observed, immediately upon removal of the rope, calves jog trot out of the arena in a most unconcerned manner. Calves soon outgrow weight limits for the event and then fulfill the same purpose they would have in the dairy or beef industry if they had not been in rodeo. Injury to animals is infrequent with rates documented at a small fraction of 1%. The use of horses and bulls in rodeo is so undemanding that they stay healthy and perform well for many years. It is not unusual for a bucking horse to be kick- ing up its heels in fine fashion over the age of 25. MAY-29-199? 1~:17 ]'NTERNATIONAL PROFESSIONAL P.O. Box 83377 May 29, 1997 P. 02 ~. Fax to 819 356 500~ To: Mayor Naomi Novick and Members of the City Council Iowa City, Iowa Re: Proposed Animal Ordinance Good Morning: This is an abbreviated message of a letter mailed to you on May 29. We am asking the Council Clerk to distribute it in the event the letter is not received before your June 3 meeting. We ask that you address the permit regulations of the proposed animal ordinance in that it appears Animal Contxol decides who gets a permit and also determ~,~es the outcome of disputes. We think there should be recourse beyond the Animal Control Department if a permit is denied. We appreciate your decision to remove the ban against rodeo and hope you will incorporate the above safeguard for animal businesses. Sincerely, Sheila Lehrke International Pro Rodeo Assn Humane Office.: SiteHa Lehrke, Director, P. O, Bo.~ 711159, NashWlle, TN 372(17 Phone: (615) 876-1016 FAX: (615) 876-4685 TOTAL P.02 May30,1997. RECEIVED JUN 0 2 1997 CITY A'FI'OENEY'S OFRCE Dennis Mitchell zblO East Washington St. Iowa City, IA. 522zb0-1826 Dear Mr. Mitchell and members of the City Council; I am writing concerning suggested Ban on animal events. I am a resident of Iowa county and live just west of Iowa City. I spend much of my income within Iowa City and my wife is employed in your city. I am against such a knee jerk reaction to the small percentage of reactionists attempting to ban rodeo and circuses in your city. The rodeo industry and especially the PRCA is devoted to animal rights and for the care of their companions and friends. We have a much closer relationship with animals than those who accuse us of abuse. Please, look at the facts. The efforts of those attempting to disrupt these family events, are based on lies and misleading assumptions. I have been involved in rodeo for 26 years and have not once witnessed abuse, but rather people working with animals that might have been abused by not having been cared for or loved. I recently moved to Iowa and was impressed with a state that has been devoted to the roots of our country, agriculture. Freedom is once again in danger. I ask for you to take a look at both sides of this issue. Please, stop the ban on rodeo. P.O. Box 619 Williamsburg, IA. 52361 Police Citizer~ Re¥iew Board ("PCRB") Flow Chart for Processing Complaints [Complaint can be "filecl" by Citizen, City Manager, City Council, Police Chief, Board] Stage 1 Complaint to Board Stage 2 Stage 3 Police Department investigation Police Chief's Public Report to Board on Complaint Investiga- tion: Complaint "Sustained" or "Not Sustained" [Includes detailed fendings of fact but does not include discipline, personnel, or other confidential matters.] (30 days) Stage 4 CC: Police Officer City Manager Citizen Board Review Stage 5 Review without hearing If Chief's Public Report on complaint investigation not critical of officer's conduct, Board can review on record without hearing. Review with hearing (informal, not legalistic) If Board is critical of officer's conduct, Board must first offer hearing to police officer and give notice to citizen and police officer, and both can appear and tell Board their side of story. Board may request additional investigation by - police (internal) - Board themselves -independent (external) Board has no authority over disciplinary matters, and shall focus on facts of complaint and appropriateness of officer's conduct, but may include in Report whether or not discipline is appropriate (not specifics) Board may suggest changes in police practices or procedures regarding particular incident. Board Public Report on Citizen Complaint to City Council (30 days) CC: Citizen/Complai nant Police Officer Police Chief City Manager AFTER Police Dept Internal Affairs Investigation completed and if discipline imposed, Internal Affairs Report MAY be available for public inspection; but only upon review by City Manager and City Attorney and as permitted by Iowa law. I nw\pcrc\flow2.cht 6/2/9 7 Ordinance No. Page 10 VIII. shall then report the results of such general informational hearings to the City Council, as the Board deems appropriate. Police Officer's and Citizen's Rights Preserved · All rights enjoyed by sworn police officers employed by the City of Iowa City are preserved in this ordinance, and nothing herein is intended to waive, diminish or interfere with any such rights protected by the union contract, Iowa's Civil Service Commissio and other applicable state and federal laws. All common law ri from defamation, shal duty to protect said Notwithstanding the damages or equitable relief Board member or by the Boar 9njoyed by citizens and police officers, suprivacy and freedom protected during this PCRB and it shall be the Board's ~rovisions, no Board me~ reason of any re( itself. shall be liable to any person for or report made by either a SECTION II. REPEALER. All ordinances and Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, invalid or unconstitutional, such adjudication in conflict with the provisions of this ~n or part of the Ordinance shall be adjudged to be .~ct the validity of the Ordinance as a whole or any section, provision or part thereof not ad~ged invalid o inconstitutional. SECTION IV. EFFECTIVE DATE. ,~.i's Ordinance shall b'~ effect after its final passage, approval and publication, as provided by law. Passed and approved this ,~ day of . /, MAYOR /,/' ATTEST: CITY CLE, R.I~ Approved by /' City Attorney's Office City of iowa City Date: May 29, 1997 To: From: Re: City Council to..~~~ David Schoon, Economic Development 0oordid'E'~'or Scott-Six Tax Increment Financing District Ordinance Upon further review of the Scott-Six Tax Increment Financing District Ordinance, City staff discovered the need to amend the Ordinance. Section 2 of the Ordinance establishes the base year for determining the taxable property value on which to calculate the incremental property taxes (see attachment). The Ordinance contains the standard language prepared by our bond counsel. As written, the City is directed to certify debt during the 1997 calendar year, which establishes the base year for the taxable property value as of January 1, 1996. The City is uncertain at this point in time whether there will be the need to certify debt or if there will be any incremental property taxes to justify certifying debt this calendar year. Therefore, the Ordinance should not direct the City to certify debt during the 1997 calendar year. A motion should be made from the floor to amend the ordinance by striking the following from Section 2: (which certification is directed to be made during the 1997 calendar year) As previously discussed, this amendment will meet our intent to allow the City greater flexibility in determining when the "clock shall start" under the Tax Increment Financing District Ordinance. If you have any questions regarding this amendment prior to the Council meeting, please contact Sarah Holecek (356-5030) or me (356-5236). CO: Karin Franklin Sarah Holecek AI and Mary Jo Streb Bob Downer John McKinney ecodev\ordchan.doc Ordinance No. Page 3 Beginning; Thence NOO°21'22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears NO1 °12'12"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°OO'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence N00°O3'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corporation; Thence S62°09'30"E, along said Southerly Right-of~Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00~00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Beginning. Said traot of land contains 101.57 acres, and is subject to easements and restrictions of record. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'FHE CITY OF IOWA CITY, IOWA: SECTION 1. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. _ SECTION 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing Ordinance No. Page 4 districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein (which certification is directed to b$ made during the 1997 calsndar year), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. _ SECTION 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. SECTION 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. SECTION 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 97-3788 AN ORDINANCE AMENDING TITLE 9, CHAP- TER 1, SECTIONS 1, 7, AND 8; TITLE 9, CHAPTER 3, SECTION 9; TITLE 9, CHAPTER 8, SECTION 1; TITLE 10, CHAPTER 5, SECTION 4; AND TITLE 10, CHAPTER 9, SECTION 2 OF THE CITY CODE TO PROVIDE NEW REGU- LATIONS REGARDING NON-MOTORIZED VEHI- CLES AND BICYCLES. WHEREAS, the operation of roller skates, in- line skates, skateboards, coasters, and other similer wheeled or coasting devices, including unicycles, is hazardous for the operators, pedestrians and motorists in parking lots, parking ramps, streets and alleys, sidewalks in the central downtown business district, City Plaza, and other public areas; and WHEREAS, the City Code currently prohibits roller blades, skateboards, roller skates and other such similar devices on roadways and within the City Plaza but does not prohibit such devices in other public areas; and WHEREAS, the City Code currently prohibits bicycles on sidewalks in all commercial districts but should be amended to only prohibit bicycles in the central downtown business district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 9-1-1 is hereby amended by deleting the definition of "Toy Vehicles" and adding a new definition of "Non-Motorized Vehicles" to read as follows: Non-motorized vehicles: roller skates, in-line skates, skateboards, coasters, and other such similar wheeled or coasting devices, including unicycles, but excluding bicycles, wheelchairs, baby strollers, baby carriages, and small wagons. SECTION II. Section 9-1-7, entitled "Toy Vehicles" is hereby repealed and a new Section Ordinance No. Page 2 97-3788 9-1-7, entitled "Non-Motorized Vehicles" is hereby added, to read as follows: Non-Motorized Vehicles: A. 1. No person shall travel upon or operate a non- motorized vehicle on any street within the central downtown business distriot or on any arterial street within the City. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Gilbert Street to the east, and Jefferson Street to the north. The following streets are hereby designated as arterial streets for the purposes of this Chapter: Name of Street Portion Desi.qnated An Arterial Street Mormon Trek Boulevard From Iowa Highway 1 to U.S. Highway 6 Rohret Road From Mormon Trek Boulevard to the City limits Melrose Avenue From S. Grand Avenue to the City limits Sunset Street From Iowa Highway 1 to Melrose Avenue Benton Street From Mormon Trek Boulevard to N. Madison Street Grand Avenue From Riverside Drive to S. Grand Avenue Madison Street From Market Street to Burlington Street Rocky Shore Drive From U.S. Highway 6 to Park Road Park Road From Rocky Shore Drive to Dubuque Street Riverside Drive From Park Road to U.S. Highway 6 Dubuque Street From U.S. Interstate 80 to Jefferson Street Ordinance No. Page 3 97-3788 Prairie du Chien Kimball Road Church Street Gilbert Street Dodge Street Governor Street Market Street Jefferson Street Burlington Street Bowery Street Iowa Avenue Kirkwood Avenue Keokuk Street Lower Muscatine Road Sycamore Street Sheridan Avenue Rochester Avenue Seventh Avenue From U.S. Interstate 80 to Iowa Highway 1 From Dubuque Street to Governor Street From Dubuque Street to Governor Street From Church Street to Kirkwood Avenue From Iowa Highway 1 to Kirkwood Avenue From Iowa Highway 1 to Bowery Street From Madison Street to Muscatine Avenue From Madison Street to Muscatine Avenue From U,S, Highway 6to Muscatine Avenue From Gilbert Street to Summit Street From U.S, Highway 6 to Madison Street From Gilbert Street to Lower Muscatine Road From Kirkwood Avenue to U,S. Highway 6 From Kirkwood Avenue to First Avenue From Lower Muscatine Road to the City limits From Summit Street to Seventh Avenue From Market Street to the City Limits From Rochester Avenue Ordinance No. Page 4 97-3788 to Sheridan Avenue Muscatine Avenue From Rochester Avenue to the City limits First Avenue From Rochester Avenue to U.S, Highway 6 Court Street From Muscatine Avenue to Scott Boulevard Scott Boulevard From Rochester Avenue to U.S. Highway 6 Iowa Highway 1 All portions within the City limits U.S. Highway 6 All portions within the City limits 2. All persons who travel upon or operate a non-motorized vehicle on any road, street, or alley shall: a. stay as far to the right of the road, street, or alley as possible, except when necessary to make a left-hand turn; b. operate the non-motorized vehicle with the flow of traffic; c. operate the non-motorized vehicle in a careful and prudent man- ner; d. obey all traffic laws which are applicable to drivers of motor vehicles; and e. wear a reflective device or reflective clothing after dusk. B. No person shall travel upon or oper- ate a non-motorized vehicle within any public parking ramp or parking lot except where posted as a permitted activity. C. Except in the central downtown business district, persons may travel upon or operate non-motorized vehicles on public side- walks but must yield the right-of-way to pedes- trians and must travel upon or operate said non-motorized vehicles in a careful and prudent manner. D. No person shall travel upon or oper- ate a non-motorized vehicle on a sidewalk in the central downtown business district. The Ordinance No. Page 5 97-3788 central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Gilbert Street to the east, and Jefferson Street to the north. SECTION III, Section 9-1-8 is hereby amended to read as follows: No person traveling upon or operating any bicycle, motorcycle, or non-motorized vehicle shall cling to or attach to any other vehicle while the vehicle is moving upon any roadway or bikeway. SECTION IV. Section 9-3-9, entitled "Play Streets", is hereby repealed. The remaining sections of Title 9, Chapter 3 shall be renum- bered accordingly. SECTION V. Section 9-8-1E(1) is hereby amended to read as follows: 1. No person shall ride a bicycle upon a sidewalk in the central downtown business district. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Gilbert Street to the east, and Jefferson Street to the north. SECTION VI. Section 10-5-4, entitled "Bicycle and Skating Restrictions" is hereby repealed and a new Section 1 0-5-4 entitled "Bicycle and Non-Motorized Vehicle Restrictions" is hereby added, to read as follows: Bicycle and Non-Motorized Vehicle Restrictions: A. Bicycles: No person shall ride a bicycle within the City Plaza; no bicycles shall be left unattended within City Plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure other than a bicycle rack. B. Non-Motorized Vehicles: No person shall travel upon or operate a non-motorized vehicle within the City Plaza. SECTION VII. Section 10-9-2, entitled "Prohib- ited Actions in Parks and Playgrounds" is hereby amended by adding the following provi- sion: J. Bicycles and Non-Motorized Vehicles: 1. No person shall travel upon or operate a bicycle or non-motorized vehicle within Chaun- cey Swan Park. 2. Persons may travel upon or operate bicycles and non-motorized vehicles in all other city parks except where posted as prohibited, and only to the extent the non-motorized Ordinance No. Page 6 97-3788 vehicles are used in a safe manner so as not to injure persons or property. SECTION VIII. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IX. 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 unconsti- tutional. SECTION X. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3Y'd day of 0une ,19 97 · CITY CL'E~K ' City Attorney's Office dennis.mit\prohacts.ord Ordinance No. 97-3788 Page 7 It was moved by Kubby and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Vandcrhncf that the First Consideration 5/6/97 Vote for g, assage: AYES: Norton, Novick, Thornberry, Baker, hubby, Lehman. NAYS: None. ABSENT: None. Vanderhoef, Second Consideration 5/20/97 Vote for passage: AYES: Novick, Thornberry, Lehman, Norton. NAYS: None. ABSENT: None. Date published 6/6/97 Vanderhoef, Baker, Kubby, Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 5,~240; 319-356~5030 ORDINANCE NO. // -,~AN ORDINANCE AMENDING TITLE 9, CHAP- ~ER 1, SECTIONS 1, 7, AND 8; TITLE 9..(' CI~,PTER 3, SECTION 9; TITLE 9, CHAPTER. 8, SECT, I, ON 1; TITLE 10, CHAPTER 5, SECT[ON 4; ANb, TITLE 10, CHAPTER 9, SECTION"2 OF THE~(~ITY CODE TO PROVIDE NEW'REGU- LATIONS ~EGARDING NON-MOTORIZI~D VEHI- CLES AND~ICYCLES. WHEREAS, ~.he operation of rq. tler skates, in- line skates, slateboards, coas(ers, and other similer wheeled~r coasting d'~vices, including unicycles, is ha'~ardous f,6~' the operators, pedestrians and ~notoris,~ in parking lots, parking ramps, strei~ts a.rf~t alleys, sidewalks in the central downto~(n,/business district, City Plaza, and other publiX'areas; and WHEREAS, the Clot.0 '~ode currently prohibits roller blades, skateboards, roller skates and other such similg~ devicbts on roadways and within the City F}l~za but dO, es not prohibit such devices in other public area~; and WHEREAS,,~he City Code i~,urrently prohibits bicycles on ~(dewalks in all cor~mercial districts but should,l~e amended to only ~(ohibit bicycles in the cer)~ral downtown busine~ district. NOW?THEREFORE, BE IT ORDAinlED BY THE CITY ,~OUNCIL OF THE CITY OF ~6'WA CITY, lOW,A: SE~'~ION I, Section 9-1-1 is hereby a~ended by/Jeleting the definition of "Toy Vehicles." and a,d'ding a new definition of "Non-Mot6,rized Vehicles" to read as follows: Non-motorized vehicles: roller skate~?, 'in-line skates, skateboards, coasters, and other. such similar wheeled or coasting devices,;\ including unicycles, but excluding bicycles, wheelchairs, baby strollers, and baby carriages. SECTION II. Section 9-1-7, entitled "Toy Vehicles" is hereby repealed and a new Section 9-1-7, entitled "Non-Motorized Vehicles" is hereby added, to read as follows: Ordinance No. Page 2 Non-Motorized Vehicles: A. 1 person shall travel upon or operate non- motorized vehicle on any street the central downtown business distriot on any arterial street within the City. central ~B. YrloWntown business district is th~ bounded and including Capitol Stre ington Street to the sou' the\ and Jefferson IIowing streets are for the pu to the west, Street to to the north. designated as of this Chapter: Name Portion Des.qnated An Arterial Street Mormon Boulevard From Iowa Highway 1 to U.S. Highway 6 Rohret Road From Mormon Trek Boulevard to the City limits Melrose venue :rom S. Grand Avenue the City limits Sun Street Iowa Highway 1 to Mi ;e Avenue Street From rmon Trek N. Madison Street Grand Avenue From Drive to S. Grand Madison Street Rocky Shore Drive Park Road Riverside Drive Dubuque Street Prairie du Chien From Market Str ~t to Burlington Street From U.S. Highway 6~t~o Park Road From Rocky Shore Drive to Dubuque Street From Park Road to U,S. Highway 6 From U.S. Interstate 80 to Jefferson Street From U.S. Interstate 80 to Iowa Highway 1 Ordinance No. Page 3 Kimball Road Church Street bert Street Street Xx treet Market StreWN' Jefferson Street Burlington Bowery t~reet / / / Iowa ,,'~venue / / Ki)'kwood Avenue /' .' Keokuk Street Lower Muscatine Road Sycamore Street Sheridan Avenue Roohester Avenue Seventh Avenue From Dubuque Street Governor Street From Dubuque S Governor Stre~ to From Chur( Street to From Highway 1 to Avenue F~ Iowa Highway 1 to Street From Madison Street to Muscatine Avenue From Madison Street to Muscatine Avenue From U.S. Highway 6 to Avenue m Gilbert Street to mir Street .S. Highway 6 to Ma( Street From rt Street to Lower Road From Avenue to U.S. Hi y 6 From Kirkwood ,venue to First Avenue From Lower :me Road to the City ts From Summit Street t~ Seventh Avenue From Market Street to the City Limits From Rochester Avenue to Sheridan Avenue Ordinance No. Page 4 Muscatine Avenue First Avenue X~ourt Street S~t Boulevard ow h a,l operate2a.~na.U.S. Hiy 6 street, or a, road when tbU. r?'° v~qicle From Rochester AvenL to the City limits From Rochester to U.S. Highwa From Avenue to Scott Bc From Ro Avenue to U.S. 6 All within the portions within the limits who travel upon or vehicle on any road, as far to the right of the or alley as possible, except ',essary to make a left-hand ~te the non-motorized :he flow of traffic; c//. ~t~ the non-motorized ?/ehicle in a careful and prudent man- /ner; ~ / d. obey all t~ffic laws which are / applicable to driver~,of motor vehicles; ,/ and ~ ,' e. wear a refle'~tive device or / reflective clothing afteNusk. / B. No person shall travelSport or oper- ,' ate a non-motorized v. he. icle. with~ any public / parking ramp or parking lot exc'e, pt where posted as a permitted activity. ~ C. Except in the central downtown business district, persons may travel U'l~on or operate non-motorized vehicles on public~ide- walks but must yield the right-of-way to pei~es- trians and must travel upon or operate si~d non-motorized vehicles in a careful and prudery, manner. ~ D. No person shall travel upon or oper- ate a non-motorized vehicle on a sidewalk in the central downtown business district. The central downtown business district is the area bounded by and including Capitol Street to the west, Burlington Street to the south, Gilbert ~ Ordinance No. Page 5 Street to the east, and Jefferson Street~t~ north. SECTION III. Section 9-1-8 is hereby a,~ended to read as follows: No person traveling upon ol;,' operating bicycle, motorcycle, or no~-motorized shall cling to or attach,~to any other dcle while the vehicle is m~(fing upon any ro~ way or bikeway. ION IV. Section 9-3~), entitled "Play '" is hereby repeal,e/~ The remaining of Title 9, Chapt,~r 3 shall be renum- bered ;ordingly. V. Section' 9-8-1E(1) is hereby amended read as fe'ilows: 1. persop,,shall ride a bicycle upon a sidewalk Ihe c,~'ntra downtown business district. The downtown business district is the area by and including Capitol Street to the ,~st, Burlington Street to the south, ~t to the east, and Jefferson Street to th~ SECTION V~I. 1 0-5-4, entitled "Bicycle and Skati, t~g ins" is hereby repealed and a ne~v Section 1 -4 entitled "Bicycle and Non-Mo~torized lestrictions" is hereby added/to read as /~ Bicycl.e and Motorized Vehicle Res~'rictions: A. Bicycles: person shall ride a b/(cycle within the City no bicycles shall b~ left unattended within Plaza unless 16cated in a bicycle rack; no fcle shall be ,"locked or affixed to any post or ructure other /f than a bicycle rack. B. Non-Motorized No person shall travel upon or operate a vehicle within the City Plaza. SECTION VII. Section 10-9-2, entitled 'rohib- ited Actions in Parks and Pla ~" is hereby amended by adding the following sion: J. Non-Motorized Vehicles: 1. person shall travel upon or operate a bicycle non-motorized vehicle within Chauncey Park. 2. Persons may travel upon or operate bicycles and non-motorized vehicles in all other city parks except where posted as prohibited, and only to the extent the non-motorized vehicles are used in a safe manner so as not to injure persons or property. Ordinance No. Page 6 SECTION VIII. REPEALER. All ordinances and parts of ordinances in conflict with the sicns of this Ordinance are hereby repealed SECTION IX. SEVERABILITY. If any see provision or part of the Ordinance be adjudged to be invalid or L ~constituti¢ such adjudication shall not affect the valid of the Ordinance as a whole or any section, ~rovision or part thereof not adjudged invalid,/or unconsti- tutional. ?' SECTION X. EFFECTIVE DA~/E. This Ordi- nance shall be in effect after Es final passage, approval and publication, as rovided by law. Passed and approved day of ,19 I / / / Prepared by: Dennis M~it ~eli, Asst, City Attorney, 410 E, Washington St,, Iowa Cil ORDINANCE NO. ORDINANCE AMENDING TITLE 9, C ~- 1, SECTIONS 1, 7, AND 8; TI 9, 3, SECTION 9; TITLE 9, CH, 8, SE( N 1; TITLE 10, CHAPTER 5 4; 'ITLE 10, CHAPTER 9, SI 2 OF THE TY CODE TO PROVIDI REGU- LATIONS ~GARDING II- CLES AND ICYCLES. WHEREAS ~e operatic roller skates, in- line skates, and other similer wheeled devices, including unicycles, is h~ s for the operators, pedestrians and )fists in parking lots, parking ramps, stre and alleys, sidewalks in the central down1 business district, City Plaza, and other ~reas; and WHEREAS, de currently prohibits roller blades roller skates and other such on roadways and within the Plaza but not prohibit such devices ' public areas WHERI the City Code rently prohibits bicycle~ ~n sidewalks in all ercial districts but sh~ be amended to only bicycles in th~ downtown business THEREFORE, BE IT BY THE COUNCIL OF THE CITY OF CITY, I. Section 9-1-1 is hereby nded by deleting the definition of y and adding a new definition of ed Vehicles" to read as follows: I~1on-motorized vehicles: roller in-line skates, skateboards, coasters, and other such similar wheeled or coasting devices, including unicycles, but excluding bicycles, wheelchairs, baby strollers, and baby carriages. SECTION II. Section 9-1-7, entitled "Toy Vehicles" is hereby repealed and a new Section 9-1-7, entitled "Non-Motorized Vehicles" is hereby added, to read as follows: IA 52240; 319-356-5030 Ordinance No. Page 2 Non-Motorized Vehicles: A. 1. No~'~ person shall travel upon or operate a non-/ motorized vehicle on any street within th/e~ central downtown business district or on a~y arterial street within the City, The central downtown business district is the area bounded by and including Capitol Street to thz~ west, Burlington Street to the south, Gilbert/Street to the east, and Jefferson Street to//the north. the following streets are hereby ~lbsignated as streets for the purposes/qf this Chapter: e of Street Portion/'Desi.qnated An Arte~al Street Trek Iowa Highway 1 to d Highway 6 Rohret ~d From Mormon Trek Boulevard to the City limits Melrose Avel From S. Grand Avenue to the City limits Sunset Str From Iowa Highway I to Melrose Avenue Bentol Street From Mormon Trek to N. Madison G Avenue Street Rocky Shore Drive Park Road Riverside Drive Dubuque Street Prairie du Chien Riverside Drive to S. Avenue From arket Street to Burlinc Street From U.S. Ihway 6 to Park Road From Rocky e Drive to Dubuque From Park Road to S. Highway 6 From U.S. Interstate B0 to Jefferson Street From U.S. Interstate 80 to Iowa Highway 1 Ordinance No. Page 3 Kimball Road Church Street Gilbert Street Dodge Street Governor Street rket Street From Dubuque Street to Governor Street From Dubuque Street to Governor Street From Church Street to Kirkwood Avenue From Iowa Highway 1 to Kirkwood Avenue/ From Iowa Highw~f' 1 to Bowery Stlee/~/ From Madi.,(~n Street to Street Burlin( Street Bowery St~ Iowa Avenu Road Sycamore Street Sheridan Avenue Rochester Avenue Seventh Avenue Muscatine Avenue Street to Avenue U.S. Highway 6 to Muscatine Avenue From Gilbert Street to Summit Street From U.S. Highway 6 to Madison Street From Gilbert Street to Lower Muscatine Road From Kirkwood Avenue Io U.S. Highway 6 F~m Kirkwood Avenue to ~i[~ Avenue From L~,wer Muscatine Road to t,~.xCity limits From Summit~Street to Seventh Aven'u~ From Market Str~,et to the City Limits ~ Ordinance No. Page 4 to the City limits First Avenue From Rochester Avenue to U.S. Highway 6 Court Street From Muscatine Avenue to Scott Boulevard Scott Boulevard From to U.S. Highway 6 wa Highway 1 All portions wit the City limits ighway 6 All the City lira operate a street, or road, when one-wa~ b. o vehicle c. vehicl All persons travel upon or on-motorized on any road, y shall: stay as to the right of the as possible, except a left-hand turn from a rate the non-motorized the flow of traffic; ~te the non-motorized and prudent man- ner d. obey air,traffic laws which are a~ ~licable to drivers of motor vehicles. ~. No person shall~ravel upon or oper- ate a ~)n-motorized vehicle within any public parkir ramp or parking. .1~ except where as a permitted activity.~ . C. Except in the centY~l downtown s district, persons may tr~i,vel upon or non-motorized vehicles on ~ublic side- but must yield the right-of-way~t~o pedes- and must travel upon or operate said vehicles in a careful and p~t~ent manner. ~ D. No person shall travel upon or op(~r~ ate a non-motorized vehicle on a sidewalk in~ the central downtown business district. The ~, central downtown business district is the area ~ bounded by and including Capitol Street to the \, west, Burlington Street to the south, Gilbert '" Street to the east, and Jefferson Street to the ~, north. SECTION III. Section 9-1-8 is hereby amended to read as follows: Ordinance No. Page 5 No person traveling upon or operating any bicycle, motorcycle, or non-motorized/ vehicle shall cling to or attach to any otherJ vehicle while the vehicle is moving upon a~ roadway or bikeway. SECTION IV. Section 9-3-9, entitled/TPlay Streets", is hereby repealed. The restraining sections of Title 9, Chapter 3 shall b~ renum- bered accordingly. SECTION V. Section 9-8-1E(/1'~ is hereby amended to read as follows: 1. No person shall ride~a bicycle upon a sidewalk in the central d business district. The central down~ business district is the area bounded b including Capitol Street to the west, :on Street to the south, Gilbert Street the east, and Jefferson ;treet to the north .CTION VI. Sec 10-5-4, entitled "Bicycle Skating Re is hereby repealed new 10-5-4 entitled "Bicycle and Restrictions" is hereby added as follows: ,'le and Non-Motorized Vehicle Restrictio : A. Bicycles: No person shall ride a bicycl~ ~in the City Plaza; no bicycles shall be left ,~nded within City Plaza unless locate :ycle rack; no bicycle shall be locke or to any post or structure other tha bicycle B. Non-Me ~rized Vehicles: No person travel upon operate a non-motorized within the Plaza. VII. Section ~-9-2, entitled "Prohib- ited Actions in Parks,.~nd Playgrounds" is hereby amended by adding~he following provi- sion: J. Non-Motorized V~e~icles: 1. No person shall travel upon or ope~a~te a bicycle or non-motorized vehicle within Chh~ncey Swan Park. 2. Persons may travel upon ~r~ operate bicycles and non-motorized vehicles in ~11~other city parks except where posted as prohibited, and only to the extent the non-motor~ed vehicles are used in a safe manner so as not injure persons or property. SECTION VIII. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION IX. SEVERABILITY. If any section, provision or part of the Ordinance shall be Ordinance No. Page 6 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 unconsti- tutional. SECTION X. EFFECTIVE DATE. This Ordi. nance shall be in effect after its final passa~, approval and publication, as provided by It Passed and approved this d. of ,19 'EST: CITY CLERK Ap City Att¢ ~ey's Office dennis.mir