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HomeMy WebLinkAbout1997-06-17 OrdinancePrepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAP- TER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGN, REGULATIONS," TO PERMIT PROJECTING SIGNS AS A PROVISIONAL SIGN IN THE CB-5, CENTRAL BUSINESS SUPPORT ZONE AND THE CB-10, CENTRAL BUSINESS DISTRICT ZONE. WHEREAS, projecting signs have been prohibited in the CB-5, Central Business Sup- port zone, and the CB-10, Central Business District zone, since the 1970s; and WHEREAS, unregulated projecting signs may lead to businesses installing bigger, bright- er and more colorful signs in an attempt to overshadow adjacent signs and business; and WHEREAS, small, pedestrian oriented projecting signs will benefit both the business erecting the sign as well as the overall street- scape; and WHEREAS, projecting signs are appropriate in the pedestrian-oriented CB-10, Central Business District zone and the CB-5, Central Business Support zone; and WHEREAS, because projecting signs may have a substantial impact on the character of downtown Iowa City, design of projecting signs will be subject to Design Review Committee approval; and WHEREAS, projecting signs will have size and location restrictions placed on them to help ensure they remain unobtrusive and 'do not create visual clutter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT Chapter 6, entitled "Zoning," Article O, entitled "Sign Regula- tions," Section 5, entitled "Signs Permitted by Zone; Regulations:", Subsection F, entitled "CB-5 and CB-10 Zones" is hereby amended to include the following additional paragraphs and subparts: 14-60-5F. CB-5 and CB-10 zones: 2. Provisional signs: e. One projecting sign per ground floor business, provided it does not exceed six (6) square feet per sign face, does not project more than five feet (5') out from the building wall, is not less than eight feet (8') or more than twelve feet (12') above grade, is not thicker than eight inches (8"), is not illuminat- ed, and provided the business does not have an awning sign or signs. Any projecting sign must be fixed to the building wall, or to a pole which is mounted on the building, but may not be swinging or easily moved by wind. The sign face must be installed per- pendicular to the building wall. A business wishing to install a projecting sign must show proof of liability insur- ance, and must obtain Design Review Committee approval according to procedures and guidelines established by the Design Review Committee prior to obtaining a sign permit. f. Awning signs, provided the business does have a projecting sign. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or 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 day of ,19 MAYOR ATTEST: CITY CLERK ppdadmimIDrolorct. Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. IDINANCE AMENDING TITLE 14, 6, ENTITLED "ZONING," AI ITLED "SIGN pl: PORTABLE SIG PFI ISIONAL SIGN IN THE BU~ "SS SERVICE ZONE, R O, TO AS A CENTRAL CENTRAL SS SUPPORT ZONI AND THE CB-10, L BUSINESS ZONE. tEAS, portable ins are found to be a oriented sig appropriate for the [ral less zones signs, with limits on their not be obtrusive in the .~s; and or public safety reasons, all not be permitted to impede shall be weighted to provide ,uld be moved to inside the is ciosed; and :hough portable signs are ~ pedestrian-oriented central they~are not appropriate for all zones du~ to too much visual and clutter in ar~as not oriented toward travel. ~ THEREFORE,~ BE IT ORDAINED BY CITY COUNCIL OF~,HE CITY OF IOWA CI IOWA: SECTION I. AMENDI~ENT. Chapter 6, "Zoning," Article ~), entitled "Sign lulations," Section 5, entitle~"Signs Permitted by Zone; Regulations:", Subsetions F and E, entitled "CB-5 and CB-10 Zones" and "CB-2 Zone," respectively, are hereby'%amended to include the following additional par~grapt~s and subparts: ~ 14-60-5F. CB-5 and CB-10 Zones: '~ 2. Provisional signs: p~eer' (d) One non-illuminated portable sign first floor exterior storefront, provided it is placed only on private property or within a designated sidewalk cafe area, does not block access to any doorway, is moved inside the business when the business is closed, and is weighted at the base to provide stability as approved by the building official or designee. 3. Dimensional requirements: (b) (6) Portable Sign (A) Maximum area of sign face: six square feet size and central busin WHEREA; portable signs pedestrian stability, and business wh WHER 8 business combe ph ppdadmin/ Ordinance No. Page 2 (B) Maximum height of sign: six feet above grade 3. 14-60-5E. CB-2 Zone 2. Provisional signs: (d) One non-illuminated portable sign irst floor exterior storefront, provided it is pl~ only on private property or a g sidewalk cafe area, does not block to any ay, is moved inside the business closed ,and is weight at the base to stability as by the building or designee. 3. Dimensi ~1 requirements: (b) (7) Portab .~ Sign (A) area of sign six square feet (B) Maximum leight of n: six feet above grade SECTION II. All ordinances and parts of ordinar inflict with the provi- sions of this Ordinan( hereby repealed. SECTION III. :~ABILITY. If .any section, provision or of the Ordinance shall be adjudged to be or unconstitutional, such adjudication shall the validity of the Ordinance as awi any section, provision or part thereof invalid or unconsti- tutional. SECTION DATE. This Ordi- nance shall in effect fter its final passage, approval )ublication a by law. and ,d this __ day of ,1997. MAYO CITY CLERK Prepared by: David Schoon, Economic Development Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236 ORDINANCE NO. AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SCOTT - SIX URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CiTY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MON- IES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOP- MENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. passed and approved on the day of , 1997, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Scott Six Urban Renewal Project Area (the "Urban Renewal Project Ar- ea"), which Urban Renewal Project Area in- cludes the lots and parcels located within the area legally described as follows: Parcel I (to be rezoned C1-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, John- son County, Iowa; Thence N00°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Point of Beginning; Thence contin- uing NOO°03'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears NO7°23'39"E; Thence NOO°O3'29"E, along said Right-of-Way Line, 1605.27 feet, to a Ordinance No. Page 2 point on the North Line of said Southwest Quarter, Thence NO0° 18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-- Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sll °43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'z~5"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a concave 300.00 foot radius curve, Southeasterly, whose 16.33 foot chord bears S01° 12'12"W; Thence S00°21'22"E, 65.50 feet, to a point-on the South Line of said Southwest Quarter, Thence S89°38'37"W, along said South Line, 209.90 feet, to a point on the North- erly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'OS"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Begin- ning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, John- son County, Iowa; Thence NOO°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence S60°50'SZ~"E, along said Northerly Right-of Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59° 59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21 '22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave South- easterly, whose 16.33 foot chord bears Ordinance No. Page 3 N01 °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 NO6°00'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence N00°03'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corpo- ration; 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°O0'45"E, 81 3.00 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 Begin- ning. Said tract 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 further- ance 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 divi- sion 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 THE CITY OF IOWA CITY, IOWA: SECTION 1. That the taxes levied on the tax- able 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 here- inafter 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 districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assess- ment 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 Audi- tor the amount of loans, advances, indebted- ness, or bonds payable from the division of Ordinance No. Page 4 property tax revenue described herein 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 '~he taxes each year in excess of the base period taxes deter- mined as provided in Section 2 of this Ordi- nance 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, mon- ies advanced to, indebtedness, whether fund- ed, 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 pursu- ant 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 herein- above 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 tithe as the loans, advanc- es, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Sec- tion 3 hereof have been paid, all monies there- after received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. SECTION 6. All ordinances or parts of ordinanc- es in conflict with the provisions of this Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any Ordinance No. Page 5 provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Re- newal Project Area and the territory contained therein. SECTION 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of , 1997. MAYOR ATTEST: CITY CLERK App.~rpved~by /')~ Read First Time: May 20 , 1997 Vote for passage: AYES: Norton, Novick, Thornbert,v, Vanderhoef, Lehman. NAYS: Kubby. ABSENT: None. Read Second Time: June 3 ,1997 Vote for passage:AYES: Novick, Thornberr~v, Vanderhoef, Baker, Norton. NAYS: Kubby. ABSENT: None. Read Third Time: ,1997 Vote for passage: I, , City Clerk of the City of Iowa City, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. passed and approved by the City Council of said City at a meeting held , 1997, signed by the Mayor on , 1997, and published in the on , 1997. City Clerk, Iowa City, Iowa Baker. Lehma' (SEAL) ecodev/scc~slx. Drd ORDINANCE NO. ORIGINAL AN ORDINANCE PROVIDING THAT GENERAL LEVIED AND COLLECTED EACH YEAR ON ALL OCATED WITHIN THE SCOTT - SIX URBAN IN THE CITY OF IOWA CITY, COUNTY OF OF IOWA, BY AND FOR THE BENEFIT IOWA ',ITY OF IOWA CITY, COUNTY OF SCHOOL DISTRICT AND DISTRIC~I BE PAID TO A SPECIAL FUND INTEREST ON LOANS, AND , INCLUDING ISSUED, BY SAID CITY PROJECT STATE OF IOWA CITY TAXING PAYMENT OF ADVANCED TO ISSUED OR TO BE WITH SAID PROJECT. WHEREAS, the City Council and hearing as prescribed by law and approved on the day of Renewal Plan (the "Urban Renewal Plan") Six Urban Renewal Project Area (the Renewal Project Area includes the lots described as follows: the City ot City, Iowa, after public notice ~solution No. passed and ,1997, adopted an Urban urban renewal area known as the Scott - Project Area"), which Urban located within the area legally Parcel I (to be of Section 19, Principal N00 °03'29"W, Section 19, a at the Southwest Comer 79 North, Range West of the Fifth City, Johnson Iowa; Thence the West Line of the Quarter of said of 254.86 feet, to a point the Northerly Ri Line of U.S. Highway No. 6 and Point of Beginningl continuing N00°03'29"W, alon '.aid West Line, 404.57 to a point on the Easterly Right-of-Way x of Scott Boulew Thence Northeasterly, 386.13 feet, along thbxEasterly Right~ 'ay Line of Scott Boulevard and a 1481.54 foo~x{adius curv/~, concave Northwesterly, whose 385.04 foot chord be~s NO/7/°23'39"E; Thence N00 © 03'29"E, along said Right-of-Wa~ Line, 3x505.27 feet, to a point on the North Line of said Southwest Qhxarter, 'Thence N00© 18'56"W, along said Right-of-Way Line, 579.87 fe~t, to a point on the South Righto-of-Way of the Heartland Rail ~ Corporation; Thence 862 09'31"E, along said South Right-of-Wa~ Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence S11 °43'38"W, 1240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02°29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave S whose 16.33 foot chord bears S01 o 12'12"W; Thence 65.50 feet, to a point on the South Line of said Southwest Thence S89°38'37"W, along said South Line, 209.90 to a point on~he Northerly Right-of-Way Line of U.S. Hi , 6; Thence No/thwesterly 175.60 feet, along said Right-of-W, and a 5830.~0 foot radius curve, concave Southwester)f, whose 175.59 foot chbr~ bears N59 o 59'08"W; Thence N60 ~0'5 7'W, along said Right-of-W-a~ Line, 337.19 feet, to the Point/of Be ;inning. Said tract of land ebbrains 38.93 acres, and is ;glbject to easements and restrictions ofre~. Parcel II (to be rezon~d I-1): ing at the Southwest Comer of Section 19, Townsh~ 79 ;e 5 West of the Fifth Principal Meridian, Iowh, County, Iowa; Thence N00 o 03'29"W, along the of the Southwest Quarter of said Section 19, a distance of 25t6 feet, to a point on the Northerly Right-of-Way Line along said Northerly Southeasterly 175.60 5830.00 foot radius foot chord bears Southwest 209.90 feet, to feet; Thence along sz concave to a Thence Point of Beginning; 16.33 feet, 6; Thence S60°50'54"E, Line, 337.19 feet; Thence Right-of-Way Line and a whose 175:59 on the South Line of said said South Line, ,65.50 ~00.00 foot radius N01 o N87°30'] Thence feet; Ri S62 to S curve, conc~ Southeasterly, whose 16.33 Thence N02 °29'45"E, 861.87 feet; "W, 266.70 feet; Thence N02°29'45"E, ,173.94 feet; Thence N11 °43'38 300.25 feet, to a point on >f-Way Line of Heartland Rail Corporation; Thence D9'30"E, along said Southerly Right-of-Way Line, on the East Line of said Southwest Quarter; Thence 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 .00 feet; 1240.47 feet, -2- 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 tract of land contains 101.57 acres, and is subject to easements and restrictions of record. ~ I, expenditures and indebtedness are anticipated to be incurred/~.~.th~e City of Iowa C Iowa in the future to finance urban renewal project activities/ehrded out in furtherance fthe objectives of the Urban Renewal Plan; and WHEREAS, City Council of the City of Iowa City, Iowa the division of revenue taxation in the Urban Renewal Project described, in accordance the provisions of Section 403.19 of the amended. provide for as above ode of Iowa, as NOW, THEREFORE, CITY OF IOWA CITY, IOWA: ORDAINED BY THE COUNCIL OF THE Section 1. That the taxes the taxable Project Area legally described in the pre~ ble hereof, of Iowa, City of Iowa City, County Iowa and all other taxing districts from and divided as hereinafter in this Ordinance provide, ~ in the Urban Renewal for the benefit of the State Community School District, date of this Ordinance shall be Section 2. That portion of the taxes the tax is levied each year by or for each of assessed value of the taxable property in the assessment roll as of January 1 of the in which the City of Iowa City certifies advances, indebtedness, or bonds described herein (which year), shall be allocated to and taxing district as taxes by or for paid. County ~ from the division directed to be made collected be paid into the taxing district into which all othe~ produced by the rate at which upon the total sum of the al Project Area, as shown on the first calendar year amount of loans, tax revenue 1997 calendar the respective ~erty taxes are Section 3. That of the taxes each year in excess of the base iod taxes determined as provided feetion 2 of this Ordinance shall be allocated to andShen collected be paid into t :ial tax increment fund of the City of Iowa City, IowaXt~ereby established, to pay ?rincipal of and interest on loans, monies advanced to, --~ indebtedness, whether funded, refunded, assumed or otherwise, including bonds or -3- 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 a/nd interest of each taxing district shall be collected against all taxable property witl)ifi the Urban 1 Project Area without any limitation as hereinabove providc~d. b"ection 4. Unless or until the total assessed valuation taxable property in the Urban Project Area exceeds the total the Urban Project Area as shown by the of this all of the taxes levied and collected Urban Renewal ect Area shall be paid into the as taxes by or for districts in the same >f the taxable property in roll referred to in Section 2 )n the taxable property in the for the respective taxing districts as all other property taxes. Section 5. At thereon of the City of Iowa monies thereafter received Project Area shall be paid into manner as taxes on all other' as the loans, Iowa indebtedness, bonds and interest to in Section 3 hereof have been paid, all taxable property in the Urban Renewal the respective taxing districts in the same Section 6. this Ordinance are hereby shall be construed so as to of Iowa, as amended, with Renewal Project Area as Ordinance shall be application of this provisions of ~ Project Area and All ordinances o~? parts The implement the )ect to the division ~cribed above. In the to be contrary to law, it which shall at all times be of the Code territory contained therein. in conflict with the provisions of of this Ordinance are intended and · ' of Section 403.19 of the Code from property within the Urban that any provision of this not affect other provisions or to fully invoke the to the Urban Renewal -4- Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Mayor City Clerk Read First Time: Vanderhoef, Baker, Read Second Time: Read Third Time: NAYS: ,1997 Vote lassage:AYES: Kubby. ABS None. ,1997 for passage: ,19[ Vote for passage: Norton, Novick, Thornberry -5- PASSED AND APPROVED: ,1997 I, , City Clerk of the City of Iowa City, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance N?./ passed and approved by the City Council of said City at a meeting held , __., signed by the Mayor on 1997, and in the on 1997. (SEAL) City Clerk, City, Iowa JKOVACEV~85957\l\10714046 -6- Prepared by: Joe Fowler, Director of Parking & Transit, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5156 ORDINANCE NO. 97-3789 ORDINANCE AMENDING TITLE 3, "CITY FI- NANCES, TAXATION AND FEES," CHAPTER zt, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY CODE, TO ESTABLISH THE HOURLY PARKING RATE FOR THE LINN STREET LOT AT ~.50/HOUR FOR THE FIRST THREE HOURS AND ~5.00/HOUR FOR EACH ADDITIONAL HOUR.' WHEREAS, the City of Iowa City desires to encourage turnover of parking spaces in the Central Business (CB-10) Zone; and WHEREAS, the City of Iowa City desires to increase the number of short-term parking spaces in the CB-10 Zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 3-4-7, Title III, Chapter 4, subsection 7, entitled "Parking Violations" of the City Code of Iowa City should be and is hereby amended by adding the following provision to Section 3-4-7: Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond Fine or Penalty Fees for Parking in City Parking Lots: City parking lots adjacent to central business district and central business: Linn Street Lot per hour: from 7:30 am - 5 pm first three (3) hours each additional hour from 5:00 pm- closin.q each hour ~.50/hr. ~5.00/hr 9.50/hr SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Ordinance No. 97-3789 Page 2 SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or 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 17t, h day of ,19 97 MAYORL ~ (j/ [~ ATTEST: ~ CITY CLERK City Attorney's Office finpkg\rateinc3,ord Ordinance No. 97-3789 Page 3 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 Thomberry Vanderhoef Lehman that the First Consideration 6/3/97 Vote for passage: AYES: Kubby,Lehman,Norton, Novick,Thornberry, Vanderhoef. NAYS: None. ABSENT: Baker. Second Consideration Vote for passage: Date published 6/25/97 Moved by Kubby, seconded by Norton, that the rule frquiring 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: Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton, Novick. NAYS: None. ABSENT: None. 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", CHAPTER ULATIONS", SE,C, TIONS 1,3, AND 4; AN,p E 8, ENTITLED POLICE REGULATIONS , PTER 4, ENTITLED "PET ANIMAL CON~TROL", SECTIONS 1, 2, 3, 4, 5, 6, 8, 9, 11, AND 12 OF THE CITY CODE TO NEW REGULATIONS REGARDING WHEREAS, it is in the public interest and safety to prohibit and restrict ertain animals within the City; to set for certain minimum regulations regarding shops, animal acts or'exhibitions, kenn breeders, and restricted animals; and future pigeon lofts and regulate cur~ pigeon lofts. NOW, THEREFORE, BE IT AINED BY THE CITY COUNCIL OF THE OF IOWA CITY, IOWA: SECTION I. Title 8, )ter 3, Section 1, entitled "Definitions' is hereby amended by repealing the defini of "Exotic Animals". SECTION II. Ti entitled "Cru repealed and 3, entitled to read a,, )11ows: No 8, Chapter 3, Section 3, to Animals", is hereby Title 8, Chapter 3, Section Neglect", is hereby added, person shall neglect, aband( abuse, torture, torment, mutilate, overload, beat, kill or cause the dear of any animal by any means which ca, es unjustified pain, distress, or suffering or to provide any animal with adequate care, water, exercise, sanitation, space, indoor 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, 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 Ordinance No. Page 2 Constitution of the State of Iowa, and the Fourth Amendment to the Constitution of the United States. 2. If an animal is rescued pursuant to this section, the City shall provide for the maintenance of the neglected animal at the City shelter. The City may contract with an animal care provider for the maintenance of the neglected The City shall post a notice in a cons ~lace at the location where the animal was ~ued. The notice shall state that the animal been rescued by the City pursuant to this :ion and Section 717B.5, Code of Iowa. The ;ity shall pay the animal care provider for animal's maintenance regardless of received from the sa of the animal or any re a court oursuant to sE ;tion 717B.4, Co~ of Iowa. 3. The anirr shall be ect to disposition as required a court p to Section 717B.4, Code ot Iowa. C. The disposition animal rescued by the City shall provided in Section 717B.4, Code of l SECTION III. Title 8, Ch~ entitled "Prohibited hereby amended by rer entitled "Exotic Anim~ :er 3, Section 4, d Conditions", is subparagraph F, SECTION IV. Title Animal Control" A. The substituting th Animal Contr, B. by substit~ Nuisance,, C. hereb, D. from Chapter entitled "Pet led as follows: of Chapter is amended by "Animal ~trol" for "Pet of Section is amended the title s" for "Pet definition of "Pet nimal" is lealed from Section 8-4-1 The word "pet" is hereb' 'epealed following sections: 8-4-2A, ~-4-2C, 8-4-4A(1), 8-4-4C, 8-4-5A, ~.-4-5C, 8-4-5E, 8-4-8B, 8-4-8C, 8-4-8D'(1), 8- 8-4-8G(1), and 8-4-8G(2). ~ECTION V. Title 8, Chapter 4, Section~l, 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 Ordinance No. Page 3 exposed to public view for entertainment, instruction, or advertisement. Boarding Kennel: Any commercial place or establishment, other than the municipal animal shelter, where dogs or cats or other animals not owned by the proprietor, owner, or person in possession of the premises are sheltered, fed, watered and generally cared for in return for consideration or a fee. Breeder: Any person who causes the breeding of a male~or female dog or cat, or makes o~/ allows a db~g or cat to be available for breedi~J, or any perton who offers to sell a pupp/y' or kitten that ~ a direct offspring of their~ildt dog or cat. ~11 breeders must posses:~ a valid permit issued~by the Division of Anim~,l'Control. Cat Kennel: \Any lot, building,/structure, enclosure or p~emises where five/(5) or more cats over the are of four (4) mynths are kept or maintained. \ / Circus: An event i~r performance which charges members of the ~public a~)/admission fee to watch trained lion,~, tiger~ elephants, or other animals perform under t~ whip or command of a ringmaster, train.e.~ ~handler. City Pound: Any pub~j. Oanimal shelter or pound established or malt ~ir)ed by the City which may include a ~rivate or charitable organization or leased by the City or with whom has a contractual agreement fo~ ~ent services. Commercial A ace or establishment where the or em yees perform groom- ing or tr~ services :or dogs or cats in return fc consideration fee. Defilem To foul, pollute or make filthy, by the pet ~nimal's body or wast or by the animal c~ or dragging any material. Do Kennel: Any lot, structure, er or premises where ~r (4) or more s over the age of four (4) ~ths are kept maintained. ~)o.q or Cat Show: Any place dogs or cats are being exhibited and/or Guard/Attack Do.q: A dog trained attack persons upon the command of its ma~ter or custodian or upon the actions of an indiv~,dual. Leash: A rope, line, thong, chain or o~her si---~-~ar restraint, not more than ten feet (10.')~. 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. Ordinance No. Page 4 Molest: Includes not only biting and scratching a human or other animal, but also any annoy- ance, interference with or meddling with any such human or animal. Motion Picture, Television, or Theatrical Performance: Any place or performance where one or more animals are used in the production of any motion picture, television, radio or theatrical performance, whether for entertain- ment, ins1 or advertising. Owner: addition to its ordinary meanin includes any person who owns, keeps harbors ~ animal. Pet Shol: Any place of business or commerce. establishment where are bought, exchanged, or offered f~ Pi.qeon or ~ove Loft: Any loft, or enclosure ~re five (5) or more eons or doves are ke or maintained. Private Pr~ All buildin and other property by a private p including buildings, ~nd service a~ parking areas. Prohibited ~imals: e following genus/species of be prohibited: (1) Canidae witl wolves, least fifty per( coyote-dog fifty perce~ jackals), b[ the dome~ (2) Felidae lions lynx, declared to 3rder Carnivora (e.g., hybrids which are at ~t (50%) wolf, coyotes, ,rids which are at least 50%) coyote, foxes, Canis Familliaris, order Carnivora (e.g., s, leopards, cougars, ~ts, jungle cats), but excIL ing Fells domestica, the domestic cat. ~, (3) Pr, within the order Carnivora (, coatis, pan~,clas, raccoons, fnonids). ~ the order ~Carnivora (4) of brown bear~ grizzly (e.g., black bears, bears, polar bears). Chiroptera (e.g., bats). ~ Cetacea (e.g., whales, ~dolphins, porpoises). ~ Pinnipedia (e.g., seals, sea lior/~, walrus). (8) Sirenia (e.g., sea cows, mana.t. exes). (9) Primates, including all familes, (e g., Cebidae, Cercopithecidae, Callithricedae, Pongidae, Lemuridae, Lorisidae, Tarsiidae, Colobinae, Hylobatidae, Pongidae; (e.g. monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees, orangutan, gorillas, apes)). Ordinance No. Page 5 (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 Squamata (e.g., crocodiles, alligators, caimans, gavials). (16) Helodermatidae of the order Squamata (e.g., gila monsters, beeded lizards)~ ' (17) Lizards of the species Komo~"~nsis, Sal~adorii, $alvator, Niloticus, AIb~ularis, and ~ndicus. // (18) Crot~lidae, Viperidae,/~Elapidae, Opistl~oglyphous Colubrida/e'; and all other orders\ which include/~poisonous or venom0~us reptiles (e~'"' rattlesnakes, vipers~ corals,Jcopperheads, cottonmQ~uths, moc/d'Jasins, sea snakes, puff ader~, malaga~y hognoses). (19) Eunectes I~f the,//order Squamata (e.g., green anaconda),)~. (20) Python Se~b~aZe, Python Reticulatus, Python Molo~u' s, Morelia Amethystina of the order ]mata. (21) Venomot ~iders of the families Teridiia~ ~xoscelidae respectively, and s the order Scorpiones, eXClL US imperator (emperor sco (22) A animals i enous to the State Iowa, as in Chapter 481A, of Iowa. Pub! Property: Buildings, r~qht of way or other pu~ property owned or de~licated to the use o/fit[ City and other governr~ental entities. ~estricted Animals: Tt~e following ge~us.'species of animals are hereby declared to be restricted: ~, (1) Ferrets. ~ (2) Iguana iguana, lizards of tl~ order of Chamaeleontidae, and lizard~x of the genus Varanus. ~ (3) Vietnamese Pot-Bellied Pigs (also'subject to zoning requirements). (4) Ostriches, Emus, Rheas, and Peaf0wis (also subject to zoning requirements). (5) Artiodactyla and Camelidae, including camels, alpacas, llamas, and viouna (also subject to zoning requirements). (6) Sugar gliders. Ordinance No. Page 6 (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, or wild bovine and/or where contestants ride wild bulls or wild horses for public ~' entertainment. Veterinarian: A person who has received a doctor of veterinary medicine degree or its/' equivalent f college of be duly to practice Veterinarv maintained the dia injuries to animals. an accredited or approv~ed medicine. A person must by the State of Iowa in order medicine in the ~.8tate. ~ital: An establishment regularly operated by a veterinarian for and treatment of?,tliseases and imals and which may board SECTION VI. Ti entitled "Enforce read as follows: It shall be the Animal Control with animal cot provisions of regulations ~ter 4, Section 2A, hereby amended to ~ty of the Director of the lity ("Director"), together to enforce the ~pter and animal-related e of Iowa, as amended, and to ira, large as herein in Secti 8-3-3 of tt personnel shall who ;ome food for pr¢ careful and st animals and shall of animals in by the City. any nimal found running at neglected as provided ; Code. The animal ~rovide adequate and ~ls impounded, shall e treatment toward o provide for the manner deemed SECTION VII. Title 8, Cha z~, Section 2B, entitled "Administration of 'ovisions", is hereby amended to read as ~s: The personnel of the ~o~ of Animal Control of the City of Iowa City are~designated as the official agents of the Cit~¥ for the purpose of issuing animal licenses an~permits, and collecting fees pursuant to this Chapter. SECTION VIII. Title 8, Chapter 4, Sectio~.n 3B, entitled "Which Animals 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. Ordinance No. Page 7 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 agair rabies virus and that such vaccination wi not expire within six (6) months from date the license is issued. In order to take a¢ 'antage of the lower rate for neutered animals the owner shall, at the application is m :le for an animal licer present ace of neutering signet a veterinarian conta a description the animal, its call ~ and date of if known. Such ce :ificate may used in subsequent license )lications. SECTION X. Title 8, Section 3E(5) is hereby amended the word "duplicate" and rep t with the word "replacement". SECTION XI. Title 8 entitled "Exception read as follows: Exceptions: Chapter shall owners are n )ter 4, Section 31, is hereby amended to provisions of this ,lied to animals whose temporarily within the City or ani broughl into the City for the purposed participatin in any animal show. Owners animals whicl' are trained to assist them their disabilitie~ shall not be charged a fee license said an although said are still ;e subject to the lice provisions of this :hapter. Xll. Title 8, Cha 4, Section 5B, "Noisy Animals", is reby amended to read as follows: No person shall cause or low any animal under their care, charge, custo~ ~, or control to emit any noise which anno~ys, disturbs, offends, or unreasonably interf6tres with the comfortable enjoyment of life or property of the neighborhood or general public. Th~ provisions of this section shall not apply to a c~ommercial establishment which is permitted pQ[suant to the Zoning Code. ~ SECTION XIII. Title 8, Chapter 4, Sectl,0n 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: Ordinance No. Page 8 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 medical care or treatment and may remain within the confines of the veterinary clinic or hospital as long as the animal is receiving medical treatment. B. No pers~nn shall keep or maintain an anim~, declared to\be a restricted animal under/t~ Chapter witl~out a valid permit issued/b~ the Division of A~imal Control of the //,6f Iowa cCi. t~igeon Ioft~ and dove lofts ~rohibited within the 0ity. Notwi' g this provision, any ~rson who or operates a pigeon and/or the City prior to July 1, 1997 m to operate such pigeon and/or ect to the following restrictions: 1. As 1, 1997, pigeon and dove lofts shall no1 e more than forty (40) pigeons and at any one time. 2. of July 2000, pigeon and dove lofts sha not ho~ more than thirty (30) pigeon~ doves any one time. 3. The exem or, for persons who own or o.,15 pigeon and do~e lofts within the City a.~_?of July 1, 1997 shall r~ot be transferable to /another person or another~oroperty. /D. Animals at Large Prohibited: / 1. No animal shall I~e found at large /' within the City at any tir~e. A properly li- /' censed animal shall not be~deemed at large if: J a. It is tethered or onethe enclosed ~ premises of the owner;~or ~ b. It is tethered or on t~,,e enclosed ~ premises of another persb~n with the ~ knowledge and consent'~,of that ~ person; or c. It is under the control of a\~erson competent to restrain the a~imal, either by leash or properly restr6.i~ned within a motor vehicle or enclos,,ed within a structure. 2. Notwithstanding the provisions this subsection, any animal shall be deemed at large at any time when the animal is Ordinance No. Page 9 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 building completely enclosed; or b. When housed in a veterinary hospital or boarding kennel licensed or regis- tered with the State; or c. When on the premises of the owner, provided the area in which such animal is located is completely enclosed by a fence or other structure h~,ving a height of at least sixty inche~(60"); or d. When under the control of a person competent to restrain the animal, either by leash or properly restrained within a m~tor vehicle. E. On Private Property: No animal shall taken, allowed or per-nitted on private p not owned by the owner of the anim~ the permission of t~e person o such property or the person in posse,, or control thereof. F. In Food Establishments: animal shall be allowed, taken or on or in any building, store, restaur~ where food or food products a~ ;old, prepared or dis- pensed to human er than the owners thereof, except f. properly trained and certified to assi disabilities while such animals acting ir~\such capacity. G. Tying Af : No animal or livestock shall be tied .b/~..a.n.y person to a L~ility pole, parking meter,/15uildin! , structure, T~ence, sign, tree, shrub/¥bush, newspaper or a~vertising rack or ot.h/e~ object on public property or tied on pr/Yvate property without the .~onsent of the ~wner or person in possession or control thereof or tied in such a manner~s to intrude onto a public sidewalk or street o~inhibit legal entry onto property, except f~ animals properly trained and certified to assi~ persons with disabilities while such animals aK~ acting in such capacity. ~ H. Solid Waste Removal: Any person wh~shall walk an animal on public or private prol~rty shall provide for the disposal of the solid wa~ste 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. Ordinance No. Page 1 0 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 hereby amended to read as follows: Not later than two (2) calendar days after the impoundment of any animal the owner, if known, shall be notified of such impoundment. SECTION XV. Title 8, Chapter 4, Section 9, entitled "Fees", ~ hereby amended to read as follows: FEES: The fo lowing animal fees shall be set , by resolution o: the City Council: permits, delinquent perrrtit fees, licenses, delinquent license fees, bo~ rding of impounded animals, owner reclamat ~n of impounded animals, adoption of im animals, a'nd for acceptance of ar voluntarily surrendered for adoption or dis osal. SECTION XVI. 8, Chapter 4, Section 11, entitled "Owner's esponsibility", is hereby repealed and a new itle 8, Chapter 4, Section 11, entitled "Res sibility of Owners" is hereby added, to follows: The owner of an shall be responsible for obtaining ,l~ce~ ses, permits, and vaccinations and for care and control of any such anir~al as. led Section 8-4-5 of this ChapterJ The owne~shall be prima facie responsibl/e'for any violati ~ of Section 8-4-6 of this Ch~l~ter by any arin~al owned by said ownerj ~ SEC/TION XVll. Title 8, Chapter 4, Section 1 2, enytled "Penalties", is hereby\renumbered as /Ttle 8, Chapter z~, Section 13.~ SECTION XVIII Title 8, Chapte' 4 is hereby J aSEmCenT~Oe~ by ad~ling a new Sectio~ 12, entitled "Permit Required", to read as fol~s: A. No person shall, keep, maintal,~, conduct or operate within the City of Iowa~City any animal act or exhibition which chargesX~ fee for admission, cat or dog kennel, cat or do~show, pet shop, restricted animal, boarding I~nnel, commercial kennel, motion picture, televisi n 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. Ordinance No. Page 1 1 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 or suspended. 3. Within thirty days after the expiration of any permit, the permittee shall apply for and secure a renewal of the permit in the manner provided for in th~s. Chapter. Failure to renew a permit within t~e time herein provided shall result in a delincuent fee, in addition to the regular permit fee, as set by the City Council. All applicants shill be furnished with permit rules and regulatio' ~s at the time the application is made. Permit ~les and regulations shall b, approved by resoiL ~ion of the City Council. z~. All perm :s issued to comm, kennels, pet shops, ,oarding kennels, c and rodeos shall be kept in a conspicuous place. C. Upon the fi ~g of an a~ ;ation for a permit or renewal Animal Control may and inspection of the a where the animal will proper within the Control shall then unless it finds: 1. The ke[ set forth in th, Division of investigation and the premises kept, as it deems Division of Animal ,ermit to an applicant animal at the place ~nd the conduct or operation of business f( which the permit is request, :e any ~a~N or ordinance of this any law of the St'.a, te of Iowa; or keeping of the anitnal at the place set in the application and\the conduct or op, of the business for which the permit i,~ uested will constitute a danger to the peace or safety of the community; or 3. The applicant has failed to\0rovide any animal in his or her possession, care.~ or control with adequate food, drink, sh,elter, 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 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 applicationi or Ordinance No. Page 1 2 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. An applicant who is denied a permit or a renewal by the Division of Animal Control may appeal such decision to the City Manager. The appeal must be filed within ten (10) days of the date the permit or renewal was denied. 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 pr Animal Control Advisory Board ~ 1. The kee set forth in the a operation of the was issued violates City, or any law of 2. The keeping set forth in the a operation of the is requested will evidence, the Division of and/or the Animal Control ~g of the animal at the place ication and the conduct or ness for which the y law or ordinance of State of Iowa; or the animal at ~lace and the or the permit anger to the 0cramunity; or health, peace or safety of 3. The permittee or her agent, or employee has failed to their possession, ca or proper and sufficiE food, protection; or any animal in ~ntrol with the ink, shelter, or 4. The his or agent, or employee h~ to maintain t or caging arc in a clean and condition; \ or The permittee, his or her agent, or emp 'ee has failed to protect any animal in th~ )ossession, care, or control from needless torment, cruelty, abuse, or neglect; 6. The permittee has had a permit revoked within one year prior to the date of application; or 7. The permittee 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. A permittee who has their permit revoked or suspended by the Division of Animal Control or the Animal Control Advisory Board may appeal such decision to the City Manager. The appeal must be filed within ten (10) calendar days of the date the permit was revoked or suspended. E. Waiver of Fees. Ordinance No. Page 1 3 1. Permit fees may be waived for licensed 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 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 Coul~ty Humane Society. fees~hall be waived for state- a wildlife rehabilitators who maintain wildlife rehabilitation purposes or for/ ongoing 'e and possess required United,,,// States Fish nd Wildlife permits and re( :e~l Iowa State permits. SECTION XIV. parts of sicns of this SECTION XV. provision or part adjudged to be inv[ adjudication sha Ordinance as or part ther not ad tutional.. SECTI~'~ XVI. )artmerit of Natural Re.' ',EPEALER. All o and ~s in the provi- repealed. TY. If any section, Ordinance shall be or unconstitutional, such ]ffect the validity of the any section, provision led invalid or unconsti- DATE. This Ordi- nan/~ shall be in effect its final passage, a/pCroval and publication, s~orovided by law. MAYOR ~ ATTEST: ~, ~ CITY CLERK ~,~ 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, :,NTITLED "POLICE REGULATIONS", CHAPTER ENTITLED "GENERAL ANIMAL SECTIONS 1,3, AND 4; 'LE 8, ENTITLED "POLICE CF kPTER 4, ENTITLED "PET ANII ,L 'ROL", SECTIONS 1, 2, 3, 4, 5, 6 9, 11, ID 12 OF THE CITY CODE TO NEW GULATIONS REGARDING/~ W ~, it is in the public health and to prohibit and certain animals the City; forth certain minimum re! lations re pet shops, animal acts kennels, breeders, and restricted to prohibit future pigeon lofts and current pigeon lofts. NOW, THEREF( CITY COUNCIL IOWA: BE IT ORDAINED BY THE CITY OF IOWA CITY, SECTION 8, 3, Section 1, entitled 3finitions", is ,~reby amended by repealin definition of xotic Animals". SE( II. Title 8, Cha 3, Section 3, entil "Cruelty to Anima ", is hereby re and a new Title 8, Cha :er 3, Section "Animal Neglect", is reby added, read as follows: A. No person neglect, abandon, abuse, torture, torment ~utilate, overwork, overload, beat, kill or ;e the death of any animal by any means fhich causes unjustified pain, distress, or or fail to provide any animal with adequate 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 o.f-~lo~, and the Fourth Amendme, Gt~Constitution of the United States.//' 2. If fan animal is rescued pursuant to/ this section, the City shall provide for th/e' maintenance of the neglected animal at/the City shelter. The City may contract ~,~t~ an animal care provider for the maintenan~,~ of the neglected animal. The City shall pos/t/a notice in a conspicuou'~s place at the Ioca~on where the animal was r~scued. The noti,c/e shall state that the animal ht ~s been rescue"~J by the City pursuant to this ,~ction and ,~ection 717B.5, Code of Iowa. care provider for regardless of of the animal or any a court pursuant to Iowa. 3. The, City s.,b'~11 pay the animal he a~[mal's maintenance s r.e~:eived from the sale r~bursement ordered by 717B.4, Code of shall be subject to a court pursuant to wa, neglected animal Jr as provided in disposition as re,.quired Section 717B.~4', Code of C. Th~'~lisposition rescued by ?e City shall Section 71,.,?B.4, Code of / SECTION" III. Title 8, Chapter Section entitle,d/ "Prohibited Acts and ~ditions", is hereb,~ amended by repealing ragraph F, enti~l/~d "Exotic Animals". SE/CTION IV. Title 8, Chapter 4, ~d "Pet ~/nimal Control" is hereby amended as fc~ows: / A. The title of Chapter 4 is amendi~ by /substituting th,e.. title "Animal Control" for '~'et / Animal Control . / B. The title of Section 8-4-5 is amendei~, / 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, 8-4-5E, 8-4-8B, 8-4-8C, 8-4-8D(1), 8- 4-8F, 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, instruction, or advertisement. Boarding Kennel: Any commercial place or establishment, other than the municipal animal J shelter, whe e~dogs or cats or other animals/ not owned b~ the proprietor, owner, or perso/vl in p ~ssessio of the premises are shelter/e'd, fed, watered ~d generally cared for in return for considerark ~ or a fee. Breeder: Any rson who causes the breeding of a male or fel ~ale dog or cat, or makes or allows a dog or c to be available for breeding, or any person o offers to sell a puppy or kitten that is a di offspring of their adult dog or cat. All ;ders must' possess a valid permit issued by the ::)ivision, Of Animal Control. Cat Kennel: Any lot, b'uilding, structure, enclosure or cats over the age of or maintained. Circus: An event or members of the watch trained lio w.,here five (5) or more (4) months are kept ~rmance which charges an admission fee to elephants, or other animals perform¢Snder or command of a ringmaster, ~¢'ainer, or h idler. City Pound: ~4ny public ~ n \al shelter or pound established/o'r maintained I~ the City which may incl~lde any prN ~te~ or charitable organiza.t),0n or facility leased\by the City or with v~hom the City has ~a contractual agreement for impoundment se~'ices. Commercial Kennel: A place or ~stablishment whe~'e the owner or employees pe~(orm groom- ing/or training services for dogs%or cats in refVurn for a consideration or fee. \ [:)~filement: To foul, dirty, pollute ¢r make ilthy, 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 (4) 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 any such human or animal. Motion Picture, '~Television, or Theatri.c~! Performance: Any place or performance one or more anima s are used in the pro of any motion ;ture, television or theatrical performa ~ce, whether f¢ ment, instruction, o advertising. Owner: In additior to its or( meaning, includes any perso keeps or harbors an animal. Pet Shop: Any pla~ business or other commercial t where animals are bought, sold, exchan~ :1, or offered for sale. Pi.qeon or Dove Any cage; loft, or enclosure where or more pigeons or doves are kept ned. Private Prope~ )uildings and other property own by a ~te person, including buildings, y~ and servk and parking areas. Prohib Animals: The following genus/sp, a~ hereby declared to be proh (1) within the Carnivora (e.g., vvu.v wolf-dog Is which are at least fifty percent (50% ~wolf, coyotes, coyote-dog hybrids wh c~ are at least ifty percent (50%) o(~yote, foxes, ackals), but excluding Candies Familliaris, he domestic dog. \. Felidae within the order Carn~ivora (e.g., lions, tigers, jaguars, leopards, cougars, lynx, ocelots, bobcats, jungle cats), but excluding Fells domestica, 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). Ordinance No. Page 5 (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) Chiroptera (e.g., bats). Cetacea (e.g., whales, dolphins, porpoises). Pinnipedia (e.g., seals, sea lions, walrus). Sirenia (e.g., sea cows, manatees). 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)). Formicidae within the order Hymenoptera(e.g., fire ants). , Apidae; specifically Africanized strains/o'f the Apis M~el!ifera honey bee. ~/ Proboscid ;a, Hyracoidea, Tubulid/Entata (e.g., elel ~ants, hyraxes, aardv/a.¢ks). Edentata, Pholidota (e.g., ~nteaters, sloths arr ~dillos). Marsu (e.g., kangaroos'S, wallabies, koala), .t for sugar ,gliders. of the order Squamata (e.g., les, alligators, caimans, gavials). Helodermatida o~/'the order Squamata (e.g., gila rs, beeded lizards). Lizards of Komodoensis, Salvadorii, Sal ~ Niloticus, Albigularis, and Indicus./ Crotalida Vip idae, Elapidae, Opisthog )hous ridae, and allother orders poisonous or reptiles (e. rattlesnakes, vipE , corals, c perheads, co' nmouths, moccasin,¢ sea snakes, pt aders, malagasy ~es). of the order $c (e.g., (19) reen anaconda). (20) Python Sebae, Python R~ticulatus, Python Molorus, Morelia Ameth%stina of the order Squamata. Venomous Spiders of the families Teridiiae and Loxoscelidae respectively, and scorpions of the order Scorpiones, excluding pandinus imperator (emperor scorpion). (22) All wild animals indigenous to the State of Iowa, as defined in Chapter 481A, Code of Iowa. Public Property: Buildings, right of way or other public property owned or dedicated to the use of the City and other governmental entities. Restricted Animals: The following genus/species of animals are hereby declared to be restricted: Ordinance No. Page 6 (1) Ferrets. (2) Iguana iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus, but excluding the 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 conl or entrants in horsemanship where lassoir ~s perform~ involving cattle, horses, bulls, pigs, bovine and/or where col ~nts ride bulls or wild horses public nt. Vetedna A person duly by the State of to practice medicine. Veterinary An es' )lishment regularly maintained )y a veterinarian for the diagnos~s of diseases and injuries to which may board animals. SECTION Vl entitled "Enf read as foll It sh~ Animal with ref 3, Chapter 4, Section 2A, ~t", is hereby amended to the dt control pc of the Cha of the Code of the Director of the (" Director"), together ~onnel, to enforce the and animal-related Iowa, as amended, a to impound any anirr found running at as defined herein or ne ected as provided Section 8-3-3 of this The animal control personnel shall ~ adequate and wholesome food for animals irrtl~ounded, shall provide careful and humane treatment toward such animals and shall also prob, ide for the disposition of animals in a mann~tr deemed appropriate by the City. ~ SECTION VII. Title 8, Chapter 4, Section 2B, entitled "Administration of Provisions", 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 Ordinance No. Page 7 purpose of issuing animal licenses and permits, and collecting fees pursuant to this Chapter. 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 d(~g or cat for w~ch the license is sought has b,e'en vaccinated a~gainst rabies virus and that,~uch vaccination ~Jill not expire within//~ix (6) months from ' date the license is/i'§sued. In order to take of the lower rate for neutered 3, the owner shall, at the time application is for an animal license, present a certif ]te of neutering signed by a veterinarian lining a description of the animal, its call an'd date of neutering, if known. Such ~rtificate may be used in subsequent licens~ )lications. SECTION X. Title is hereby amendec "duplicate" and re "replacement". SECTIONS! XI. Title 8, entitle..~l "Exceptions", read..as follows: ,Exceptions: The Chapter 4, Section 3E(5) by repealing the word ~cing it with the word ;hapter 4, Section 31, hereby amended to ing provisions of this Cb"apter shall not be a ~e~d to animals whose owners are nonresidents te~nporarily within the .City or animals brought in~{)the City for the purposed of participating in~ny animal show. Owners of animals which are~trained to assist them with their disabilities shafl~not be charged a fee to license said animals,~although said animals are still otherwise SL),~ject to the licensing provisions of this Chapter, SECTION XII. Title 8, Chapter 4, S~ction 5B, entitled "Noisy Animals", is hereby am'ended to read as follows: No person shall cause or allow any animal under their care, charge, custody, or control to emit any noise which annoys, disturbs, offends, or unreasonably interferes with the comfortable enjoyment of life or property of the Ordinance No. Page 8 neighborhood or general public. The provisions of this section shall not apply to a commercial establishment which is permitted pursuant to the Zoning Code. SECTION XIII. 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 o~ Animal Control of the City of Iowa City may maintain wildlife for rehabill,ration purposes. h i~pro 2. A prohi[ ited animal whic perly and appropri teiy restrainerS/' may be transported to veterinarian,Calf emergency medical care o treatment .afnd may remain within the es of the/veterinary clinic or hospital as lot as theE'animal is receiving medical treatmet ~ B. No person shall k, or maintain an animal declared to be a res cted animal under this Chapter without a permit issued by the Division of Anim~ rol of the City of Iowa City. C. Pigeon and lofts are prohibited within the withstanding this provision, person wh, owns or operates a pigeon ar dove loft w ~in the City prior to July 1 may contin to operate such love loft sub to the following restri ions: As of July 1, pigeon and dove shall not house more :han forty (40) eons and/or doves at any time. 2. As of July 1, 2000, eon and dove ofts shall not house more th~ thirty (30) pigeons and/or doves at any one me. 3. The exemption for son~ who own or operate pigeon and dove lofts with~i,,n the City as of July 1, 1997 shall not be transfe, rable to another person or another property. '",, D. Animals at Large Prohibited: 1. No animal shall be found at large within the City at any time. A properly li- censed animal shall not be deemed at large if: a. It is tethered or on the enclosed premises of the owner; or Ordinance No. Page 9 b. It is tethered or on the enclosed premises of another person with the 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 anim/~l~ in estrus shall I~e deemed at large at /arly time, except: \ a. When hbused in a building completely\enclosed; or b. When ho. us~Id in ave. terin?y hospit. al or boarding ~ennel hce~ed or regis- tered with th~ State;/~r c. When on the~remi/s~s of the owner, provided the\ar~/~'i in which such animal is Io ,1fed is completely enclosedSb~a fence or other structure ha' a height of at least sixty inchE t; or d. When un ;ontrol of a person compel ;train the animal, either leash or roperly restrained withi,(~ a motor ve E. On Privatb Property: No taken, allow.,~d or permitted not owne~,~by the owner the perr~ission of the propert,y' or the person in ~nimal shall be ~rivate property animal without owning such on or control thereof. F. In?Food Establishments: No lal shall be allowed, taken or permitted on Dr in any bu),(ding, store, restaurant or tavern food o~' food products are sold, prepa or dis- ~ensed to humans other than the ~'ners //thereof, except for animals properly tr~ ~1 and /certified to assist persons with disabili~ s'~vhile /such animals are acting in such capacity. ~ /G. Tying Animals: No animal or livestock shall /be tied by any person to a utility pole, parking //,meter, building, structure, fence, sign, tree, shrub, bush, newspaper or advertising rack or other object on public property or tied on private property without the consent of the owner or person in possession or control thereof or tied in such a manner as to intrude onto a public sidewalk or street or inhibit legal Ordinance No. Page 10 entry onto property, except for animals properly trained and certified to assist persons 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 public view a notice of warning regarding/t,l~'e transmission of Salmonella. SECTION XIV. Tit 8, Chapter 4, S~fction 8C, entitled Notice Impoundmen/t', is hereby amended to read follows: J Not later than (2) c~ '(~ndar days after the impoundment the owner, if known, shall be no impoundment. SECTION XV. Title entitled "Fees" is follows: FEES: The fi by resolution delinquent Chapter 4, Section 9, reby amended to read as animal fees shall be set Council: permits, fez ;, licenses, delinquent license boarding )f impounded animals, owner o impounded animals, adopti¢ of im e~l animals, and for accep/tl ,~ of animals vl~luntarily surrendered for//~fJc )tion or disposa..~ SECTI( N XVI. Title 8, Ch&pter 4, Section 1 1, tntitled "Owner's ResponSibility", is hereby /repealed and a new Title 8, (~hapter 4, Section / 11, entitled "Responsibility\of Owners" is hereby added, to read as follo\ws: / The owner of an animal sha~(I be responsible for obtaining licenses, I~ermits, and vaccinations and for the care 8, nd control of any such animal as defined Sec~t~ion 8-4-5 of this Chapter. The owner shall b~ prima facie responsible for any violation of Sec;~,(on 8-4-6 of this Chapter by any animal owned by said L_~------~o w ner. SECTION XVII. Title 8, Chapter 4, Section 12, entitled "Penalties", is hereby renumbered as Title 8, Chapter 4, Section 13. Ordinance No. Page 1 1 SECTION XVIII. Title 8, Chapter 4 is hereby amended by adding a new Section 12, entitled "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 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~/J by the Division of Animal Control. 2. All permits issued by the Divisio,j~'of Animal Co~.trol shall automatically exr i.r(~ one year from ~e date of issue, unless r~ ~k~ d or suspended.~. / 3. Wit. l~n thirty days afte~,l;m; expiration of any permit,\the permittee s .¥~11 apply for and secure a r~e,n~e~al of the pc it in the manner provided for in his Chap' Failure to renew a permit within provided shall result in a in addition to the regular permit fez set by the City Council. All applicants sh be furnished with permit rules and regula at the time the application is made. Perr and regulations shall be approved of the City Council. 4. permits issued to commercial kennels shops, ding kennels, circuses, and shall kept posted in a consp place. Upon the filing ~f an application for a per or renewal thereof, the Division of A~ Control may make~such investigation ~d inspection of the animalland the premises /~vh~re the animal will be k~pt, as it deems proper within the law. The Dl~,ision of Animal Control shall then issue a permi~to an applicant unless it finds: .~ / 1. The keeping of the anim~at the place set forth in the application and the conduct or .operation of the business for whic'-I~\the permit is requested will violate any law or ordinance of this City, or any law of the State of I~wa; or ~ 2. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit is requested will constitute a danger to the health, peace or safety of the community; or Ordinance No. Page 1 2 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 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 b'een given to give a writte~xbr oral and present evidence, th~ ,E:fivision of Animal )ntrol and/or the A~ Control Advisory ~ard finds: 1. keeping of the at the place set forth in applicati¢ the conduct or operation of for which the permit was issued vio law or ordinance of the City, or any he State of Iowa; or 2. The ke~ ~g of the animal at the place set forth in thl )lication and the conduct or operation of ~iness for which the permit is requestl )nstitute a danger to the health, or of the community; or 3 ~e, his or her agent, or em has failed provide any animal in their ~ossession, or control with the ~nd sufficient .od, drink, shelter, or p or 4. The permittee, fis or her agent, or fee has failed to m~ ~ain the premises or caging areas in a clean sanitary condition; or 5. The permittee his~r her agent, or employee has failed to any animal in their possession, care, from needless suffering, torment, cruelty, ~, or neglect; or 6. The permittee has a permit revoked within one year prior to date of application; or 7. The permittee 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. Ordinance No. Page 1 3 E. Waiver of Fees. 1. Permit fees may be waived for licensed 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 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 maint~ wildlife ongoing' States Iowa Stat permits. SECTION parts of sicns of this £ SECTION XV. provision or adjudged to be inv adjudication Ordinance as or part there tutional. for rehabilitation purposes or ~are and possess required and Wildlife permits an~ uired Department of Natur REPEALER. ces and ~nces in with the provi- y repealed. If any section, Ordinance shall be ~ or unconstitutional, such affect the validity of the or any section, provision ed invalid or unconsti- nance be in effect appr~ and publication, and approved ,19 DATE. This Ordi- its final passage, provided by law. ~is day of MAYOR ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page __ It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Vote for passage: Baker, Kubby. NAYS: Baker Kubby Lehman Norton Novick ., Thornberry .~-x ~aan, Norton, F: None. Second Consideration Vote for passages,//' Da ./ that the Novick,Thornberry, Vanderhoef, JUN 0 9 1997 P.O. Box 364 Riverside, IA 52327-0364 CiTY MANAGER'S OFFICE City of Iowa City MEMORANDUM Date: June 13, 1997 To: From: The Honorable Mayor Naomi J. Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney ~, Re: Animal Control Ordinance Based upon the discussion at the City Council meeting on June 3, 1997, I would suggest 'further amending the ordinance as follows: Amend the definition of "rodeo" to read as follows: 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, or wild bovine and/or where contestants ride wild bulls or wild horses for public entertain- ment. 2. Amend the definition of "veterinarian" to read as follows: A person who has received a doctor of veterinary medicine degree or its equivalent from an accredited or approved college of veterinary medicine. A person must be duly licensed by the State of Iowa in order to practice veterinary medicine in this State. This first sentence of this definition mimics the definition of "veterinarian" in the State Code. The State Code also requires anyone who practices veterinary medicine in Iowa to be licensed by the State. The above definition would allow the Animal Shelter to honor rabies certificates issued by veterinarians outside the state of Iowa. However, local veterinarians who examine animals, such as prohibited animals brought into the City for veterinary care, would still have to be licensed by the State. 3. Amend Section XVlll, Paragraphs C and D (City Code § § 8-4-12C and 8-4-12D) to provide an appeal to the City Manager if a person is denied a permit or a permit is revoked or suspended. I will be available at the work session on Monday, June 17, 1997 to answer questions. CC: Eleanor Dilkes, Acting City Attorney Steve Atkins, City Manager Marian Karr, City Clerk Misha Goodman-Herbst, Animal Shelter Supervisor R. J. Winkelhake, Police Chief Captain Tom Widmer, Police Contact Person: 356-5030 Dennis Mitchell, Asst. City Attorney, z~10 E. Washington Street, Iowa City, IA 522z~0; 319- ORDINANCE NO. AN O~!~INANCE CREATING A POLICE CITIZEI~S~RE~IEW BOARD TO ASSIST THE CITY IN ~PROCESSlNG CITIZEN COMPLAINTS CONCERI~ING THE POLICE DEPARTMENT AND ASSURIN~ THE POLICE DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS. WHEREAg~ the City Council for the City of Iowa City dd~ires to create a police citizen's review b. oar~ ("PCRB")to assure that investigations i~to claims of police misconduct are conducted\in a manner which is fair, thorough, and a~curate; and WHEREAS, th~PCRB is designed to assist the Police Chief, tt~e City Manager and the City Counci.!in e_valuatin~ the overall performance of the Police Departm~,nt as a whole, by having the PCRB review ~e Police Department's investigation into citiz'~n complaints; and WHEREAS, the corf~bination of purposes will better assure the citizen,' iwa City that the Iowa Cit~\Police ~1~ ~t's performance is in keeping community standards. NOW, THEREFORE, BE THE CITY COUNCIL OF THI OF IOWA CITY, IOWA THAT: i~° SECTION I. Title ' lice", is hereby amended by a Chap~er 8, entitled "Police Citize ~view Board", Which includes the follow )rovisions: 1. C ~ of a Police Citizen Review Board permitted under Iowa'~ home rule aut the City of Iowa City herb,by creates Citizen's Review Board, to b~,.hereafter to as the "Board," subject to the duties and limited powers set forth herein. ,, 2. Intent, Goals and Guiding Principles.',,. A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. Establish an annual reporting system regarding complaints against sworn police officers to give the City Council sufficient information to assess the overall performance of the Iowa City Police Department in these matters. Ordinance No, Page 2 C. The Board will: (1) Oversee a monitoring system for tracking receipt of complaints lodged against sworn police officers; (2) Provide oversight of police investigations through review of such investigations; (3) Provide the opportunity for a hearing for the police officer if the Board's findings on the complaint are critical of the police officer, as required by constitutional law, and give both th~ police officer and the complainant opportunity to present testimony evidence; 1) Issue a final Public RE on complaint to the City C~ which forth factual findings a~ a written usion which explair and the to which a corn is either ined" or "not su~ D, The police the impose E. No finding. be used in F. The Board of sworr act in Bo~ a tort liti shall authority over ers because only City Manager may Iowa law, Board's Report shall other legal proceeding, 311 only review the conduct ~e officers and shall only criminal, capacity. The .~nded to be a court of c 'm process or other No action of the shall be ~med to diminish or the right of y person to file a claim or a lawsuit a dnst the City. A complaint may be ed by any person with personal knowled of an incident. Personal knowled means the complainant was nvolved in the incident or witnessed the ~?ident, If the person with personal knowledge is underage or otherwise ~,nable to complete a complaint fo'r~-n, the complaint may be filed by such l~,rson's designated representative. The' City Manager, the Police Chief, the City Council, or the Board may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. In order to assure that citizens feel confident in the complaint process, non- police City staff shall be available at a public location other than the police department to receive complaints, Ordinance No. Page 3 although citizens may also file complaints with the police department, and formal mediation shall be available to the complainant(s) and the police officer(s) at any time during the process. The Board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, Civil Service Commission, and state and federal law. Similarly, the Board shall respect the rights of privacy and freedom from defamation' shared by complainants and witnesses, ~s well as those same rights enjoyed by )olice officers under the law/ The City ,~ouncil finds that inter/~al accountability within the Police De, p~rt- ment is a v~lid legislative purpos/e~ and one methoo~ of accomplishin~ such internal accd Antability is to/l~av' e the police do the 'own investi~'ations into claims of ina ~ropriate p/oh"ce conduct. If a complaint is asserted against the Police Chief, Manager will investigate the report to the Board and the ;ouncil. Inyestigation of Iormal complaints is a mandatory dut the Police Chief, and a report of .mplaint investigation shall be the Board. Such reports the shall include the factual of Police Chief as well a written ~clusion explaining wh' the extent ~Nhich a complaint is/~ "sustained" o~"not sustained". ~to~ ', such reports ~hall not include disc ~line or other persor~nel matters. If the Police Chief and the\City Manager find the police offic~['s actions constitute misconduct and~liscipline is imposed by the Police Chef or City Manager, the internal~ affairs investigation may become ~ public record to be released by tl~ City Attorney to the extent provided b~, law. In order to assure external account'a~l~ility for the actions of the Police Departme. nt, all formal complaint investigations sh~all be reviewed by the Board and reported to the City Council. External accountability will further be provided by the Board's maintenance of a central registry of all formal complaints. In addition to the central registry, the Board shall provide an annual report to the City Council, Ordinance No. Page 4 which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, demographic information, and recommendations as to how the Police Department may improve its community relations or be more responsive to community needs. N. The Board shall have oversight authority to review police practices, procedures, and written policies from time to time, as those practices and procedures relate to the Police Department's performance as a whole and shall report same to the Council, including any recomme~ changes. 3. Definition o' Complaint; Complaint in General. A. A "cor~plaint" is an al ~ation of misconcuct lodged agai a sworn police i~fficer ("polic officer" or "officer" employed the Iowa City Police where the corn occurred while the officer in their capacity as a sworr ; officer. B. Any person "personal knowledge" of the alle police misconduct may file a corn with the Board or with the low Police Department. In order )ersonal knowledge", the must have been dire involv( in the incident or ~,~n, the If the person /Nith personal ,wledge is underage /or otherwise ~ole to complete a / complaint form, ~btco_m, plaint may be filed by such ,ei~son s designated representative. The ~:ity Manager, the Police Chief, the Cit' Council or the Board itself may file a omplaint based on a reasonable b, ~ that police misconduct has occu ~ regardless of personal knowledge. '1 person or official filing the laint may hereafter be referre. to the "complainant". C. All complaints filed with or the Iowa City Police De ~t shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public, in easily accessible locations, and non-police staff shall be available to receive the complaint forms. Assistance may be Ordinance No. Page 5 available to complete the form as designated by the Board. D. All complaints must be filed with either the Board or the Iowa City Poll Department within sixty (60) da of the alleged incident. E. Only those complaints whi( not involve the conduct of a~ City sworn police officer or not filed within sixty (60) days the alleged incident may be sub to summary dismissal by the Boa F. The Board shall ado ~ ~rocedural rules and bylaws gow receipt and processing of Such procedural rules by-laws shall first be approved City Council. 4. Formal Mediation. A. Formal tion shall be the responsibilit the Board, and shall b/~' available t¢ the complainant(s)/a'hd police offi at any stage ~,f the process consent of all parties a as provided y Board. Upon tl 9 filing of a )laint, all compla ~ants shall be that formal mediation is available. Comp ma, meet informally with police and the watch comr ~ander o' police officer if they wis~ B. Ifa the shal be is successfully mediated, of the mediation agreement set forth in writing, and shall ,~pt confidential to the extent by law; but the status of lement shall be maintained in the Bo~rd's central registry for reporting in thei, Board's annual report. There shall be ~o retaliation against police officers wh~ choose not to mediate. 5. Police .~pepartment and Police Chief Investigat~ry Duties; City Manager Investigator~ Duties. A. The ~'olice Department shall forward copie~ of all complaints received to the Board.~ If the complaint concerns the Police "Chief, a copy of the complaint shall also be forwarded to the City Manager. B. Investigation. It shall be the mandatory duty of the Police Chief to do the following: (1) Prior to investigation of any complaint, the Police Chief shall first give Garrity and Gardner advice to all Ordinance No. Page 6 police officers implicated in the complaint, as required by constitutional This means the officer cannot be Ir~qW~ired to waive the officer's constitutional right against self- incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be us~ed against the officer in a criminal proceeding. (2) Notify the complainant and t.h/e" polic~ officer who is the subject of,)lfie corn aint that formal mediatiorl is )le at any time during the, e,e~olice de investigation ~nd the Board' review. The Polic~"~hief may also n ~tify the complair)a'nt that the compla may feet .i.f~formally with / the ce officer Jand the watch / cornmar ter of the .police officer if the complair ~nt wishes to do so. (3) complaint to designate ators within the Police Dep ment for investigation into the factu Ilegations of the complaint. (4) The complainant ;hall be interviewed by the Department and s~all be entitled to have a ne~Jtral City staff person or \some other person chosen by the complainant p re,~ent during the inter~tiew. The police off!ce~ is entitled to have a union \steward present during ~ny interviews. (5) Investigators \will prepare and forward a report of t~eir investigation to the Police Chief, \and shall make detailed findings of f~ct as to the allegations in the compl" "~int, and shall also set forth a writt~ conclusion which explains why and ~e extent to which the complaint 'is either sustained or not sustaine',d. C. If litigation, including criminal"charges, relating to the matter of the complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Chief and/or the Board shall consult with the City Attorney and/or the Board's own attorney on a case-by-case basis, to determine Ordinance No. Page 7 whether and how the investigation of the complaint should proceed. D. If a complaint is filed concerning the Police Chief's conduct, the City Manager shall investigate or cause an investigation to be completed. E. Nothing in this ordinance shall prevent the Police Chief or the City Manager from taking disciplinary action prior to the Board's .review of the complaint. 6. Police Chief's Report to the Board; City Manager's Report to the Board A. The Police Chief shall receive the designated investigators' report within the time frame indicated by the Police Chief. The Police Chief shall conduct a review the investigators' report, and may do an~ all of the following: conduct request tl~ekpolice investigators to additional ~n~estigations; request information ~ that additional be asked; or direct that )ersons or witnesses interviewed; uest that other documer be and/or retrieved; and ~ny matters the Police B. The Police City Personnel Adr Attorney prior to fine Report to the Bo~ shall then forwa~ to the following: investigative appropriate. consult with the trator and the City ,ing the Police Chief's and the Police Chief Police Chief's Report shall include the / (1) Detail written findings of fact con~ the legations in the cc )laint; (2) written conclusi~ which explains and the to which the complaint is either "s ~stained" or "not sustained"; and Recommended remedi actions, if any, including amending cu 'ent policies or adopting new policies, but excluding discipline. C. The Police Chief's Repo to the Board shall not include discipline or personnel matters. D. A copy of the Police 's Report to the Board shall be given to the police officer, the complainant, City Manager. If the complaint concerns the Police Chief, copies of the City Manager's Report to the Board shall be given to the Police Chief, the complainant, and the City Council. Ordinance No. Page 8 E. The Police Chief's Report to the Board shall be completed within thirty (30) calendar days after the complaint is filed. The Board may grant extensions to this deadline for good cause shown. F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to all parties--including the complainant, the police officer, and other witnesses. G. If a complaint is 'flied concerning the Police Chief, the City Manager's Report shall include the same findings of fact and conclusions as required for the Police Chief's Report to the Board. 7. Duties of the Board: Complaint Review and General Duties A. The Board shall forward copies of complain received to the Police Chie investi ion; or where the concerns :he Police Chief, shall fo a copy of complaint to the Cit, er for investi B. Review Police Chief's or City Manager's .ort. (1) The shall all Police Chief Re City Manager Reports complaints. The Board shall d on a simple majority vote, the lew ,f review to give each Police Chief City Manager Report, and the Bo ay select any or all of the ds of review: a. 'd with no additional b. Interview ~eet with the complainant; Interview with named police officer and other police officers; d. Request additic ~al investigation by the Police Chief or City Manager, or quest police assistance in Board's own investigation; e. Performance by Board of its own additional investi ~lo~; f. Hire independent inve~stigators. (2) The Board shal,I apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Manager's Report. This requires the Board to give deference to the Police Chief's or City Manager's Report because of the Police Chief's and Ordinance No. Page 9 City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a. the findings are unsupported by substantial evidence; b. the findings are unreasonable, arbitrary or capricious; or c. the findings are contrary to a police department policy or practice, or any federal, state, or local law. When collecting and reviewing additional evidence, the Boarl shall rely on evidence whi~ reasonably prudent persons accustomed to rely upon ir ;onduct of their serious At the conclusion the review, the Bo shall issue a ~blic Report City Council, ~cerning th ~laint investi Public Report detailed findings of )ncerning the complaint, to ther with a clearly articu conclusion which expl~ ~y and the extent to omplaint is or "not Jstained". This Pu c Report ~all not includ~ any disci e or persot matters, althou the Boar~ comment erall¥ as to/~ r the Board believers di/s'cil~lineis appropriate withou't~, c/ommenting on the extent or~ /form of the discipline. A copy of /this Public Report to the City Council shall be given to the complainant, the police officer, the Police Chief and the City Manager. ~ (4) The Board shall not issue a Report which is critical of the sworn police officer's conduct until after a "name-clearing hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to both the police officer and the complainant so that they may Ordinance No. Page 10 testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all state and federal rights enjoyed by both the officer and the citizen. The police officer may waive the right to this hearing upon written waiver submitted to the Board. (5) If the Board's Report is not critical of the police officer's conduct, the Board is not required by law to offer a hearing to the police officer, but the Board may hold hearings as deemed appropriate by the Board. (6) The Board's Report to City Council shall be corn within thirty (30) calendar of receipt of the Chief's Manager's Report. TI City Council may grant for extensions to this upon good cause shown. (7) Nothing in ordinance hall in any impede or ~rfere with Police Chief's er's lawful their personnel superv duties over sworn police cers, including the ability ~pose discipline as deem~ by the Police Chiel ~nager. (8) Board ;hall have no al over disciplinary a but shall focus e Board's Re ~ on the propriateness of the'~ehavior hibited by the police ~fficers volved in the comp~la~int. though the Board shall ~.t concern itself with the speci.fic~, of possible disciplinary action, the Board may comment generally on whether discipline i" --' 's appropriate. (9) No findings or Report submitted to the Board or prepared by the Board shall be used in any other proceedings. C. General Powers and Duties. The Board shall also carry out the following duties: Ordinance No. Page 1 1 (1) Maintain a central registry of complaints; (2) Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or police officers, and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The Board's annual report may also include recommended changes in poli~ practices, policies or (3) In addition to the report, the Board shall, fr~ to time, report to City ;ouncil on police )ractices, ocedures ant policies, udingrecomm dedchanges, if (4) shall adopt and by-laws Board's activities, procedural rules and all first be approved ,'ouncil. ted Powers of the govern and su. by-la' by 8. Board Comp Board. A. Boar )osition. (1 The Board ;onsist of five members a _\by the City ncil, who shall be~lowa City residents and shall serv~t without compensation. The City Co,oil shall strive to appoint member~s~ who represent the diversity ot~ the community. Appointments to,the Board shall include one current~o.r former "peace officer" as that terrors defined by state law. The City Council reserves the right to waive the residency requirement for good cause shown. (2) Following final adoption and publication of this ordinance, the City Council shall appoint members to the Ordinance No. Page 1 2 Board for staggered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows: One (1) person appointed for a two (2)-year term. Two (2) persons appointed for a three (3)-year term. Two (2) persons appointed for a four (4)-year term. (3) Training shall be available to all Board members to enable them to perform the duties imposed herein, including training on Iowa's public records and open meetings laws. B. Limited Powers. The Board shall have the following limited powers: (1) On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. (2) The Board shall decide the level of review to give the Police Chief's or City Report by a simple majority of all members of the Board. (3) Board has no power review e officer personnel rec~ or disci matters except extent such ~atters are made by the City ey. (4) The has only civil, administrative and has no power or aL criminal matters. The Bo~ not a court of law, and is not int~ ed to substitute as a tort claim ocedure or as litigation again,, (5) If crimil ire brought or are bein against a particula officer, ~e Board's review investigation proceed g other ;ers or or collecting ts, as appropriate. Any statements ;l~ve~ by an officer who is subject to crim]~,al investigation cannot later be use'~,, against the officer in a criminal proceeding, as provided under the F!fth Amendment to the U.S. Constitution"*'-% unless such constitutional right is waived. (6) The Board may obtain outside counsel and independent investigators in order to carry out the Board's duties, and the City agrees to provide Ordinance No. Page 13 reasonable budgetary resources for such purposes. (7) The Board may hold general informational hearings concerning Police Department practices, procedures or written policies, and such hearings will be public. The Board shall then report the results of such general informational hearings to the City Council, as the Board deems appropriate. 9. Police Officer's and Complainant's Rights Preserved. A. 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 Commission laws and other applicable state and eral laws. B. common law rights citizens d police officers, such as and rn from defamation, be protected ring the process set in this ordinance it shall be the duty to protect hts. C. the provisions, no Board liable to any person for dama uitable relief by' reason of an' ~vestigation or recommendation or )ort made by either a Board member or Board itself. 10. Sunset ClaL ~,~ ordinance shall be automatically/~ o~August 1, 2001 unless re-er,~fct6 by City ~ouncil. SECTION II.,/REPEc _ER....All ~rdinanoes and parts of .o.r.,~n,,an.c.e, in conflict v~th the provi- sions of/t,l~is Ordinance are herebyrepealed. SEC.TI.,~ III. SEVERABILITY. If a~y section, prov/i~ion or part of the Ordinancb~ shall be ad, j~dged to be invalid or unconstitutional, such ~)~j.u. dication shall not affect the v. alidit~of the Ordinance as a whole or any section, pr0~ision or part thereof not adjudged invalid or unconsti- tutional. ~ SECTION IV. EFFECTIVE DATE. This Ord- nance shall be in effect after its final passage'x, approval and publication, as provided by law. ~, REVISED 5/29/97 Contact Pers~: Dennis Mitchell, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 W_~.EAS, ~ity ~ncil for the City of Iowa City desires to ~a police citizen's review board ("PCRB") ~ ~s~ th~ ~estigations into claims of police mi~u~ are fair, thorough, and accurate; ~d ~ WHEREAS~ P~ d~ig~d to assist the Police Chief~ity M~a~r and the City Council in evaluati~ t~ o~11 ~a~e ~ t~Police Depadment a~ob, by ~¢mg the PCRB review the Police De~em~ i~e~ig~i~ i~o dti~omplaints; and~ WHEREAS t~ c~b~t~~ of t~ ~o purposeSill b~r ~ t~ citi~ns of Iowa City that THAT: I, Creation of a Police Citizen Review Boa As permitted under Iowa's home rule theCity of Iowa City hereby creates a Police Citizen's Review Board, to be he, ~ referred to ~ ~e "*CRB" or the "Board," subject to the duties and limited powers set fo~h ~r~ ~. II. Intent, Goals and Guiding PrO)lea It shall be the intent of this Ci~uncil that the Board ~si~ t~ Cit~n achieving the following goals and carwing °ut the f°l!Tg pri~iples:. & The City Council d~i~. ~ a~ure itself, as well as t~ ~mm~ity, th~ i~stigations into claims of inappropriate con~ by ~om police officers will ~ ~ir, th~o~h, ~~d that an annual reposing system ~1 give the City Council sufficient i ~ti~ ~ ~s~s t~ o~all pe~ormance of the Iowa City )lice Depa~ment in these matters. & One metho( achieving this goal is to establish a Police Citizen's Review Board, which will 1. O a monitoring system for tracking receipt of complaints lodged against sworn police icers; 2. =rovide oversight of police investigations by establishing a system for Board review of such investigations; Ordinance No. Page 2 3. Pro~'ide the opportunity for a hearing to the officer if the Board's findings co the complaint are ical of the police officer, as required by constitutional law, and listen to~ both the police officer'~ ~d the complainant's version of the story; 4. Issue a ~al Public Report on the complaints to the City Council, fi~ing the complaint "sus' meaning the facts are true and the conduct was no/t/appropriate, or the complaint is lot sustained," meaning the conduct was appropriate//. The Board shall have over police disciplinary matters, since~)nly the Police Chief or City Manager may impose disci line under Iowa law. No findings in the Board's Re The Board shall only review the criminal, capacity. The Board is not litigation process. No action of the Board to file a claim or a lawsuit against the City. shall be used in any other,legal proceeding. / Act of sworn poli.~e' officers and shall only act in a civil, not to be ~'court of law, a tort claim process or other ~11 be dee/reed to diminish or limit the right of any person / A complaint may be filed by any person wi' filed by the City Manager, the Police Chi~ the In order to assure that citizens feel c~nfident in the that neutral or non-police City staff shall be available at althou.qh citizens may also file cot with the police to citizen(s) and officer(s) at a time during the process. real knowledge of an incident, but may also be ;ouncil, or the Board itself. aint process, it is the Council's intention ~eutral location to receive complaints, lent, and that mediation be available The Board shall not interfer or diminish the legal rights of rights protected under tl union contract, Civil Service Commission Similarly, the Board s II respect the rights of privacy and freedom citizen complainants ~d witnesses, as well as those same rights the law. ~olice officers, including those ~tnd state and federal law. defamation shared by police officers under The Council that internal accountability within the Police Department is legislative purpose, an method of accomplishing such internal accountability is to have )lice do their own inve~ ations into claims of inappropriate police conduct. If a complaint is asserted ainst the Police ief, the City Manager will investigate the claim and report to the Board and City Ordinance No. Page 3 Investigation of all formal complaints will be a mandatory duty of the Police Chief, with a report of the cornplant investigation given to the Board. However, internal affairs investigations for possible discipline wil~ontinue to be carried out by the Police Chief as a personnel matter, but such matters shall not be reg~wed by the Board, and shall generally remain confidential. If the Police Chief and the City_ Ma.nage_r~.,,n_d_ the officer's actions constitute misconduct and discipline is imposed by the Police Chief or Cityl~kanager, the internal affairs investigation MAY become a public record to be released by the City At, t~ey to the extent provided by law. ,~ The City Council desires ~ternal accountability for the actions of its Police Department, and one method of assuring this external accountability is to require that all formal complaint investigations be reviewed by the Board an~k~,eported to the City Council. ,'~ External accountability will further ~provided by the Board's/maintenance of a central registry of all formal complaints. In addition to tl~ central registry, the/Board shall provide an annual report to the City Council, which report shall be ~ublic and shall s?t~forth the general types and numbers of complaints, how they were resolved, dem'~,raphic info/r,r~ation, and recommendations as to how the Police Department may improve its communt~ or be more responsive to community needs. The Board shall have oversight authority to re~ from time to time, as those practices and pr as a whole, and shall report same to the ity police practices, procedures, and written policies relate to the Police Department's performance including any recommended changes. III. Definition of Complaint; Complair in A "complaint" is defined an allegation of misconduct ("police officer" or "( employed by the Iowa complained-of occurred while the officer was on as a sworn polic against a sworn police officer Police Department, where the )r was acting in their capacity Any person personal knowledge of the alleged police nduct, including direct observetiC of such police behavior, may file a complaint with the City PCRB on forms provideby the Board. In addition and regardless of personal knowled ~the City Manager, the /~lice Chief, the City Council or the Board itself may file a comp~int based on a re~onable belief that police misconduct has occurred. The person or Of~cial filing the mplaint may hereafter be referred to as "complainant" or "citizen complainer Complaint forms shall be available at neutral locations to be designated by the Board, shall be ./ received by neutral (non-police) staff assigned to the Board. Ordinance No. ' Page 4 eft/ · All complaints filed with the Board will be in writing, but a complaint may b a designated representative of a citizen who is underage or who is otherwis/e/unable to complete the complaint form. Complaint forms shall be available to the pul~lic, in easily accessible locations, and assistance may be available to complete th,,e' form -- all as by the Board. ./' The oard shall adopt procedural rules and bylaws governing .rbceipt and processing of com :s, but it is the City Council's intent that complaints shSuld be filed within sixty (60) calendar of the incident. It is the further intent of the City Council that only those complaints ich do not involve the conduct of an Iowa City sworn police officer may be subject to ary dismissal" by the Board. j' IV. Meditation Mediation shall be the parties (citizen and officer) and as provided by the complaint, all citizen complainan ofBoard, and shall be available to the involved of the process upon consent of all involved parties the City Council's intent that upon the filing of a ~all be informed that mediation is available. · If a complaint is t~. t, erms of the mediation agreement shall be set forth in writing, and shall/b~ kept confidential",~the extent allowed by law; but the status of settlement shall be ma,,,~tained in the Boards b~!ral registry for reporting in the Board's annual report. Ther,~shall be no retaliation aga'i~t police officers who choose not to mediate. / ~, Mandatory Police./~artment and Police Chief Duties;City M~,x~r Duties ~ Investi7°n- ~ It shCbe the mandat0ry duty of the Po,' Cce hi~ efto od the following: ~ Pr--- ior to investigation of any citize I ' t the P~lce Chief shalk~rst give Garrity / and Gardner. advice to all police ff' ' I'c~ed 'n the c[ oreplaint, ~required by - Poh'ce Department inquiry into all d ffo icer 'mscond~ and disciplinary',~tters / shall not bea pa~t 0f the PCRB pr b t shall rema~ess, un ~ ep rsonnel matter f6r,,,~e Police Chief and the City Manag S I th'ng~'n the PCRB process shalt.,,~ Ordinance No. Page 5 prevent the Police Chief from taking disciplinary action prior to the Board's revie~ or the Board's Report to the City Council. Inform citizen and police officer that mediation is available at any stage in'the PCRB process. Assign the complaint to designated investigators within the Police Department for ',~,nvestigation into the factual allegations of the complaint. However, any investigative r~ters of an "internal affairs nature" into potential disciplinary matters may be corr~eted by the same investigators at the direction of Police Chief, but such pers_o_i~el matters or disciplinary matters shall remain confidential unless released by the City'~,torney as provided by law. -- The citizen"~mplainant shall be interviewed by the Police Department and shall be entitled to ha~a neutral City staff or some other person present during the interview. The police offic%is entitled to have a union steward present during any interviews during the PCRB ~r~cess. Inve-- st'~gators will pre~re and forward a report of their investigation to the Police Chief, and shall make db,~led findings of fact as to the allegations in the complaint, and shall also set forth a ~tten conclusion which explains why and the extent to which the complaint is either ~,,ustained" or "not sustained". The investig-- ators' report shall b~,,~ven to the Police Chief in a format consistent with the iltent if the.PORi ordinance. _~,, plain English' · If litigation includinq cr m--i in la c, h~fr. . ... eq .s, relating t~,he matter of the complaint is commenced or is being contemp atl ed by, or a aig nst any pa~y to, he complaint, the Police Department, the Police Chief and/or the Board shall consult with th ' and/(~r the Board's own attorney on a case-by-case basis, to determine and how the investigation of the complaint should proceed. · If a complaint is~ited concerning the Police Chief's conduct ~, City Manager shall investigate ~se an investigation to be completed. Police Chief'~o~ to the Board; City Manager's Report to the Board · The/Police Chief shall receive the designated investigators' report within the tim~,rame i~cated by the Police Chief, The Police Chief shall conduct a review of the investigOr, rs' /yeportI and may do any or all of the following: conduct interviews or request the investigators to conduct additional investigations; request additional information, or that additional questions be asked; interview or direct that other persons or witnesses be inter- Ordinance No. le 6 viewed; request that other documents be reviewed and/or retrieved; and investigative matters the Police Chief deems appropriate to accurately and fairly the complaint. any ate Vl. Police Chief will consult with the City Personnel Administrator and finalizing the investigation Report to the Board, and the Chief Chief's Det~ A not a sustained," City Attorney then forward the to the Board, which shall include the following: written findings of fact concerning the allegation., conclusion which explains why and the exte tined," meaning the complaint was factual or "not g the complaint. to which the complaint is and the conduct was complaint was either not · substantiated a~,,kfactually accurate or that the was deemed appropriate. --Recommended ret~edial actions, includin.q a/~ current policies or adoptin.q new. policies, but excludi~iscipline. // ~oCrr~pPlYai~fa~; aC;~'prSi~t~;~th~e Board ,;Irl' bf~h:i~;nmtp~ati~cPo~licC;n;~i~eerl~ceeCicti~i;~ copies of the City Manager's 9 Board shall be given to the Police Chief and the citizen complainant. It is the City Council's intentthe Chief's'l~eport to the Board shall be completed within thirty (30) calendar days of being"f.!led, but the Board's procedural rules and by-laws governing shall address extensions for good cause shown. All investigations performed in a manner de'~ig~ed to produce a minimum of inconvenience and 9nt to all parties--including t~..e citizen, the police officer, and other witnesses. If a complai is filed concerning the Police Chief, the City Manager,~ Report shall include the same ~dings of fact and conclusions as required for the Police ~.rs Report to the Board. of the Board: Complaint Review and General Duties ~,, A. duties regarding complaint review. Ordinance No. Page 7 The Board shall receive all complaints, and either forward the complaint to Police Chief for investigation; or where the complaint concerns the Police Chief, forw/a the complaint to the City Manager for investigation. / The Board shall review all Police Chief Reports and City Manage~/~eports concerning completed investigations of all complaints as set forth below. / ,~,~ Review of Police Chief Report or City Manager's Report "~e Board shall decide, on a simple majority vote, the level o~r'eview to give each Police Chl~or City Manager Report, and the Board may select a~or allof the following levels of revt~: - Oh,~he record (no additional investigation) - Inter~,w/meet with citizen complainant - IntervieWmeet with named officer(s) and ot ;r officers . - Request ~,,~,ditional investigation by pc or City Manager, or request police assistance iN, Board investigation Perform own additional investigation Board members Hire independent. (external) invest ator In reviewing the Chief's (~r City Manag~ ~ Report and in doing any additional investigation, the Board shall apply an administrati~ standard of review as contemplated in administrative law, namely the Board shall a0ply//'~ "reasonable basis test." This means the ,Board shall give deference to the Chief's ~'~,City Manager's Report because of the Chief s and City Manager's respective professional ,expertise. Otherwise, the Board shall rely on evidence / which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. At the conclusion of the' Board's review, the Board shall issue a Public Report to the City Council concerning/the complaint investigatior~. Such Public Report shall include detailed findings of fact cor~0erning the complaint, togethe, r with a clearly articulated conclusion which / explains why ~d the extent to which the complaint i,s "sustained" or "not sustained". A copy of this Publi~Report to the City Council shall be given to the citizen complainant, the police officer, the/Police Chief and the City Manager. The Bo/~d shall not issue a Report which ~s cnt~cal of the s~vorn police officer's conduct until after/~f'"name-clearing hearin.q" has been held, consistent with constitutional due process law/,/The Board shall give notice of such hearing to both the police officer and the citizen s/~that they may appear before the Board and be heard. The Board shall be responsible /~r protection of all state and federal rights enjoyed by both the officer and the citizen. The /officer may waive the right to this hearing upon written waiver submitted to the Board. Ordinance No. Page 8 VII. · ~. If the Board's Report is not critical of the officer's conduct, the Board is ~ to offer a hearing to the officer, but the Board may hold hearings as deer ~he Board. · ~'~l~\hearings of the Board shall comply with applicable state and f, · It is the City Council's intent that the Board's Report to the City thirty '~0) calendar days of receipt of the Chief's or City Ma~ by law appropriate by Nothing in this Board Review process shall in any way im Chief's and/or the City Manager's lawful ability to over sworn police officers, or interfere with the abi appropriate by the Chief or City Manager. The Board shaIF have no authority over police the Board's .Report,.on the appropriateness involved in the complaint. To this end, the of possible disciplinary action, but may in~ is appropriate. No findings or Report submitted to other proceedings. General Powers and Duties. Maintain a central registry of Council which shall be laW, be completed within Report. or interfere with the Police personnel supervisory duties to impose discipline as deemed matters, but instead shall focus behavior exhibited by the police officers shall not concern itself with the specifics in the Board's report whether or not discipline or prepared by the Board shall be used in any shall also carry out the following duties: collect data and do an annual report to the City and shall set forth the general types and numbers of complaints, disposition the complaints, the discipline which was imposed, if any, and demographic informat ~. This annual report shall be in a form which protects the confidentiality of parties, yet provides the public with information on the overall performance of Police Department. The Board's annual report shall also include recommended in police practices, policies or procedures. · In addition to/t~e annual report, the Board shall, from time to time, report to the City Council on police/practices, procedures and policies, including recommended changes, if appropri,~. · The B~/~rd shall adopt procedural rules and by-laws governing the Board's activities, and suc~,~rocedural rules and by-laws shall first be approved by the City Council. Limited P,~ers of the Board; Board Composition Generally A. ./L~mited Powers. The Board shall have the following limited powers: /'* On its own motion, the Board may file its own complaint. ,// * In deciding the level of review concerning the Police Chief or City Manager's Report,  the Board shall decide on a simple majority vote. .. Ordinance No. Page 9 ~k ' The Board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney as   provided by Iowa law. "~ The Board has only limited civil/administrative review powers, and has no power or  authority over criminal matters. The Board is not a court of law, and is not intended "~ substitute as a tort claims procedure or as litigation against the City./// B. .Board Cb~position · The Bxoxard shall consist of five (5) members appointed by the City/O'ouncil, who shall be Iow~,ity residents and serve without compensation. The/~,it'y Council .shall strive to appointXE~embers who represent the diversity of the c.,~(nunity. Appointments to the Board sh~l include one peace officer as that te~Yis defined by state law. The City Council re's,,,erves the right to waive the resi/,~cy requirement for good cause . shown. '~ Upon final adoption~n,d publication of th/ordinance, members shall be appointed to staggered terms, with, the terms c~,~fl_encing on Augus!1' 1997' All appointments shall be for a four (4) year ter ~ep fro, t orthe initial appointments which shall be as follows: / - One (1) person p~a in'te~d~.for atwo (2)-year term - One (1)per / '~e~d~or¢ hrete (3)-year term o - Three (3)p.~ons appointed'~r a four (4).year_ter. m Training shallb/~ '1 bl t II Be ~a e o oaralma ~mbers to enable them to perform the duties imposed h ¢ ' I1 tr 'n'~ as tolo~'s public records and open meetings laws./ · If crimi¢ charges are brought or are being co'~tsidered against a particular police off'/ ) th B d' r 'e or investigate'on may proceed with interviewing other fp~td m~~le..cti. . n,% s.a app!~priate. During the PCRB ,,/¢rocess, any. statements give? by .a..n ~ff.i~er w.ho. is .sub~'eCl to criminal investigation / c_anno!.la!er be.used agains. t.t!e_office.r in.a criminal pro.ce~ding, as provided under th F'fth A d tt th U S C~.. itution, unless such constitutional requirement is waived - which is a matter of criminal law outside the purview of the PCRB / process. / · The Board may obtain outside counsel and independent in~_estigators irl, order to carry t t d'h Bd r d~og. ~ity agrees to provide reasonablc;",,budgetary resources for such purposes. · The Board may hold general informational hearings concerning Police Department / ' ~aect~c°easr, dp ~ ~;dh; leds ~; 7r:,~ le ~n~o~c ~;:~ naa~dhseua;'~ ~; aCr~nn~s6 w, i i b e p u b i, c. T h e B o a ,d Ordinance No. Page 10 ~ shall then report the results of such general informational hearings to the City Council, '~,s the Board deems appropriate. VIII, Police Officer's~nd Citizen's Rights Preserved · All rights e~oyed by sworn police officers employed by the City of Iowa City are preserved in this ordina'~e, and nothing herein is intended to waive, diminish or interfere with any such rights protecte~by the union contract, Iowa's Civil Service Commission laws and other · · applicable state ~,d federal laws. All common law right~ enjoyed by citizens and police officers, such as privacy and freedom from defamation, _sh,I],~e protected during this PCRB process, and it shall be the Board's duty to protect said righfi~, · Notw'th~ sta dning the above'Rrovisions, no Board member ?shall be liable to any person for damages or ec~uitable relief'b~eason of any recom,~n/ddation or report made by either a Board member orby the Board its, elf. / IX. Sunset Clause. ~ ~ This ordinance shall be automatically ~ eal~n August 1,2001 unless re-enacted by City Council. /,~ SECTION II. REPEALER. All ordinances and pa/r¢ of or~ances in conflict with the provisions of this Ordinance are hereby repealed. ~ ~_ SECTION Ill. SEVERABILITY. If any secti~/n/'provision or part o~e Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicati/~ shall not affect the validly, of the Ordinance as a whole or any section, provision or part thereof not acJjudged invalid or unconstitution'~ SECTION IV. EFFECTIVE DATE. Ordinance shall be in effect after'its final passage, approval and publication, as provided by law. .,. Passed and approved this __ day of ,1997. MAYOR . ATTEST: CITY CLEf Approved by City City of Iowa City MEMORANDUM To; The Honorable Mayor Naomi Novick and Members of the City Council From: Date: Dennis Mitchell, Assistant City Attorney June 17, 1997 Re: Amendment to PCRB Ordinance After further rev_j_ew of the PCRB ordinance and based upon the discussion last night, the PCRB ordinance should be amended as follows: 1. Amend Section 1, Paragraph 2, subparagraph A to read as follows: Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. 2. Amend Section 1, Paragraph 2, subparagraph C(4) to read as follows: Issue a final Public Report on each complaint to the City Council which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". 3. Amend Section 1, Paragraph 2, subparagraph G to read as follows: A complaint may be filed by any person with personal knowledge of an incident. Personal knowledge means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the Board may file a complaint based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge. Amend Section 1, Paragraph 2, subparagraph H to read as follows: In order to assure that people feel confident in the complaint process, non-police City staff shall be available at a public location other than the police department to receive complaints, although complaints may also be filed at the police department. Formal mediation shall be available to the complainant(s) and the police officer(s) at any time during the process. 2 5. Amend Section 1, Paragraph 2, subparagraph K to read as follows: Investigation of all formal complaints is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such reports to the Board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation ma~y become a public record to be released by the City Attorney to the extent provided by law. 6. Amend Section 1, Paragraph 2, subparagraph N to read as follows: The Board shall have oversight authority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole, and shall report same to the City Council, including any recommended changes. 7. Amend Section 1, Paragraph 3, subparagraph B to read as follows: Any person with "personal knowledge" of the alleged police misconduct may file a complaint with the Board or with the Iowa City Police Department. In order to have "personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the complaint may hereafter be referred to as the "complainant". 8. Amend Section 1, Paragraph 3, subparagraph C to read as follows: All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public, in easily accessible locations, and non-police staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the Board. 9. Amend Section 1, Paragraph 3, subparagraph D to read as follows: All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct. 10. Amend Section 1, Paragraph 3, subparagraph E to read as follows: Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within sixty (60) days of the alleged misconduct may be subject to summary dismissal by the Board. 11. Amend Section 1, Paragraph 3 by deleting subparagraph F. [*Note: A provision regarding adoption of procedural rules and by-laws is already set out in Paragraph 7(C)(4).*] 12. Amend Section 1, Paragraph 4 to read as follows: "Formal Mediation." 13. Amend Section--1, Paragraph 4, subparagraph A to read as follows: Formal mediation shall be the responsibility of the Board, and shall be available to the complainant(s) and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the Board. Upon the filing of a complaint, all complainants shall be informed that formal mediation is available. A complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so, 14. Amend Section 1, Paragraph 5, subparagraph B(1) to read as follows: Prior to investigation of any complaint, the Police Chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding. 15. Amend Section 1, Paragraph 5, subparagraph B(2) to read as follows: Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the police department's investigation and the Board's review. The Police Chief may also notify the complainant that the complainant may meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. 16. Amend Section 1, Paragraph 5, subparagraph B(4) to read as follows: The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews. 4 17. Amend Section 1, Paragraph 6, subparagraph B(3) to read as follows: Recommended remedial actions, if any, including amending current policies or adopting new policies. 18. Amend Section 1, Paragraph 6 by inserting a new subparagraph as subparagraph C to read as follows: The Police Chief's Report to the Board shall not include discipline or personnel matters. The remaining s~'bparagraphs in Section 1, Paragraph 7 shall be re-lettered accordingly. 19. Amend Section 1, Paragraph 7, subparagraph B(2) to read as follows: The Board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Manager's Report. This requires the Board to give deference to the Police Chief's or City Manager's Report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a. the findings are unsupported by substantial evidence; b. the findings are unreasonable, arbitrary or capricious; or c. the findings are contrary to a police department policy or practice, or any federal, state, or local law. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. 20. Amend Section 1, Paragraph 7, subparagraph B(3) to read as follows: At the conclusion of the Board's review, the Board shall issue a Public Report to the City Council concerning the complaint investigation. Such Public Report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". This Public Report shall not include the names of the complainant or the police officers unless the complaint is sustained. In addition, this Public Report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this Public Report to the City Council shall be given to the complainant, the police officer, the Police Chief and the City Manager. 21. Amend Section 1, Paragraph 7, subparagraph B(4) to read as follows: The Board shall not issue a Report which is critical of the sworn police officer's conduct until after a "name-clearing hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to both the police officer and the complainant so that they may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all state and federal rights enjoyed by both the officer and the complainant. The officer may waive the right to this hearing upon written waiver submitted to the Board. 22. Amend Section 1, Paragraph 7, subparagraph B(6) to read as follows: The Board's Report to the City Council shall be completed within thirty (30) calendar days of receipt of the Chief's or City Manager's Report. The City Council may grant requests for extensions to this deadline upon good cause shown. 23. Amend Section 1, Paragraph 7 by deleting subparagraph B(8) and re-numbering the remaining subparagraphs of Paragraph 7 accordingly. [*Note: Paragraph 7, subparagraph B(8) unnecessarily duplicates Paragraph 7, subparagraph B(3).*] 24. Amend Section 1, Paragraph 7, subparagraph C(2) to read as follows: Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The Board's annual report may also include recommended changes in police practices, policies or procedures. 25. Amend Section 1, Paragraph 7, subparagraph C(4) to read as follows: The Board shall adopt procedural rules and by-laws governing the Board's activi- ties, including the receipt and processing of complaints, and such procedural rules and by-laws shall be approved by the City Council. 26. 27. 28. 29. Amend Section 1, Paragraph 8, subparagraph A(1) to read as follows: The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City residents at least eighteen (18) years of age and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council reserves the right to waive the residency requirement for good cause shown. Amend Section.~l, Paragraph 8, subparagraph A(2) to read as follows: Following final adoption and publication of this ordinance, the City Council shall appoint members to the Board for staggered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows: - One (1) person appointed for a two (2)-year term - Two (2) persons appointed for a three (3)-year term - Two (2) persons appointed for a four (4)-year term Amend Section 1, Paragraph 8, subparagraph B(1) to read as follows: On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. Amend Section 1, Paragraph 9, subparagraph C to read as follows: Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a Board member or by the Board itself. CO: Eleanor Dilkes, Acting City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk R. J. Winkelhake, Police Chief Sarah Holecek, Assistant City Attorney Dale Helling, Assistant City Manager