HomeMy WebLinkAbout2004-01-20 OrdinancePrepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ03-00020)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 119.94 ACRES FROM INTERIM DEVELOPMENT
SINGLE-FAMILY, IDRS, AND INTERIM DEVELOPMENT MULTI-FAMILY, IDRM, TO PLANNED
DEVELOPMENT HOUSING OVERLAY - SINGLE-FAMILY RESIDENTIAL, OPDH-5, SUBJECT TO
CONDITIONS, FOR PROPERTY LOCATED SOUTH OF PEPPERWOOD ADDITION AND EAST OF
GILBERT STREET.
WHEREAS, Southgate Development has applied for a rezoning to Planned Development Housing
Oveday - Single-Family Residential, ODPH-5, for 119.94 acres of property located south of Pepperwood
Addition, east of Gilbert Street, in conjunction with an application for a Preliminary Plat and Sensitive Areas
Site Plan of Sandhill Estates, a 379-1ot residential subdivision; and
WHEREAS, the adopted South District Plan states the predominant land use in the part of the city will be
single-family residential, and one of the goals of the Comprehensive Plan is to develop neighborhoods wi(h
smaller lots and more common open space; and
WHEREAS, the proposed Sandhill Estates plan is a single-family residential development with smaller
lots and an approximate 17 acre area of open space; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Preliminary
Plat and has recommended approval subject to cedain conditions related to access, and the appropriate
design and layout of houses on smaller lots in order to maintain a residential appearance in the
neighborhood; and
WHEREAS, Iowa Code Section 414.5 (2003) provides that the City of Iowa City, on granting an
applicant's rezoning request, may impose certain conditions over and above existing regulations in order to
satisfy public needs directly caused by the reasoning request; and
WHEREAS, the South Disthct Plan states that "as housing density increases and lot sizes are reduced,
attention will need to be paid to design issues, such as garage and driveway locations; to ensure that new
neighborhoods are attractive and livable; and
WHEREAS, the Planning and Zoning Commission has recommended a Conditional Zoning Agreement
to ensure the above-reference comprehensive plan policies are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the prepedy described is hereby reclassified from Interim
Development Single-Family, IDRS, and Interim Development Multi-Family, IDRM, to Planned Development
Housing Overlay -Single-Family Residential, OPDH-5:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S88°23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND
GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE
N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A
1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT
CHORD BEARS N61o45'35"W; THENCE N21°01'13"E, 56.59 FEET; THENCE N52°43'16"W,
449.64 FEET; THENCE N71o05'50"W, 158.60 FEET; THENCE N52o43'16"W, 432.68 FEET;
THENCE N25°00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN
ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT
CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET; THENCE N01°41'35"W,
204.14 FEET; THENCE S60o42'05"E, 748.28 FEET; THENCE N17°22'29"E, 242.32 FEET;
THENCE N30o21'43"E, 38.20 FEET; THENCE N60°25'38"W, 322.36 FEET; THENCE
N48°08'37"W, 217.98 FEET; THENCE N23o34'36"W, 254.77 FEET; THENCE N01°50'58"W,
174.62 FEET; THENCE N88o09'02"E, 123.42 FEET; THENCE N03o13'36"E, 40.16 FEET;
Ordinance No,
Page 2
THENCE S88°09'02"W, 369.66 FEET; THENCE N01o41'35"W, 728.02 FEET, TO THE
SOUTHWEST CORNER OF LOT 206 OF PEPPERWOOD ADDITION, PART 11, ACCORDING
TO THE RECORDED PLAT THEREOF; THENCE N88o08'13"E, ALONG THE SOUTHERLY
LINE OF SAID PEPPERWOOD ADDITION - PART 11 AND ALSO ALONG THE SOUTHERLY
LINE OF PEPPERWOOD ADDITIONS - PART 7, PART 3 AND PART 2, A DISTANCE OF
1520.66 FEET TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 22; THENCE N880
07'03"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 2, A
DISTANCE OF 280.60 FEET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 95121
AS RECORDED IN PLAT BOOK 36 AT PAGE 81 IN SAID RECORDER'S RECORDS; THENCE
S01°02'57"E, ALONG THE WEST LINE~ OF SAID AUDITOR'S PARCEL, 1120.00 FEET;
THENCE N87o49'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 945.00 FEET
TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE S01o03'50"E, 586.43
FEET TO THE NORTHWEST CORNER OF LOT 73, SOUTH POINTE ADDITION, PARTS 1-6
AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S RECORDS; THENCE
S01°06'34"E, ALONG THE WEST LINE OF SAID SOUTH POINTE ADDITION, 930.10 FEET, TO
THE SOUTHWEST CORNER OF LOT 39 OF SAID SOUTH POINTE ADDITION; THENCE
S87°45'02"VV, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION
23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING,
CONTAINING 114.70 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S88o23'31"~N ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND
GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE
N52"43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A
1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT
CHORD BEARS N61o45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52o43'16"W,
449.64 FEET; THENCE N71°05'50"W, 158.60 FEET; THENCE N52o43'16"W, 432.68 FEET;
THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN
ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 54.77 FOOT
CHORD BEARS N87o51'31"W; THENCE N60o42'05"VV, 5.34 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUEING N60o42'05"VV, 11.46 FEET; THENCE
NORTHWESTERLY 54.62 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34o37'12"W; THENCE
N52°43'16"W, 305.56 FEET; THENCE N88o18'26"E, 212.43 FEET; THENCE S60o42'05"E, 74.23
FEET; THENCE S01o41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID
TRACT OF LAND CONTAINS 9.70 ACRE, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA;
THENCE S88o23'31"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND
GOVERNMENT LOT 4, ALL IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE
N52°43'16"W, 350.30 FEET; THENCE NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A
1040.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT
CHORD BEARS N61o45'35"W; THENCE N21o01'13"E, 56.59 FEET; THENCE N52o43'16"W,
449.64 FEET; THENCE N71o05'50"VV, 158.60 FEET; THENCE N52o43'16"VV, 432.68 FEET;
THENCE N25o00'58"W, 26.81 FEET; THENCE NORTHWESTERLY 56.88 FEET, ALONG AN
ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 64.77 FOOT
CHORD BEARS N87o51'31"W; THENCE N60o42'05"W, 5.34 FEET; THENCE N01o41'35"W,
204.14 FEET; THENCE S60o42'05"E, 748.28 FEET; THENCE N17o22'29"E, 242.32 FEET;
THENCE N30o21'43"E, 38.20 FEET; THENCE N60o25'38"~N, 322.36 FEET; THENCE
N48°08'37"W, 217.98 FEET; THENCE N23o34'36"W, 254.77 FEET; THENCE N01o50'58"W,
174.62 FEET; THENCE N88o09'02"E, 123.42 FEET; THENCE N03o13'36"E, 40.16 FEET;
THENCE S88o09'02"W, 369.66 FEET, TO THE POINT OF BEGINNING; THENCE
CONTINUEING S88o09'03"W, 68.37 FEET; THENCE N53o41'50"W, 288.80 FEET TO THE
Ordinance No.
Page 3
SOUTHEAST CORNER OF A PLAT OF SURVEY OF A 10.0 ACRE TRACT RECORDED IN
PLAT BOOK 13 AT PAGE 61 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER;
THENCE N02o43'14"W, ALONG THE EAST LINE OF SAID TRACT, 549.60 FEET TO THE
SOUTHWEST CORNER OF LOT 184 OF PEPPERWOOD ADDITION, PART 9, ACCORDING
TO THE RECORDED PLAT THEREOF; THENCE N88o08'13"E, ALONG THE SOUTHERLY
LINE OF SAID PEPPERWOOD ADDITION - PART 9, A DISTANCE OF 305.82 FEET; THENCE
S01°41'35"E, 728.02 FEET, TO THE POINT OF BEGINNING, CONTAINING 4.54 ACRES AND
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. VARIATIONS To encourage the development of smaller lots and larger common open
space, the Sandhill Estate Planned Development contains lots with narrower frontages and smaller lot sizes
than would normally be permitted in the Iow-density single-family zone. With approval of the OPDH-5 zoning
designation and Sandhill Estates preliminary plat, these lots are deemed to be legal conforming lots.
SECTION III ZC)NINC~ MAP The Building Inspector is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval, and
publication of this Ordinance as provided by law.
SECTION IV. CONDITIONAL ?ONIN~ AGREFMFNT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owners and applicant of the Sandhill Estates property requested for
rezoning and subdivision.
SECTION V CERTIFICATION AND RECORDINC~. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance and the Conditional Zoning Agreement and to record same in the Johnson
County Recorder's Office at the applicant's expense upon passage and approval of this Ordinance.
~. Ail ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION VII. SEVERABILI']'y. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or uncanstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudicated invalid or unconstitutional.
SECTION VIII EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page 4
It was moved by and seconded by that the Ordinance as read be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
__ Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
First Consideration
Vote for passage:
Second Consideration Vote for passage:
Date published
Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00020)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), and SG & M Properties, LLC, (hereinafter "Owner") and Southgate Development (hereinafter
"Applicant"); and
WHEREAS, Owner is the legal title holder of approximately 119.94 acres of property located south of
Pepperwood Addition and east of Gilbert Street; and
WHEREAS, the Applicant and Owner have requested the rezoning of the approximately 119.94-acre
property from Interim Development Single Family, IDRS, and Interim Development Multifamily (IDRM) to
Planned Development Housing-Single Family Residential, OPDH-5, in conjunction with the Preliminary
Plat and Sensitive Areas Site Plan of Sandhill Estates, a 379-1ot single family subdivision; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions
regarding access, the design of structures on narrow lots with alley access, and the size and placement
of garages on lots less than 60 feet wide without alley access, the proposed rezoning is in conformance
with the South District Plan, which is part of the Comprehensive Plan; and
WHEREAS, the South District Plan states that "as housing density increases and lot sizes are
reduced, attention will need to be paid to design issues, such as garage and driveway location, to assure
that the new neighborhoods are attractive and livable"; and
WHEREAS, Iowa Code § 414.5 (2003) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is in general accordance with the principles of the
South District Plan and Comprehensive Plan; and
WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. SG & M Properties is the owner and title holder and Southgate Development is the applicant for a
rezoning of the property legally described as follows:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL
IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16"W, 350.30 FEET; THENCE
NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35"W; THENCE
N21°01'13"E, 56.59 FEET; THENCE N52°43'16"VV, 449.64 FEET; THENCE N71°05'50"W, 158.60
FEET; THENCE N52°43'16"W, 432.68 FEET; THENCE N25°00'58"W, 26.81 FEET; THENCE
NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"W; THENCE N60°42'05"W,
5.34 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING N60°42'05"W, 11.46 FEET;
THENCE NORTHWESTERLY 54.62 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, WHOSE 52.76 FOOT CHORD BEARS N34°37'12"W; THENCE N52°
43'16"W, 305.56 FEET; THENCE N88°lS'26"E, 212.43 FEET; THENCE S60°42'05"E, 74.23 FEET;
THENCE S01°41'35"E, 204.14 FEET, TO THE SAID POINT OF BEGINNING. SAID TRACT OF LAND
CONTAINS 0.70 ACRE, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S88°23'31"W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL
IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'I6"VV, 350.30 FEET; THENCE
NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 326.77 FOOT CHORD BEARS N61°45'35"W; THENCE N21
°01'13"E, 56.59 FEET; THENCE N52°43'16"VV, 449.64 FEET; THENCE N71°05'50"VV, 158.60 FEET;
THENCE N52°43'16"W, 432.68 FEET; THENCE N25°00'58"VV, 26.81 FEET; THENCE
NORTHWESTERLY 56,88 FEET, ALONG AN ARC OF A 60.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"W; THENCE N60°42'05"W,
5.34 FEET; THENCE N01°41'35"W, 204.14 FEET; THENCE S60°42'05"E, 748.28 FEET; THENCE N17
°22'29"E, 242.32 FEET; THENCE N30°21'43"E, 38.20 FEET; THENCE N60°25'38"W, 322.36 FEET;
THENCE N48°08'37"VV, 217.98 FEET; THENCE N23°34'36"W, 254.77 FEET; THENCE N01°50'58"W,
174.62 FEET; THENCE N88°09'02"E, 123.42 FEET; THENCE N03°13'36"E, 40.16 FEET; THENCE
S88°09'02"W, 369.66 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUEING S88°09'03"W,
68.37 FEET; THENCE N53°41'50"W, 288.80 FEET TO THE SOUTHEAST CORNER OF A PLAT OF
SURVEY OF A 10.0 ACRE TRACT RECORDED IN PLAT BOOK 13 AT PAGE 61 IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER; THENCE N02°43'14"W, ALONG THE EAST LINE OF
SAID TRACT, 549.60 FEET TO THE SOUTHWEST CORNER OF LOT 184 OF PEPPERWOOD
ADDITION, PART 9, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N88°08'13"E,
ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD ADDITION - PART 9, A DISTANCE OF
305.82 FEET; THENCE S01°41'35"E, 728.02 FEET, TO THE POINT OF BEGINNING, CONTAINING
4.54 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6
WEST OF THE 5TH P.M., CITY OF IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S8823'31"W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER AND GOVERNMENT LOT 4, ALL
IN SAID SECTION 22, A DISTANCE OF 36.53 FEET; THENCE N52°43'16"W, 350.30 FEET; THENCE
NORTHWESTERLY 328.12 FEET, ALONG AN ARC OF A 1040.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY, WHOSE 326,77 FOOT CHORD BEARS N61°45'35"VV; THENCE N21
°01'13"E, 56,59 FEET; THENCE N52~'43'16"VV, 449.64 FEET; THENCE N71°05'50"W, 158.60 FEET;
THENCE N52°43'16"W, 432,68 FEET; THENCE N25°00'58"W, 26,81 FEET; THENCE
NORTHWESTERLY 56.88 FEET, ALONG AN ARC OF A 60,00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 54.77 FOOT CHORD BEARS N87°51'31"W; THENCE N60°42'05"VV,
5.34 FEET; THENCE N01°41'35"W, 204,14 FEET; THENCE S60°42'05"E, 748.28 FEET; THENCE N17
°22'29"E, 242.32 FEET; THENCE N30°21'43"E, 38.20 FEET; THENCE N60°25'38"W, 322.36 FEET;
THENCE N48°08'37"VV, 217.98 FEET; THENCE N23°34'36"W, 254,77 FEET; THENCE N01°50'58"VV,
174.62 FEET; THENCE N88°09'02"E, 123.42 FEET; THENCE N03°13'36"E, 40.16 FEET; THENCE
S88°09'02"W, 369.66 FEET; THENCE N01°41'35"W, 728.02 FEET, TO THE SOUTHWEST CORNER
OF LOT 206 OF PEPPERWOOD ADDITION, PART 11, ACCORDING TO THE RECORDED PLAT
THEREOF; THENCE N88°08'I3"E, ALONG THE SOUTHERLY LINE OF SAID PEPPERWOOD
ADDITION - PART 11 AND ALSO ALONG THE SOUTHERLY LINE OF PEPPERWOOD ADDITIONS -
PART 7, PART 3 AND PART 2, A DISTANCE OF 1520.66 FEET TO THE EAST ONE-QUARTER
CORNER OF SAiD SECTION 22; THENCE N88°07'03"E, ALONG THE SOUTHERLY LINE OF SAID
PEPPERWOOD ADDITION - PART 2, A DISTANCE OF 280.60 FEET TO THE NORTHWEST
CORNER OF AUDITOR'S PARCEL 95121 AS RECORDED IN PLAT BOOK 36 AT PAGE 81 IN SAID
RECORDER'S RECORDS; THENCE S01°02'57"E, ALONG THE WEST LINE OF SAID AUDITOR'S
PARCEL, 1120.00 FEET; THENCE N87°49'06"E, ALONG THE SOUTH LINE OF SAID AUDITOR'S
PARCEL, 945.00 FEET TO THE SOUTHEAST CORNER OF SAID AUDITOR'S PARCEL; THENCE
S01°03'50"E, 586.43 FEET TO THE NORTHWEST CORNER OF LOT 73, SOUTH POINTE
ADDITION, PARTS 1-6 AS RECORDED IN PLAT BOOK 33 AT PAGE 312 IN SAID RECORDER'S
RECORDS; THENCE S01°06'34"E, ALONG THE WEST LINE OF SAID SOUTH POINTE ADDITION,
930.10 FEET, TO THE SOUTHWEST CORNER OF LOT 30 OF SAID SOUTH POINTE ADDITION;
THENCE S87°45'02"W, ALONG THE SOUTH LINE OF THE SOUTHEAST ONE~QUARTER OF
SECTION 23 OF SAID TOWNSHIP AND RANGE, 1243.31 FEET TO THE POINT OF BEGINNING,
CONTAINING 114.70 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that generally conforms to the principles of the Comprehensive Plan and South District
Plan. Further, the parties acknowledge that Iowa Code § 414.5 (2003) provides that the City of Iowa
City may impose reasonable conditions on granting an applicant's rezoning request, over and above
the existing regulations, in order to satisfy public needs caused by the requested change, including
provisions for adequate infrastructure necessary to support urban development. Therefore, Owner
and Applicant agree to certain conditions over and above City regulations as detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that
development of the subject property will conform to all other requirements of the zoning chapter, as
well as the following conditions:
A. A separate left-turn lane on Gilbert Street for southbound to eastbound traffic must be
constructed before more than 25 units are constructed. This can be added to the existing
roadway as a temporary feature, or can be constructed as part of the permanent improvements
including a four-lane PCC roadway with left-turn lane.
B. For lots less than 60 feet of lot width, the following shall apply:
i. The length of any garage wall that faces a street may not exceed 50% of the length of the
street-facing building fa(;ade, as measured along the same street frontage. On corner lots,
only one street-facing garage wall must meet this standard. This percentage may increase to
60% if the garage is set back at least 6 feet behind the longest street-facing wall of the
dwelling unit.
ii. A street-facing garage door must be located no closer to the front lot line than the longest
street-facing wall of the dwelling, with the following exception. A street-facing garage door
may be located up to six feet in front of the longest street-facing wall of a dwelling unit, if the
following conditions are met:
a. There is a porch at the main entrance of the dwelling along the same street-facing
wall of the dwelling as the garage door;
b. The garage door is located no closer to the front lot line than the front of the porch;
c. The porch is at least 48 square feet in area, with no dimension less than 6 feet;
d. The porch has a solid roof, the eave of which is not more than 10 feet above the floor
of the porch.
C. Vehicular access to lots 161-204, 304-330 shall be from the alley.
C. The design of the homes on lots 161-204, 304-330 shall be subject to Planning and Zoning
Commission approval, along with the final plat, according to the following criteria:
i. A variety of fac,.ades and variation on rooflines, such as the use of gable and hip roofs, to
minimize a "cookie cutter" appearance and a different fa(;ade at least every third unit is
required.
ii. The sidewalls of lots 161, 177, 178, 190, 191,204, 304, 316, 317, and 330 that face the
street, should include elements of the front fa(;ade.
iii. Front porches that are at least six feet in depth shall be included.
iv. Slightly staggered footprints, also to avoid a monotonous appearance are required.
v. Ten feet between buildings to meet normal setback requirements between buildings is
required, and to allow for eaves er overhands at the side of buildings.
vi. Planning and Zoning Commission review of the building elevations and footprints as a
condition of approval of the final plat is required.
4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2003), and that said conditions satisfy
public needs that are caused by the requested zoning change.
5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a
covenant running with the land and with the title to this land, and shall remain in full force and effect
as a covenant with title to the land, unless or until released of record by the City of Iowa City.
The Parties further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the Parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to
relieve the Owner or Applicant from complying with all applicable local, state, and federal regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into
the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance,
this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's
expense.
Dated this day of ,2004.
SG & M PROPERTIES CITY OF IOWA CITY
By: By:
Ernest Lehman, Mayor
SOUTHGATE DEVELOPMENT
By:
Attest:
Marian K. Karr, City Clerk
Approved by:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared
, to me known to be the identical person(s) named in and who executed the within
and foregoing instrument, and acknowledged that {he/she/they) executed the same as {his/her/their)
voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared
, to me known to be the identical person(s) named in and who executed the within
and foregoing instrument, and acknowledged that (he/she/they) executed the same as (his/her/their)
voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is
the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said
municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers
acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agt/CZA-REZo3-ooo20.doc
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ03-00024)
ORDINANCE NO.
AN ORDINANCE REZONING 16.1 ACRES FROM RESIDENTIAL FACTORY BUILT HOUSING
RESIDENTIAL (RFBH) TO PLANNED DEVELOPMENT HOUSING OVERLAY 12 (OPDH-12)
AND AN OPDH PLAN FOR PROPERTY LOCATED ON HEINZ ROAD.
WHEREAS, the property owner, The Paddock LLC, has requested a rezoning to allow the
development of a mix of multi-family townhouse-style and duplex dwellings; and
WHEREAS, the Planning and Zoning Commission has found that the proposed High Density
Single-Family (RS-12) zoning with a Planned Development Overlay (OPDH-12), provides a transition
between the existing Residential Factory-Built Housing (RFBH) and Medium Density Multi-family (RM-
20) zone in the area; and
WHEREAS, the Planning and Zoning Commission found the proposed RS-12 zoning and OPDH
plan to be in conformance with the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
preliminary OPDH plan, including variations from the underlying RS-12 zoning to allow a mix of multi-
family, townhouse-style and duplex dwellings; and
WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and
Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from its current
classification of RFBH to OPDH-12 and the associated preliminary planned development plan is hereby
approved:
Lot 7 and Lot 8 and portion of Lot 4 and Lot 6 of Saddlebrook Addition Part 2 to the City of Iowa City
as recorded in Plat Book 42 - Pages 246 & 247 lying in the W 1/2 NE 1/4 Section 25, T. 79 N., R. 6
W., of the 5th P.M., Johnson County, Iowa, described as follows:
+
Beg!nning at the northeast corner of said Lot 7; thence S00°02'21"E - 1038.77 feet; thence
S67°52'28'~V - 315.94 feet; thence westerly 378.07 feet along a 960.00 foot radius curve concave
northerly with a central angle of 22033'53'' and a chord of S79°02'46"W - 375.64 feet; thence
N19°40'31"E - 36.65 feet; thence N00°59'52"W - 93.52 feet; thence N06°31'36"W - 49.83 feet;
thence N07°47'00"E - 546.33 feet; thence N10°21'31"E - 67.35 feet; thence northerly 83.25 feet
along a 150.00 foot radius curve concave westerly with a central angle of 31047'54'' and a chord
of N04°15'20'~A/- 82.18 feet; thence N20°09'17"W - 55.60 feet; thence northeasterly 141.71 feet
along a 114.00 foot radius curve concave northwesterly with a central angle of 71°13'21" and a
chord of N32°57'36"E - 132.76 feet; thence N03°20'32"W - 193.70 feet; thence northwesterly
197.75 feet along a 300.00 foot radius curve concave southwesterly with a central angle of
37°46'03'' and a chord of N22°13'43"W - 194.19 feet; thence N40°14'52"E - 159.04 feet; thence
N68°25'23"E - 241.00 feet; thence S20°31'09"E - 47.01 feet; thence S22°26'14"E - 89.62 feet;
thence S20°31'09"E - 75.79 feet; thence southerly 168.42 feet along a 470.00 foot radius curve
concave westerly with a central angle of 20°31'53'' and a chord of S10°15'12"E - 167.52 feet;
thence S00°00'45'~/V - 22.34 feet; thence N89°57'39"E - 173.42 feet to the Point of Beginning.
Said Parcel contains 16.41 acres.
SECTION II. VARIATIONS. A.)The RS-12 requirement that townhouses be located on individual
lots is hereby waived to allow the clustering of up to 8 townhouse-style dwelling units on lot 4. B.) The RS-
12 requirement that duplexes are limited to one building per lot is hereby waived to allow 9 duplex
buildings on Lot 4, 8 duplex buildings on Lot 6, 5 duplex buildings on Lot 7 and 5 duplex buildings on Lot
8. C.) The RS-12 prohibition of multi-family buildings is hereby waived to allow 2 8-plex buildings on Lot
4.
Ordinance No.
Page 2
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
City Attorney's Office
ppdadm~ord/saddlebrookpt2, doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 1/6/04
Voteforpassage:AYES: Champion, E]]iott, Lehman, Vanderhoef, Wi]burn, Bailey.
NAYS: O'Donnell. ABSENT: None.
Second Consideration 1/20/04
Voteforpassage: AYES: Champion, Flliott, Lehman, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Date published
Marian Karr
From: Debbobwes@aol.com
Sent: Tuesday, January 13, 2004 8:17 AM
To: cou ncil@iowa-city.org
Subject: Rezoning on Heinz Rd at Saddlebrook
Dear Council,
I would like to protest the rezoning on Heinz Rd at Saddlebrook here in Iowa City.
My husband and I bought a manufactured home on Paddock Circle in November, 2002. We came
from the Swisher country side with the understanding that if we bought our home now, we would be
put on a list for a lot to be bought around the "pond" in a few years when the development
progressed.
Now if there is rezoning on Heinz for multiple unit dwellings, it sounds like no more homes will be
built, the future "pond" will not exist for home owners, and the value of my current property will
certainly not even remain at the current value but sink measureably. Our "retirement
coummunity" (as advertised when we bought) will become a renters haven packed with "parking
lots". WHAT A DISAPPOINTMENT. And even after we bought into Mr.. Gordon's idea of a 999 year
lease (huge amount of money) on our little piece of heaven.
My neighbors and I in Paddock are trying hard to become a community of caring and giving people,
backing the idea of a "retirement community", helping one another and promoting Saddlebrook as a
good investment. Now I ask myself, why? And don't give me the excuse that the houses just weren't
selling. Since the management has completely left the site, how much effort can still be put forth on
selling homes when ali he can see is large, multiple dwelling structures, cars and more cars, and
parking lots.
Before any rezoning is done, lets see some real effort on selling the homes and the original idea of a
caring community with fishing ponds, green spaces, walking/biking trails, club house for community
gatherings and meetings, and on-site management, and a completely paved road tike promised, and
NO-Rental homes!
Sincerely,
Bob and Debbie Westcott
Home Owners on Paddock Circle
l/13/04
January 10, 2004
To Members of the Iowa City City Council,
After the Council meeting of Jan. 6th, the disappointment experienced by the residents of The
Paddock of Saddlebrook was deeply felt. We would like the council to consider postponing a
final reading and decision on re-zonong 6.1 acres from residential factory built housing (RFBH)
to Planned Development Housing Overlay Plan. We would like council members to visit our
neighborhood to familarize themselves of the impact these 78 units of high density housing will
have on our quiet little community. The additional automobile traffic alone will be tremendous.
The Townhouses and Condos being constructed at the present will add more than 300 cars to the
already existing apartments 100 plus and FRBH of approximately 300 cars. The rezoning could
add 100 plus meaning 800 plus cars using a one-way in, one-way out street onto busy highway 6
where traffic is controlled by only a stop sign.
We know if this re-zoning is given council approval the remaining property will also be
requested for re-zoning If this happens our attractive single-family dwellings will become the
"tenement" of S.E. Iowa City. Our homes will lose value and become impossible to sell without
experiencing a tremendous loss. The average value of homes plus property on a 990 years lease
is $132,000.
AM Management has been less than forth-right in their business venture and continue
advertising "Resort Living" as they begin to develop the Whispering Meadow/Prairie area to the
west of the Paddock.
We are aware of restrictions governing the public meetings but perhaps the personal visits could
be arranged to comply with the law. Come see some of our lovely homes.
This is not how we retired people were planning on spending retirement years, worrying about
how we can afford the responsibility of an association. AM Management refers to the Paddock
as an association and we are NOT. We are just individual home owners.wanting and enjoying
neighbors and becoming a close knit community.
Please consider our request of denying approval of this re-zoning.
We feel very strongly that small neighborhoods are a definite asset to enjoyable living in the
Iowa City area.
Respectfully,
Irene Klinzman ~V ~ co ~
7d
Marian Karr
From: Tracey Schmidt [traceyschmidt@hotmail.com]
Sent: Tuesday, January 13, 2004 2:16 PM
To: cou ncil@iowa-city.org
To: Iowa City City Council
From: Tracey Schmidt, 242 Hackney Court, Iowa City
Re: Saddlebrook Zoning
I am writing as a resident of Iowa City living in Saddlebrook. I have
some
concerns regarding the rezoning of Saddlebrook. When I purchased out in
Saddlebrook three years ago the area was marketed as a neighborhood with
higher end manufactured homes in a quiet country setting. I am a
divorced
mother of three and purchased in Saddlebrook because it was a tidy,
safe,
quiet environment to raise my family. I feel with new layout that those
of
us that have invested our money, time and heart into this ideal will get
nothing of the sort. With more dense housing, this will bring more
traffic
and take away from what we have currently. This new look of the
proposed
housing will also decrease our property value, making the manufactured
homes
look small, flat and cheap. It is almost impossible to sell property
out
her right now, we do not need to make it worst. We have been told that
there is a good possibility that this type of more dense housing will be
the phase to the south of the manufactured homes, blocking in the
manufactured homes on all sides. I feel like we have a responsibility
to
maintain what we have and take care of those who exist currently. I
hope
you support us in this endeavor.
High-speed users be more efficient online with the new MSN Premium
Internet
Software. http://join.msn.com/?pgmarket eh-us&page byoa/prem&ST=l
January 15, 2004
City Council Iowa City Iowa
410 E. Washington Street
Iowa City, Iowa 52240
Council Members
This letter is to express my opposition to the proposed change
in zoning for the second phase of the Paddock at Saddlebrook
development, from the present manufactured housing to multifamily
dwellings.
I feel this will create the following.
1. A lower value to existing dwellings located in this development
2. Increase traffic levels to this quiet neighborhood
3. Loss of potential growth in thJ~ manufactured housing community
4. Misrepensention of what the community was to be like, when we
purchased our home.
We would appreciate your consideration to oppose this change in
zoning of this peaceful e~viro~ent.
Sincerely
Thomas R. Stillwagon
209 Dressage Ct.
Iowa City, Iowa 52240
Prepared by: John Yapp, PCD, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 3'19-356-5247 (REZ03-00027)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL,
CH1, TO SENSITIVE AREAS OVERLAY, SAO/CH1, FOR PROPERTY LOCATED WEST OF MORMON
TREK BOULEVARD AND SOUTH OF HIGHWAY 1.
WHEREAS, James R. Davis has applied for a preliminary plat of J JR Davis Addition, an approximate
26.98 acre, 8-lot commercial subdivision located west of Mormon Trek Boulevard and south of Highway 1;
and
WHEREAS, because wetlands exist on the property and the property owner has proposed disturbing
the wetlands, a Sensitive Areas Overlay rezoning is required; and
WHEREAS, the applicant has submitted a Compensatory Mitigation Plan which proposes replacing the
wetlands proposed to be disturbed with created wetlands at a ratio greater than 1:1; and
WHEREAS, the applicant has proposed to reduce the required buffers around the wetlands and to take
advantage of the buffer averaging provisions, as is permitted, in the Sensitive Areas Ordinance; and
WHEREAS, the Compensatory Mitigation Plan has also been submitted to the United States Army
Corps of Engineers in order to obtain appropriate federal permits related to disturbing wetlands; and
WHEREAS, the Planning and Zoning Commission has reviewed the Sensitive Areas Development
Plan, Compensatory Mitigation Plan and proposed wetland buffer averaging and reductions, and has
recommended approval, subject to United States Army Corps of Engineers' approval of the Compensatory
Mitigation Plan. ·
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL: The property described below is hereby reclassified from its current
designation of Highway Commercial, CH1, to Sensitive Areas Overlay, OSNCH1, and the associated
Sensitive Areas Development Plan and Compensatory Mitigation Plan are hereby approved:
Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence S89°55'42"W, along the North Line of the Southeast Quarter of
said Section 20, a distance of 1008.23 feet to the POINT OF BEGINNING; Thence Southeasterly,
24.28 feet, along a 450.00 foot radius curve concave Northeasterly, whose 24.28 foot chord
bears S17°53'32"E; Thence Southeasterly, 1575.96 feet, along a 1850.00 foot radius curve,
concave Northeasterly, whose 1528.74 foot chord bears S40°45'03"E; Thence S00°08'54"W,
43.34 feet; Thence S89°'58'36"W, 1360.64 feet, to a Point on the Easterly Right-of-Way Line of
Primary Road No.518; Thence Nll°39'22"W, along said Right-of-Way Line 367.90 feet; Thence
N41°27'40"W, along said Right-of-Way Line, 157.58 feet; Thence N11°27'40"W, along said Line,
556.10 feet, to its intersection with the Southerly Right-of-Way Line of Iowa Highway Number 1;
Thence N34%4'32"E, along said Right-of-Way Line, 245.30 feet; Thence N40°02'41"E, along said
Right-of-Way line, 181.03 feet; Thence N31°21'09"E, along said Right-of-Way line, 140.66 feet;
Thence N47°08'12"E, along said Right-of-Way line, 54.15 feet; Thence S49°45'28"E, 210.60 feet;
Thence S02°33'29"W, 3.66 feet; Thence Southeasterly, 75.58 feet, along a 940.00 foot radius
curve, concave Southwesterly, whose 75.56 foot chord bears S45°'52'07"E; Thence S20°27'03"E,
31.29 feet; Thence S33°39'47"W, 88.67 feet, to the Point of Beginning. Said Tract of land
contains 26.98 acres, more or less, and is subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and
directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon
the final passage, approval and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDINg. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, along with
the approved Sensitive Areas Development Plan, at the office of the County Recorder of Johnson County,
Iowa, at the owner's expense, all as provided by law.
Ordinance No.
Page 2
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
A'I-I'EST:
CITY CLERK
ppdadmin/ord/rezO3-OOO27.doc
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration !/6/04
Voteforpassage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, t~ilburn,Baile~,.
NAYS: None. ABSENT: None.
Second Consideration 1/20/04
Voteforpassage:AYES: Elliott, Lehman, O'Donnell, Vanderhoef, t~ilburn,
Bai]ey, Champion. NAYS: None. ABSENT: None.
Date published
G R 0 U P
January 19, 2004
The Honorable Mayor Emie Lehraan
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Dear Mayor Lehman and Council Members:
The Iowa City Area Development Group, Inc. would like to state our continued support
of the Iowa City Area Chamber of Commerce's role in public sector development,
particularly as it pertains to the City of Iowa City's Storm Sewer Fee Assessment
discussions.
In October 2001, the Iowa City Area Development Group and the Iowa City Area
Chamber of Commerce signed a memorandum of understanding defining the two
organizations working relationship regarding the performance of key areas of economic
development. This memorandum specifically states that the Chamber is responsible for
economic development policy advocacy at the local, state and federal levels.
In the interest of strengthening local government policy to meet the needs of business,
industry and its citizenry, we strongly encourage the City of Iowa City to work in
partnership with the Iowa City Area Chamber of Commerce to determine an equitable
sewer management fee structure for commercial and industrial property owners. The
recent cooperation evident in this process provides a very positive base from which to
address future business and community issues, and both the City and Chamber must be
commended.
Please feel free to contact me should you have additional questions regarding ICAD
Group's position on this matter.
Sincerely,
"-Jo~Ras o ~ ?,r,~ side nt
Iowa-'EStSc~.~ Development Group, Inc.
Cc: Pat Guard
Charlie Funk
IOWA CITY AREA DEVELOPMENT GROUP, INC.
325 E. Washington * Suite 100 ,, PO Box 2567
Iowa City, Iowa 52244-2567
(319) 354-3939 · Fax (319) 338-9958
REVISED
Prepared by: Brian Boelk, Public Works, 410 E. Washington Street, Iowa City, iA 52240; 319-356-5141
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES"; AMENDING TITLE '14
ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS," SECTION '14-3A-2, "DEFINITIONS," AND SECTION 14-3A-4, "RATES AND
CHARGES FOR CITY UTILITIES" AND; AMENDING TITLE '14 ENTITLED "UNIFIED DEVELOPMENT
CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE
AND RUNOFF," TO CREATE A STORMWATER UTILITY AND ESTABLISH A STORMWATER UTILITY
FEE.
WHEREAS, the City of Iowa City, since its incorporation, has constructed a stormwater infrastructure
with point source and non-point source discharges into the Iowa River and the six major creeks; and
WHEREAS, the City stormwater infrastructure carries stormwater runoff either directly or indirectly from
properties within the City to the Iowa River; and
WHEREAS, the Iowa River, the major creeks, and the City's stormwater infrastructure are available for
stormwater and ground water discharges; and
WHEREAS, the City incurs costs to monitor, maintain, replace, and improve its stormwater
infrastructure; and
WHEREAS, the City is now required to have a national pollutant discharge elimination system (NPDES)
permit to operate and maintain its stormwatar infrastructure and to otherwise protect the waters of the Iowa
River and the six major creeks; and
WHEREAS, the City has identified an ongoing need to fund water quality improvements in streams,
creeks, and ditches within the city as well as the need to fund improvements for maintaining and improving
water quality and to mitigate and prevent flooding from stormwater runoff into City-owned storm sewers; and
WHEREAS, current and pending Federal and State regulations require the City to take additional
affirmative steps in such areas as public education, public improvements, detection of illicit discharge in
stormwater systems, construction of site runoff control, stormwater management, and pollution prevention
programs to address water quality issues and flood control, which additional activities will create additional
funding 0obligations for such mandated services; and
WHEREAS, pursuant to Chapter 388, Code of Iowa (2001), the City is authorized to establish City utilities
including a stormwater drainage system utility; and
WHEREAS, the City now desires through this ordinanca to create a stormwater drainage system utility
and establish authority to implement and enforce user fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
.gFC:.TIC]N I AMFNDMFNT. Title 3, Chapter 4, entitled "Schedule of Fees, Rates, CharGes, Bonds,
Fines, and Penalties" is hereby amended by:
a. Renumbering Section 3-4-8 to Section 3-4-9.
b. RenumberinG Section 3-4-7 to Section 3-4-8.
c. RenumbednG Section 3"4~ to Section 3-4-7.
d. Adding a new Section 3-4~6 as follows:
3-4-6: STORM WATER UTILITY FEE
Description of Fees, Charge, Bond Fine or Penalty:
Stormwater Utility fee. Users include all users owninG or occupying developed property in the city
of Iowa City.
Amount of Fee, Charge, Bond, Fine, or Penalty:
One Equivalent Residential Unit (ERU) = $2.00
~FCTION II AMFNDMFNT. Title 14, Chapter 3, AAicle A, entitled "General Provisions" of the City Code
is hereby amended by:
a. RepealinG the Subsection entitled "City Utilities, City Utility Services" in Section 14-3A-2 and
substituting the following in lieu thereof:
Cily. Utilities: Ci~. Utility .g~.rvic~..m The providinG of water, wastewater, stormwater drainage, and/or
solid waste services to persons who are obligated to pay for said services.
Ordinance No.
Page 2
b. Adding a subsection entitled "Stormwater Drainage" in Section 14-3A-2 as follows:
~: Stormwater, ground water, and spent water discharged to the City's
stormwater infrastructure.
c. Repealing Subsection 14-3A-4(A)(2) and substituting the following in lieu thereof:
2. All contributors or users owning or occupying property in the city of Iowa City shall be charged for
the service used. In addition, a fee shall be charged to all account holders for operation, maintenance, and
improvements to the City's stormwater infrastructure utility. The City shall review the user charge system and
revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the
costs of operation and maintenance, necessary expansion and debt service, and that the system continues
to provide for the uniform distribution of operation and maintenance among all users. The City will annual
notify all users, in conjunction with a regular bill, of the wastewater treatment charges and that portion of the
user's bill attributable to wastewater treatment services. Such rates and charges shall be in the amounts set
forth in the schedule of fees, Title 3, Chapter 4 of this Code.
~ That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of
Iowa City, Iowa is hereby amended by adding the following Section 14-3G-10, entitled "Stormwater Utility and
Stormwater Utility Fee":
14-3G-10 STORMWATER UTILITY & STORMWATER UTILITY FEE
A. Purpn.~e, It is determined and declared to be necessary and to lead or contribute to a result conducive to
the protection of the public health, safety, welfare, and compliance with federal regulation, that a
stormwater management utility district be established within the city. It is further determined and
declared to be necessary and conducive to the protection of the public health, welfare, and safety of the
city and its residents that charges be levied upon and collected from the owners or occupants of all
developed lots, parcels or real estate, and buildings that discharge stormwater or surface or subsurface
waters, directly or indirecfiy, to the city stormwater drainage system, and that the proceeds of such
charges so derived be used for the purposes of management of storm water runoff quantity and quality,
construction, operation, maintenance, repair, replacement and debt service for construction of the
stormwater drainage, flood protection and stormwater quality improvements comprising the stormwater
utility.
B. D~,~3JJ~. As used in this Section, the following definitions shall apply:
City: City of Iowa City
Developed Property: Property upon which a structure or impervious surface has been placed or
constructed, thus increasing the amount of rainwater or surface water runoff.
Director: The Public Works Director or designee.
Drainage Course: A shallow narrow grassed or paved ovedand route, either natural or constructed,
over which water passes.
Dwelling Unit: A singular unit or apartment providing complete, independent living facilities for one or
more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Equivalent Residential Unit (ERU): The average impervious area of a single family residential property
located within the city as periodically determined and established as provided in this Section.
ERU Rate: The dollar value periodically determined and assigned to each ERU as a charge for
stormwater management services, and expressed as SX.XX per ERU.
Exempt Property: Public streets, alleys and sidewalks; all University of Iowa properties; all undeveloped
properties.
Ground Water: Water beneath the surface of the earth which is not bound to soil particles.
Impervious Area: The number of square feet of hard-surfaced areas which either prevent or resist the
entry of water into soil mantle, as it entered under natural conditions as undeveloped property, and/or
cause water to run off the surface in greater quantities or at an increased rate of flow from that present
under natural conditions as undeveloped property, including but not limited to roofs, roof extensions,
patios, porches, driveways, sidewalks, pavement, athletic courts, and semi-impervious surfaces such as
gravel which are used as driveways or parking lots.
Multi-family Residential Property: Residential structures designed with two or more dwelling units to
accommodate two or more families or groups of individuals living separately and not sharing the same
living space.
Non-Point Source Discharge: Water discharged from the earth's surface to a drainage course or water
course.
Non-residential Property: Any developed lot not exclusively residential, including but not limited to,
transient rentals, commercial, institutional, churches, hospitals, governmental properties and parking lots,
Ordinance No.
Page 3
and multi-use properties incorporating residential uses.
Point Source Discharge: Water discharged to the earth's surface through a pipe, conduit, tube, duct,
channel or pumping facility.
Single-Family Residential Property: A detached residential structure designed as a single dwelling unit
to accommodate one family or group of individuals living together and sharing the same living space, but
excluding multi-use properties which include single-family residential uses.
Stormwater Drainage System District: The area served by the stormwater utility.
Stormwater infrastructure: The entire constructed and natural stormwater and ground water drainage
system within the City limits of Iowa City.
Storrnwater Management: The tasks required to control stormwater runoffto protect the health, safety,
and welfare of the public, and comply with state and federal regulations. It includes but is not limited to
street sweeping, erosion control, stormwater basin improvements and maintenance, culvert and storm
sewer maintenance, stormwater management planning and related public education.
Stormwater Utility: The utility established under this Section for the purpose of managing stormwater
and imposing charges for the recovery of costs connected with such stormwater management.
Surface Water: Stormwater, ground water, and spent water received by the earth's surface.
Undeveloped Property: A parcel that has no impervious area.
User: The owner and/or occupant of any developed property within the limits of Iowa City.
Water Course: A natural overland route through which water passes, including drainage courses,
streams, creeks, and rivers.
C. ~. The entire City is hereby organized into one stormwater utility district.
D. Powem and Dutie,s. The City shall have the following powers, duties, and responsibilities with respect to
the Stormwater Utility:
1. Prepare ordinances as needed to implement this division and forward the ordinances to the City
Council for consideration and adoption, and adopt such regulations and procedures as are required
to implement this division and carry out its duties and responsibilities.
2. Administer the design, construction, maintenance and operation of the utility system, including capital
improvements designated in the comprehensive drainage plan.
3. Acquire, construct, lease, own, operate, maintain, extend, expand, replace, clean, dredge, repair,
conduct, manage, and finance such facilities, operations, and activities, as are deemed by the City to
be proper and reasonably necessary for a system of storm and surface water management. These
facilities may include, but are not limited to, surface and underground drainage facilities, storm
sewers, watercourses, ponds, ditches, and such other facilities relating to collection, runoff, and
retention as will support a stormwater management system, whether such facilities are owned and
operated directly by the City or are provided under statutory or contractual provisions and furnishings
of which facilities create or impose a cost or charge upon the City for the service afforded by such
facilities.
4. The City shall separately account for the stormwater utility finances. The stormwater utility shall
prepare an annual budget, which is to include all operation and maintenance costs, costs of
borrowing, and other costs related to the operation of the stormwater utility. The budget is subject to
approval by the City Council. Any excess of revenues over expenditures in a year shall be retained
in a segregated fund, which shall be used for stormwater utility expenses in subsequent years.
Stormwater utility fees collected shall be deposited in the stormwater enterprise fund and shall be
used for no other purpose.
E. E.~tahli.~hment of Equivalent Residential I Jnit (ERII) rate and stormwater utility charge
1. For purposes of this article, an ERU shall be equivalent to 3,129 square feet of impervious area.
2. Except as provided in this article, every user owning or occupying properly that is not exempt
property in the City of Iowa City shall pay to City a stormwater utility charge as determined in this article.
In the event the owner and the occupant of a particular property are not the same the liability for payment
of the stormwater management charge attributable to that property shall be joint and several as to the
owner and occupant.
3. The ERU rate to be applied to properties shall be as defined in §3-4-6 of the City Code.
4. The monies derived from the stormwater utility charge shall be used solely for the operation and
maintenance of the City wide stormwater infrastructure and related water quality programs.
F. Determination nf .~tnrmwater utility charge
Ordinance No.
Page 4
1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate
per month. As to these properties, the stormwater utility charge shall commence upon the eadier of the
following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has not been issued
for the residence.
2. 'For multi-family residential properties the stormwater utility charge shall be 50% of the ERU rate
multiplied by the number of individual dwelling units existing on the property. As to these properties, the
stormwater utility charge shall commence upon the eadier of the following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, pr6vided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a cedificate of occupancy has not been issued
for the residence.
3. For non-residential property, the stormwater utility charge shall be 50% of the ERU rate multiplied
by the numerical factor obtained by dividing the total impervious area of the particular property by the
number of square feet in one ERU. The minimum charge shall be equal to 100% of the ERU rate. As
to these properties, the stormwater utility charge shall commence upon the earlier of the following:
a. The issuance of a certificate of occupancy;
b. 90 days after construction is halted, provided construction is at least 50% complete; or
c. 90 days after construction is completed, even if a certificate of occupancy has not been
issued for the residence.
G. Ap?.~k~,
1. An owner or occupant of a multi-family residential property aggrieved by the initial or any subsequent
calculation of the number of dwelting units upon or in such property, calculation of the stormwater utility
charge, or allocation of such charge among occupants, may appeal such calculations and allocation to
the director. Upon such appeal, the stormwater utility charge for such property may be recalculated
utilizing information supplied by the appealing owner or occupant, provided such information is verified as
correct by the director.
2. An owner or occupant of non-residential property aggrieved by the initial or any subsequent
determination of the total impervious area of such property, calculation of the stormwater utility charge for
such property, or allocation of such charge among occupants, may appeal such caJculations and
allocation to the director. Upon such appeal, the stormwater utility charge for such property may be
recalculated utilizing information supplied by the appealing owner or occupant, provided such information
is verified as correct by the director.
3. Any adjustment of the stormwater utility charge resulting from such appeal shall be retroactive to the
date the appeal was filed.
4. Appeals by the owners or occupants of property subject to stormwater utility charges shall include a
statement of the number of dwelling units, total property area, and/or total impervious area, as
appropriate for the particular grounds for appeal. Such information may be shown on the stormwater
utility reporting forms or on appeal forms, and may be accompanied by plats, County Assessor's
records, or survey data. The director may request additional information from the appealing pady.
Based upon the information provided by the utility and appealing party, the director shall make a
final calculation of the stormwater utility charge. The director shall notify the parties, in writing, of the
director's decision within 90 days after receipt of the appeal. If still aggrieved, a party may request, in
writing, a review by the City Manager of the director's decision. Such request must be filed with the
City Manager within 30 days after the director's decision, shall cite the specific error by the director,
and shall include the calculation of stormwater utility charge which the appealing party believes to be
correct. The City Manager shall review the record presented and render a written decision within 30
days after receipt of the request for review. The City Manager may request additional information
from the director or the appealing party. If still aggrieved, a party may request review of the City
Manager's decision by the City Council in the same manner as above, provided for review by the
City Manager. The filing of an appeal shall not excuse the payment of the stormwater utility charge
when due. However, the City shall refund any portion of the charge paid subsequent to the filing of
the appeal which is adjudged to be excessive, with interest at the rate provided by law.
H. Billing procedHres, delinqH~.nf accnHnts and rx)ll~.r, finn grec~.dum.~
1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwater
Ordinance No.
Page 5
utility district.
2. Collection and delinquent account procedures shall be as in §14-3A-6 of the City Code.
SECTIQN IV REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. 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 Qrdinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI EFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
Ci[3f'A~omey's Of~ce -
pweng/ord/stormwaterl 1-03.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 12 / 16 / 0 3
Vote for passage: AYES: Wilburn, Champion, Kanner, Lehman, V~nderhoef. NAYS:O'Donnel
Pfab. ABSENT: None.
Second Consideration 1
Voteforpassage: AYES: Lehman, Vanderhoef, Wilburn, Bai]ey, Champion.
NAYS: Elliott, O'Donnell. ABSENT: None.
Date published
Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS
AND PROPERTY," TO CREATE A UNIFORM PERMITTING PROCESS, TO ESTABLISH
REQUIREMENTS FOR THE FARMERS MARKET, TO PROVIDE FOR THE
NONCOMMERCIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS,
TO MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO CLARIFY THE CURRENT
PROVISIONS REGULATING MOBILE VENDORS AND AMBULATORY VENDORS, TO
CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE
ADDITIONAL NONSUBSTANTIVE CHANGES.
WHEREAS, because there are competing uses of the public right of way including streets, City Plaza,
and parks, it is necessary to impose time, place, and manner requirements on those who seek to hold
parades and public assemblies;
WHEREAS, regulating the public right of way ensures the safe movement of pedestrians;
WHEREAS, it is desirable that thero be uniformity in the permitting process and specific criteria to
guide and limit the discretion of city employees charged with granting or denying permits for used of City
property;
WHEREAS, except for groups or entities that are affiliated with the City, such as Iowa City Kickers,
the use of public property should be either by a permit or by registration depending on the type of use;
WHEREAS, rules regarding the length and placement of noncommercial objects in City Plaza should
be enacted;
WHEREAS, City oversight of ambulatory vendors and mobile vendors is primarily through
administrative rules which should be codified;
WHEREAS, the existing provision on focused residential picketing presents enforcement issues;
WHEREAS, the right of privacy and the feeling of well-being and tranquility which the residents of the
City should enjoy in their dwellings should be preserved;
WHEREAS, the practice of focused residential picketing before or about a dwelling, targeted at the
occupant or occupants of such dwelling causes emotional disturbances and distress to the occupant or
occupants and disturbs the sense of peace and tranquility enjoyed by individuals in their dwellings;
WHEREAS, there currently is no provision for the regulation of the Farmers Market, and a registration
process should be created that sets up a procedure for Farmers Market vendors to register for exclusive
use of a stall, to appeal the denial of said use, and to provide for revocation of said authorization under
specific conditions; and
WHEREAS, it is in the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is
hereby amended by adding the following new definitions:
AFFILIATED GROUP: A group of persons or an entity engaged in sports and/or recreation that
a) is affiliated with and either sponsored or co-sponsored by the City of Iowa City including, but
not limited to organized youth soccer, boys' baseball, and girls' softball; and b) has executed a
memorandum of understanding with the City for the use of public property.
APPLICANT: A person who applies for a parade/public assembly permit as provided in this
Chapter.
PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by the City for use of public
property, including the public right of way, as provided in this Chapter.
PARK: Any park or playground owned or controlled by the City, including streets, trails, and
roadways therein.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
Ordinance No.
Page 2
PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than
twenty-five (25) persons on the public right of way or one-hundred (100) persons in a park -for a
common purpose as a result of prior planning that interferes with the normal flow or regulation of
pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the
public right of way or in a park.
PUBLIC SIDEVVALK: The improved portion of public right of way dedicated to and/or intended
primarily for pedestrian use.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is
hereby amended by repealing the definitions of "Parade" and "Public Way" and substituting in their place the
following new definitions:
PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms
of transportation, such as bicycles, or combination thereof, in or upon the public right of way or in
a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of
way or the park by others.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use, including City Plaza as defined in Title 10,Chapter 5 of this Code
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions" is
hereby amended by repealing the definitions of "demonstration," "picket," "protestor," and "public
entertainment" in their entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection B, entitled "Exemptions," is
hereby amended by deleting Subsection B in its entirety and substituting in its place the following:
B. Exemptions: The following are exempt from the provisions of this Chapter:
1. Funeral processions.
2. A gathering of an affiliated group or subpart thereof.
3. Students going to and from school classes or participating in educational activities, provided
that such conduct is under the immediate direction and supervision of the proper school
authorities.
4. Spontaneous events occasioned by news or affairs coming into public knowledge within
three (3) days of such public assembly or parade provided that the organizer thereof gives
written notice to the City at least twenty-four (24) hours prior to such parade or public
assembly.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by deleting
Section 2 in its entirety and substituting in its place the following:
A. It shall be unlawful for any person or group of persons to engage in, present, conduct or stage a
parade or public assembly without first having obtained a parade/public assembly permit as
provided in this Chapter.
B. No person shall knowingly participate in or conduct a parade or public assembly unless a
parade/public assembly permit has been obtained.
C. All parades and public assemblies shall be conducted in accordance with the provisions of the
parade/public assembly permit and shall be in compliance with all applicable State and local laws.
No person shall knowingly fail to comply with the terms and conditions of a parade/public
assembly permit.
D. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public
assembly or with any person, vehicle or animal participating or used in any parade or public
assembly.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 3, entitled "Application for Permit," is hereby amended by deleting Section 3 in its
entirety and substituting in its place the following:
A. Filing Application:
1. An application for a parade/public assembly permit shall be filed with the City Manager or
designee by any person or group of persons desiring to use any public right of way as
provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a
Ordinance No.
Page 3
natural person who has authority to act for the applicant with regard to the parade or public
assembly.
2. All applications shall be filed at least three (3) working days in advance of the date of the
requested use.
3.Applications shall be made on forms prepared by the City Manager or designee.
B. Application Form:
The application form shall contain the following information:
1. Name and address of the applicant.
2. An acknowledgement to be signed by a natural person that he or she has authority over the
parade or public assembly.
3.The type of event that is planned, namely parade, or public assembly.
4.Proposed location or locations.
5.Expected size of group.
6.Date, time and expected duration of the use.
Names and addresses of the persons to be in charge of the proposed use at the specified
location.
8.Names and addresses of any persons to be featured as entedainers or speakers.
9. List and description of mechanical or electronic equipment to be used, including sound
amplification.
10. Number and type of any motor vehicles or other forms of transpodation to be used, including
bicycles.
11.Number and type of any animals to be used.
12. Proposal to monitor the event, including the names of any person not employed by the City
who will be responsible for setting up, cleaning up, or maintaining order and whether the
police department will be needed to assist in maintaining order.
13.Proposal for cleanup.
14.An agreement in which [he applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of any
liability imposed upon the city for damages of any kind resulting from use of public property
and the public right of way, whether sustained by any person or person, caused by accident
or otherwise and shall defend at its own expense and on behalf of the City any claim against
the City arising out of the use of public property and the public right of way.
15. Insurance is required in the reasonable amount necessary to minimize risk of harm to persons
and property based on the nature and size of the event, as determined by the City's Risk
Manager. The insurance requirement may be waived if applicant demonstrates inability to
obtain insurance or to pay the cost of insurance.
16.Any other information that the City Manager or designee finds necessary.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 4, entitled "Issuance or Denial of Permit," is hereby amended by deleting Section 4 in
its entirety and substituting in its place the following:
A. Standards for Issuance of Permit: The City Manager or designee shall grant or deny the
application for a permit in writing, which shall be mailed by ordinary mail or personally delivered to
the applicant and stating the reasons therefore within seven (7) working days of the application
being filed, and no later than the day prior to the event assuming the application is timely filed.
The City Manager or designee shall examine the application and shall grant a permit if the
following conditions are met:
1. The use will not unreasonably interfere with the privacy, safety, security, convenience and
tranquility of the residents or inhabitants of the area in light of the date and time of said
proposed use.
2. The proposed public right of way can accommodate the group or use, based both on group
size and on health and sanitation facilities, whether available or to be provided by applicant.
3. The proposed use or activity is compatible with 'the normal activity of the proposed public
right of way at the requested time or date.
4. The application demonstrates the applicant has the means, planning and coordination to hold
the proposed event, considering the time of day, location, public facilities available, traffic
control, parking requirements and any monitoring required to protect the public health and
safety.
Ordinance No.
Page 4
5. The event will not interfere with either another event for which a permit has already been
granted or an event organized and conducted by the City for the same date and time
6. The use will not substantially interrupt the flow of street and/or pedestrian traffic 3~.
7. The use will not require the excessive diversion of police from other duties or substantially
interfere with the City's firefighting operations.
8. The use does not create undue health or safety hazards
9. All applicable fees have been paid.
10. The application is fully completed and executed.
11. The indemnification agreement has been signed.
12. A certificate of insurance showing compliance with this section has been provided.
13. The application contains no material falsehood or misrepresentation.
14. The applicant is legally competent to contract and to sue and be sued.
15. The applicant has not damaged City property, and if the applicant has, the damage has been
paid in full, and has paid all other outstanding and unpaid debts to the City.
16. The use or activity intended by the applicant is not prohibited by law.
17. The applicant paid clean up costs, if any, within thirty (30) days of the date of invoice as the
result of a previously issued permit.
18. Additional police protection, if required under this chapter, has been secured.
B. Contents and Conditions of Permit: The permit shall contain the following information:
1. Name, address, and telephone number of permittee.
2. Time, date and place of the permitted activity.
3. If a parade, the route and staging area.
4. Number of monitors or policing personnel required for safe use of the public right of way.
5. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 5, entitled "Appeals Regarding Issuance or Denial of Permit," is hereby amended by
deleting Section 5 in its entirety and substituting in its place the following:
A. Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under
this Chapter may appeal the determination to the City Council if, within five (5) working days after
the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing
shall be held by the City Council no later than its next regularly scheduled meeting, assuming the
appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa
Code.
B. Upon such hearing, the City Council may, based upon the standards enumerated herein,
reverse, affirm or modify in any regard the City Manager's or designee's decision. The City
Council's decision is the final decision.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 6, entitled "Revocation of Permit," is hereby amended by deleting Section 6 in its
entirety and substituting in its place the following:
The City Manager or designee, or the City Council if issued following an appeal, may revoke a
parade/public assembly permit if:
A. it is determined that the permittee has misstated any material fact in the application,
B. there is a substantial and material variance between the information in the application and the
actual facts or those facts which appear reasonably to have occurred,
C. when it is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or other emergency, the public safety requires such revocation,
D. the permittee's insurance has been cancelled, or
E. the permittee is operating in violation of the terms and conditions of the permit or local, state, or
federal law.
A permit holder may appeal the revocation in the same manner as appealing the issuance or denial of
a permit.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 7, entitled "Sale or Assignment of Permit," as
follows:
The sale, transfer, or assignment of a permit is prohibited.
Ordinance No.
Page 5
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 8, entitled "Fees," as follows:
Fees for permits shall be set by resolution of City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows:
A. The Chief of Police or designee shall determine whether and to what extent additional police or
security protection is reasonably necessary for the parade or public assembly for traffic control
and public safety. The Chief of Police or designee shall base this decision on the size, location,
duration, time and date of the event, the number of streets and intersections blocked, and the
need to detour or preempt citizen travel and use of the public right of way. The speech content of
the event shall not be a factor in determining the amount of police protection necessary. If
possible, without disruption of ordinary police services or compromise of public safety, regularly
scheduled on-duty personnel will police the event. If additional police or security protection for
the parade or public assembly is deemed necessary by the Chief of Police or designee, the
applicant shall be so informed. The applicant shall have the duty to secure the police or security
protection deemed necessary by the Chief of Police or designee at the sole expense of the
applicant.
B. Persons engaging in parades or public assemblies conducted for the sole purpose of public issue
speech protected under the First Amendment are not required to pay for any police protection
provided by the City.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 10, entitled "Penalties," as follows:
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," is
hereby amended by changing the title of Chapter 2 to "Picketing."
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 1, entitled "Definitions," is hereby amended by adding the following new definitions:
PICKETER: A person who engages in picketing with or without signs or placards.
PICKETING: The practice of standing, marching, congregating, protesting, demonstrating, or
patrolling by one or more persons for the purpose of persuading, discussing, educating,
advocating, or informing another person or persons or for the purpose of protesting some action,
attitude, policy, or belief. It does not include social, random, or other everyday communication.
PRIVATE RESIDENCE: A single-family, duplex, or multi-family dwelling.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use, including City Plaza as defined in Title 10 Chapter 5.
PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended
primarily for pedestrian use.
RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a particular private
residence and that takes place directly in front of the particular private residence or the private
residences on either side of the targeted private residence.
RESIDENTIAL ZONE: All Zones defined in Title 14, Chapter 6, Article D of this Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "demonstration," "picket,"
"protester," and "public way" in their entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby
amended by changing the title of Section 2 to "Use of Sidewalks for Picketing."
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby
amended by deleting Section 2 in its entirety and substituting in its place the following:
A. No picketing except as authorized by a parade/public assembly permit issued under Title 10,
Chapter 1 of the Code, shall be conducted on that portion of the streets used primarily for
vehicular or bicycle traffic.
B. Interference with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct
free passage of any pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or
egress to any business or public facility.
Ordinance No.
Page 6
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 3 entitled "Prohibited Acts and Conditions," is hereby amended by deleting Section 3 in its entirety,
b~, substituting in its place the following, and by entitling the new Section 3 as "Residential Picketing": A. It shall be unlawful for any person to engage in residential picketing.
B. Nothing herein shall prohibit: 1) The residential picketing of a residence which is used as the
occupant's sole place of business; 2) The residential picketing of a private residence used as a
public meeting; 3) A person or group of persons from marching without stopping at a particular
private residence; or 4) A person or group of persons from marching on a defined route without
stopping at any particular private residence.
C. Before a person may be cited for violation of this provision, the person must have been ordered to
move, disperse, or otherwise remedy the violation by either a police officer or a person with
authority to control the use of the private residence which is the focus or target of the residential
picketing.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 4 entitled "Advanced Notice of Proposed Picketing, Protesting or Demonstrating," is hereby
amended by deleting Section 4 and substituting in its place the following:
A. Police officers are authorized to disperse persons who are picketing whenever such picketing is
in violation of this Chapter and poses a threat to public health, safety or ordedy flow of traffic.
B. It shall be unlawful for any person to refuse to disperse or move on when so directed by a police
officer as herein provided.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 5 entitled "Duty to Disperse as Directed by Police," is hereby amended by deleting Section 5 in its
entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 6 entitled "Obstruction of Public Ways," is hereby amended by deleting Section 6 in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions:
APPLICANT: A person who applies for a permit as provided in this Chapter.
MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as
determined and assigned by the City Manager, or designee, in writing within the boundaries of
city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending
carts. Each mobile vending permit shall carry with it the authorization to operate at one or two (2)
designated locations.
MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including
public right of way, by a mobile vendor as provided in this Chapter.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
TEMPORARY USE OF SIDEWALK PERMIT: Written authorization by the City for use of sidewalk
as provided in this Chapter.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public right of
way" and substituting in its place the following new definition:
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use, including City Plaza as defined in Title 10, Chapter 5 of the Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 2, entitled "Use of Public Sidewalks Restricted," is hereby amended by deleting
Section 2 in its entirety and substituting in its place the following:
Use of public sidewalks for any commercial purpose, including sidewalk cafes, shall be unlawful
except as specifically provided herein or as specifically authorized by this chapter.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 4, entitled "Number of Permits; Use Limitations; Excluding Side-walk Cafes and
Mobile Vending Carts," is hereby amended by deleting Section 4 in its entirety, by substituting in its place
the following, and by entitling new Section 4 as "Temporary Use of Sidewalk Permits":
The City Manager or designee is authorized to issue no more than two Temporary Use of
Sidewalk Permits per calendar year to businesses or business organizations for any commercial
Ordinance No.
Page 7
purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory
vendors, and mobile vending carts. Temporary Use of Sidewalk Permits shall be limited to the
temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited
to no more than three (3) days for any one permit.
A. Application for Permit.
1. Filing an Application.
a. An application for a Temporary Use of Sidewalk Permit shall be filed with the City
Manager or designee by any person or group of persons desiring to use the public right of
way as provided in this Chapter. If the applicant is not a natural person, the application
shall identify a natural person who has authority to act for the applicant with regard to the
parade or public assembly.
b. All applications shall be received five (5) days before proposed use.
c. Applications shall be made on forms prepared by the City Manager or designee.
2. Application Form.
The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgement to be signed by a natural person that he or she has authority over
the permitted use of the sidewalk.
c. Name and address of applicant's business.
d. Days and hours of requested use.
e. Description of use.
e. An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of
any liability imposed upon the city for damages of any kind resulting from use of public
property and the public right of way, whether sustained by any pemon or person, caused
by accident or otherwise and shall defend at its own expense and on behalf of the City
any claim against the City arising out of the use of public property and the public right of
way.
f. Insurance as required in a reasonable amount necessary to minimize risk of harm to
persons or property based on the nature and size of the event, as determined by the
City's Risk Manager. The insurance requirement may be waived if applicant
demonstrates inability to obtain insurance or to pay the cost of insurance.
g. Any other information that the City Manager or designee finds necessary.
B. Issuance or Denial of Permit.
1. Standards for Issuance of Permit. The City Manager or designee shall grant or deny the
application for Temporary Use of Sidewalk Permit in writing, which shall be mailed by
ordinary mail or personally delivered to the applicant, and state the reasons therefore within
seven (7) working days of the application being filed. The City Manager or designee shall
examine the application and shall issue said permit if the following conditions are met:
a. The applicant's proposed use will not impede the free flow of pedestrian traffic along the
public right of way or in or out of adjacent properties.
b. All applicable fees have been paid.
c, The application is fully completed and executed.
d. The indemnification agreement has been signed.
e. A certificate of insurance showing compliance with this section has been provided.
f. The application contains no material falsehood or misrepresentation.
g. The applicant is legally competent to contract and to sue and be sued.
h. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and has paid ali other outstanding and unpaid debts to the City.
i. No permit has already been issued for the same time and place.
j. The use does not conflict with previously planning programs organized and conducted by
the City and previously scheduled for the same time and place.
2. Contents and Conditions of Permit. The permit shall contain the following information:
a. Name, telephone number, and address of permittee.
b. Time, date and place of the permitted activity,
c. The permittee shall only offer for sale its own goods and products and shall not offer for
sale any tobacco product.
Ordinance No.
Page 8
d. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
C. Appeals. Any party aggrieved the City Manager's or designee's decision to grant or deny a permit
under this Chapter may appeal the determination to the City Council if, within five (5) working
days after the decision, the party files a written notice of appeal with the City Clerk. In such event,
a hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21
of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
D. The sale, transfer, or assignment of a temporary use of sidewalk permit is expressly prohibited.
E. Revocation of Permit. The City Manager or designee, or the City Council if issued following an
appeal, may revoke a permit if:
1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or other emergency, the public safety requires such revocation is necessary to
protect health, safety, and welfare
2.The permitee has misstated any material fact in the application
3. There is a substantial and material variance between the information in the application and
the actual facts or those facts which appear reasonably to have occurred.
4.The permitee is operating in violation of the terms and conditions of the permit.
5.The permitee is operating in violation of the terms of the permit or local, state, or federal law.
6.The permitee's insurance has been cancelled.
A permit holder may appeal the revocation in the same manner as appealing the issuing or
denying of a permit.
F. Fees. Fees for permits shall be set by resolution of City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Section 5 in its
entirety and substituting in its place the following:
A. Application for Permit
1, Filing an Application.
a. An application for a mobile vendor permit shall be filed with the City Manager or designee
by any person or group of persons desiring to use the public right of way as provided in
this Chapter. If the applicant is not a natural person, the applicant shall identify a natural
person who has authority to act for the applicant with regard to the mobile vending
operation.
b. All applications for mobile vendor permits must be received by January 31 of the calendar
year for which the permit will be issued.
c. Applications shall be made on forms prepared by the City Manager or designee.
2. General Provisions
a. No more than five (5) permits shall be issued each calendar year for the City Plaza and
no more than two (2) permits shall be issued each calendar year for the 100, 200, and
300 blocks of Iowa Avenue.
b. No tobacco or alcoholic beverages shall be offered for sale.
c. At a minimum, mobile vendors shall operate during the following hours from May 1 to
October 1:(1 ) 11:00 a.m. to 2:00 p.m. on Monday through Saturday; (2) 5:00 p.m. to 8:00
p.m. on Thursday through Saturday; and (3) three (3) additional hours each day on
Monday through Wednesday as selected by the permitee.
3. Application Form
The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgement to be signed by a natural person that he or she has authority over
the permitted use of the sidewalk.
c. List of past permits issued.
d. Description of food and/or beverage product to be sold.
e. Requested location or locations of operation.
f. Electrical appliances to be used,
g. Fuel needed to power equipment.
h. Hours of operation.
Ordinance No.
Page 9
i. Months of operation.
j. Location of overnight cart storage.
k. Description of cart including its dimensions.
I. The three (3) additional hours the permitee has selected to operate on Mondays through
Wednesdays.
m. An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of
any liability imposed upon the city for damages of any kind resulting from use of public
property and the public right of way, whether sustained by any person or person, caused
by accident or otherwise and shall defend at its own expense and on behalf of the City
any claim against the City arising out of the use of public property and the public right of
way.
n. Acknowledgment that the applicant has contacted the Johnson County Health
Department and has reviewed health code requirements.
o. insurance is required in a reasonable amount necessary to minimize risk of harm to
persons and property based on the intended use, as determined by the City's Risk
Manager.
p. Any other information that the City Manager or designee finds necessary.
B. Issuance or Denial of Permit
Standards. The City Manager or designee shall grant or deny the application for a mobile vendor
permit in writing within a reasonable time, which shall be mailed by ordinary mail or personally
delivered to the applicant, and state the reasons therefore no later than sixty (60) calendar days after
the application being filed. The length of time which is reasonable shall be determined by the type of
use requested, the information supplied, the time the application is filed, and the extent of advance
preparation and planning demonstrated and reasonably required. The City Manager or designee shall
issue a permit if the following conditions have been met:
1. A mobile vending location is available which will not interfere the free movement within the
emergency/service lane.
2. The applicant's proposed mode of operation will not impede the free flow of pedestrian
traffic along the public right of way or in or out of adjacent properties.
3. The applicant agrees to operate the applicant's business only at assigned mobile vending
locations.
4. The dimensions of the applicant's vending cart shall not exceed a size of four feet (4') wide
by nine feet (9') long by eight feet (8') high.
5. The applicant has adequate storage for the mobile vending cart off the city plaza or public
right of way.
6. The applicant has obtained all necessary permits required by the county department of
health.
7. All applicable fees have been paid.
8. The application is fully completed and executed.
9. The indemnification agreement has been signed.
10. A certificate of insurance showing compliance with this section has been provided.
11. The application contains no material falsehood or misrepresentation.
12. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and the applicant has paid all other outstanding and unpaid debts to the
City.
13. The applicant has complied with applicable laws concerning the sale or offering for sale of
any goods or services.
14. The use or activity intended by the applicant is not prohibited by law.
15. No other mobile vendor permit has been issued for substantially the same food or beverage
product.
Contents and Conditions of Permit: The permit shall contain the following information:
1. Permitee's name, telephone number, and address.
2. Time, date and place of the permitted activity.
3. The permitee's mobile vending location.
4. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
C. Appeals
Ordinance No.
Page 10
Any party aggrieved by the City Manager's or designee's decision to grant or deny a mobile
vending permit may appeal the determination to the City Council if, within five (5) working days
after the decision, the party files a written notice of appeal with the City Clerk. In such event, a
hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21
of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
D. The sale, transfer, or assignment of a mobile vending permit is expressly prohibited.
E. Revocation of Permit. The City Manager or designee, or City Council if issued following an
appeal, may revoke a mobile vending permit if:
1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or other emergency, the public safety requires such revocation.
2.The permitee has misstated any material fact in the application.
3. There is a substantial and material variance between the information in the application and
the actual facts or those facts which appear reasonably to have occurred.
4.The permitee is operating a mobile vending cart in violation of the terms of the permit.
5.The permitee's insurance has been cancelled.
6.The permittee violates any administrative rules.
A permittee may appeal the revocation in the same manner as appealing the issuance or denial
of a permit.
F. Fees. Fees for mobile vending permits shall be set by resolution of City Council.
G. Administrative Rules. The City Manager is authorized to establish administrative rules not
inconsistent with any ordinance to carry out the provisions of this Chapter. A copy of said rules
shall be on file with the City Clerk.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills" is hereby
amended by changing the title of chapter 4 from "Posting Bills" to "Posting Handbills."
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bil~s," Section 1,
entitled "Definitions," is hereby amended by adding the following new definitions:
COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, circular, leaflet,
pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any
matter or literature: (1) which advertises for sale any merchandise, product, commodity, or thing
(2) which directs attention to any business or mercantile or commercial establishment, or other
activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; (3)
which directs attention to or advertises any meeting, theatrical performance, exhibition, or event
of any kind, or (4) which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or circulated for advertising
purposes, or for the private benefit and gain of any person so engaged as advertiser or
distributor.
NONCOMMERCIAL HANDBILL: Any printed or written matter that is not a newspaper.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1,
entitled "Definitions," is hereby amended by deleting the definition of "billposters and distributors" in its
entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 2,
entitled "Manner of Distribution Generally; Unlawful Distributions of Public Ways," is hereby amended by
deleting Section 2 in its entirety and substituting in its place the following:
Distribution of commercial handbills and noncommercial handbills shall be made in such a
manner so as not to create a public nuisance.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," is hereby
amended by adding as new Section 3, entitled "Posting of Handbill Prohibited," as follows:
In the right-of-way or on public land, no person shall post, stick, stamp, paint or otherwise affix, or
cause the same to be done by any person, any commercial handbill or noncommercial handbill
calculated to attract the attention of the public, upon any right-of-way or any lamp post, electric
light, telephone pole, bulletin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon
Ordinance No.
Page 11
the columns, trusses, girders, railings, gates or other public part of any public bridge or viaduct, or
other public structure or building, or upon any pole, box or fixture of the fire alarm except as may
be authorized or required by law.
Title 10, entitled "Use of Public Ways and Properly," Chapter 4, entitted "Posting Bills," Section 3,
entitled "Billboard Maintenance Requirements" and Section 4, entitled "Penalties", are hereby amended
by renumbering Section 3 as Section 4 and renumbering Section 4 as Sectio0 5 respectively.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 1,
entitled "Purpose and Intent," is hereby amended by adding new Subsections E and F as follows:
E. Supporting economic activity by allowing vendors to sell their goods in City Plaza.
F. Ensuring safe movement of pedestrians in City Plaza.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by adding the following new definitions:
AMBULATORY VENDOR PERMIT: Written authorization by the City for use of public property,
including public right of way, by an ambulatory vendor as provided in this Chapter.
APPLICANT: A person who applies for a permit as provided in this Chapter.
ARTS AND CRAFTS: An item that is assembled, created, made, or produced in final form for
sale or display by an individual and not by machine.
ARTS AND CRAFTS VENDOR: A person selling or displaying arts and crafts in Zones 1, 2, and
3.
MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including
public right of way, by a mobile vendor as provided in Chapter 3.
NEWSPAPER: Any newspaper of general circulation as defined by general law, any newspaper
duly entered with the U.S. Postal Service, in accordance with federal statute or regulation, and
any newspaper filed and recorded with any recording officer as provided by general law. And, in
addition thereto, shall mean and include any periodical or current magazine regularly published
with not less than four issues per year, and sold to the public.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, cartway,
bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian
travel and dedicated to public use, including City Plaza.
ZONE 1: The ten-foot (10') strip directly abutting the private property lines in City Plaza. Zone 1
extends the length of the City Plaza along all sides of the Plaza. Zone 1 is illustrated on the City
Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to
time, by resolution of the City Council.
ZONE 2: The six-foot (6') pedestrian lanes in the City Plaza adjoining Zone 1 on each side, the
landscaped areas, the areas with street furniture and features and other areas as specified on the
City Plaza Map. Zone 2 is illustrated on the City Plaza Map that is kept on file in the office of the
City Clerk, which can be amended, from time to time, by resolution of the City Council.
ZONE 3: The emergency/service lane in City Plaza. Zone 3 is illustrated on the City Plaza Map
that is kept on file in the office of the City Clerk, which can be amended, from time to time, by
resolution of the City Councit.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by deleting the definitions of "ambulatory vendor" and "kiosk" and
by substituting in their place the following new definitions:
AMBULATORY VENDOR: A person selling goods or services while moving through Zones 1, 2
and 3 and operating without the use of a mobile vending cart and with a minimum of equipment
such as a person selling balloons and a portrait artist.
KIOSK: A small, public-owned structure that is stationary and that contains newspaper vending
units.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by deleting the definitions of "mobile vending cart" and "mobile
vendor" in their entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 3,
entitled "Description of Mall Zones," is hereby amended by deleting Section 3 in its entirety.
Ordinance No.
Page 12
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 4,
entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its
entirety and by substituting the following new section in its place and renumbering it Section 3:
A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended
within city plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post
or structure other than a bicycle rack.
B. Nonmotorized Vehicles. No person shall travel upon or operated a nonmotorized vehicle within
the city plaza, except for a persons with disabilities using a vehicle designed for use by person
with disabilities.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 5,
entitled "Motor Vehicle Regulations," is hereby amended by deleting Section 5 in its entirety and by
substituting the following new section in its place and renumbering it Section 4:
No person shall operate a motor vehicle, except emergency vehicles, within the limits of city plaza
without authorization issued by the city manager or designee:
A. Any business located on property which does not otherwise abut a public right of way other than
city plaza may be granted continuous motor vehicle authorization upon a showing that such is
necessary to provide for the delivery of goods to or from the business. Such authorization shall
allow the vehicle within the city plaza only during active loading and unloading.
B. Any person may be granted such authorization upon a showing that the placement or operation of
a motor vehicle upon city plaza for a specified, limited period of time is necessary for delivery or
other legitimate purpose.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6,
entitled "Removal of Snow and Ice Accumulations from Building Runoff," is hereby amended by deleting
Section 6 in its entirety and by substituting the following new section in its place and renumbering it Section
5:
Removal of accumulations of snow and/or ice in Zone 1 of city plaza resulting from building runoff
shall be the responsibility of the adjoining property owner.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7,
entitled "Animals Restricted," is hereby amended by deleting Sebtion 7 in its entirety and by substituting the
following new section in its place and renumbering it Section 6:
No person shall take, accompany or allow any animal into city plaza except as permitted in Title
8, Chapter 4, Section 12 of the Code. This provision shall not apply to an animal trained to assist
persons with disabilities or an animal that is securely confined within an animal carrier, kennel,
cage, or crate and does not create a public nuisance.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8,
entitled "Use of City Plaza," is hereby amended by deleting Section 8 in its entirety and by substituting the
following new section in its place and renumbering it Section 7:
A. Private Uses Authorized in Each Zone
1. Zone 1:
a. Ambulatory Vendor Permits, Arts and Crafts Vendor Permits, Sidewalk Caf~ Permits,
Parade/Public Assembly Permits.
b. Building extensions where, in the sole judgment of the city council, such extensions
enhance the quality of city plaza.
c. Landscaping with the permission of the City Manager or designee.
d. Display window extensions with the permission of the City Manager or designee
e. Building front and/or basement extensions, provided the use of the extension is the same
as the store activity with the permission of the City Manager or designee.
2. Zone 2:
a. Permits issued under either this chapter or Chapter 1.
b. Landscaping with the permission of the City Manager or designee.
c. Newspaper racks.
3. Zone 3:
a. Ambulatory Vendor Permits.
B. Modification Of Plaza Landscaping: City Plaza landscaping may be modified or. removed to a
limited extent if the net effect enhances the ambience of the City Plaza and if approved by the
City Manager or designee. In such cases, the person must agree to restore the City Plaza
landscaping to its original condition and provide a bond or escrow account in an amount
determined by the City Manager or designee.
Ordinance No.
Page 13
C. Days and Hours of Operation: Buildings extended onto the City Plaza are to be open at least
during normal retail business hours, Monday through Saturday, throughout the year. Mobile
vendors shall operate during the times proscribed in this chapter.
D. The City Manager or designee may:
1. Require a reasonable amount of insurance coverage for any use in the City Plaza not
inconsistent with other provisions of this Title to minimize the risk of harm to persons and
property when the activity or event being sponsored on City Plaza creates a higher than
usual risk of City or public liability exposure due to the nature of the activity or event or due to
the expected number of participants or spectators as determined by the City's Risk Manager;
2. Waive the insurance requirements for events or activities sponsored by the agencies of the
State, the University of Iowa or other governmental subdivisions, provided such entities enter
into an agreement satisfactory to the City Attorney to protect and hold harmless the City, its
officers, agents and employees from and against all claims, lawsuits, damages, losses and
expenses in any manner resulting from or arising out of the activity or event covered by the
permit or to accept full responsibility for safe activity or event and to defend the City, its
officers, agents and employees with regard thereto.
E. Newspaper Vending Units in Kiosks:
1. Newspapers may utilize the newspaper vending units in the kiosks.
2. Upon the filing of an application by a newspaper with the City Manager or designee and upon
payment of an annual administrative fee, payable April 1 of each year and set by City Council
resolution, the City shall make available one unit in a kiosk. Each newspaper may utilize only
one unit unless the number of applications does not exceed the available kiosk units.
3. If the number of applications exceeds the available kiosk units, the City will handle the
applications on a lottery basis, to be c(Jnducted by the City Manager or designee prior to April
1 of each year. After completion of the lottery, if needed, the City Manager or designee shall
provide written notice of the lottery results to the requesting newspapers. The selected
newspapers shall pay the annual administrative fee to the City Manager or designee.
4. The newspaper which pays the administrative fee and is assigned a space may not affix a
logo or sign to its assigned unit.
5. Nothing in this subsection shall be construed to limit or interfere with alternative methods of
distribution available to newspapers throughout the city, as permitted by federal law.
F. Placement of Noncommemial and Commercial Objects.
1. No person shall place any free-standing noncommercial object in City Plaza without
authorization issued by the City Manager or designee.
2. To obtain authorization, the person shall inform the City Manager or designee of the
proposed duration of the placement, the proposed location of the object, and the physical
dimensions of the object.
3. Upon receipt of such information, the City Manager or designee shall promptly authorize the
display for a maximum of thirty (30) days in any one-year period, unless the City Manager or
designee finds that said object will impede the flow of pedestrian traffic at the proposed
location. If the City Manager or designee finds that said object will impede the flow of
pedestrian traffic at the proposed location, then the City Manager or designee shall deny the
authorization in writing.
4. Any party aggrieved by the City Manager's or designee's decision to grant or deny such
authorization may appeal the determination to the City Council if, within five (5) working days
after the decision, the party files a written notice of appeal with the City Clerk. In such event,
a hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter
21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
5. No person shall place any free-standing commercial object in City Plaza.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 9,
entitled "City Use Permits," is hereby amended by deleting Section 9 in its entirety, by substituting the
following new section in its place, renumbering it Section 8, and by entitling new Section 8 as "Uses of City
Plaza":
A. Mobile Vendors: The requirements for mobile vendors in City Plaza are identical to those for
mobile vendors as provided in Title10, Chapter 3, Section 5 of the Code.
Ordinance No.
Page 14
B. Ambulatory Vendors:
1.Application for Permit
a. Filing Application.
(1) An application for a ambulatory vendor permit shall be filed with the City Manager
or designee by any person or group of persons desiring to use the public right of way as
provided in this Chapter. If the applicant is not a natural person, the applicant shall
identify a natural person who has authority to act for the applicant with regard to the
ambulatory vending operation.
(2) All applications must be received at least five (5) working days by before the
proposed start of operations.
(3) Applications shall be made on forms prepared by the City Manager or designee.
b. Application Form
The application form shall contain the following information:
(1) Name, address, and telephone number of the applicant.
(2) An acknowledgment to be signed by a natural person that he or she has the
authority to act on behalf of the ambulatory vending operation.
(3) List of past permits issued.
(4) Product to be sold.
(5) Hours of operation.
(6) Months of operation.
(6) An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by
reason of any liability imposed upon the city for damages of any kind resulting
from use of public property and the public right of way, whether sustained by any
person or person, caused by accident or otherwise and shall defend at its own
expense and on behalf of the City any claim against the City arising out of the
use of public property and the public right of way.
(7) Acknowledgment that the applicant has contacted the Johnson County Health
Department and has reviewed health code requirements.
(8)Fee.
(9) Insurance is required in a reasonable amount necessary to minimize risk of harm to
persons or property based on the nature and size of the event, as determined by
the City's Risk Manager. The insurance requirement may be waived if applicant
demonstrates inability to obtain insurance or to pay the cost of insurance.
(10) Any other information that the City Manager or designee finds necessary.
2. Issuance or Denial of Permit
Standards. The City Manager or designee shall grant or deny the application for the
ambulatory vendor permit within a reasonable time, which shall be mailed by ordinary mail or
personally delivered to the applicant and stating the reasons therefore no later than sixty (60)
working days of the application being filed. The length of time which is reasonable shall be
determined by the type of use requested, the information supplied, the time the application is
filed, and the extent of advance preparation and plannir~g demonstrated and reasonably
required. The City Manager or designee shall issue an ambulatory vendor permit if the
following conditions have been or will be met.
a. The application is received at least five (5) working days before the proposed start of
operations.
b. The applicant will operate without the use of a mobile vending cad and with a minimum of
equipment.
c. The applicant's proposed mode of operation will not impede the free flow of pedestrian
traffic along the city plaza right of way, nor shall it interfere with such pedestrian
movement into or out of retail establishments fronting on the plaza.
d. The applicant will conduct the vending completely within the boundaries of city plaza.
e. The applicant has obtained all necessary permits required by the county department of
health.
f. All applicable fees have been paid in full.
g. The application is fully completed and executed.
h. The indemnification agreement has been signed.
i. A certificate of insurance showing compliance with this section has been provided.
Ordinance No.
Page 15
j. The application contains no material falsehood or misrepresentation.
k. The applicant is legally competent to contract and to sue and be sued.
I. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and has paid all other outstanding and unpaid debts to the City.
m. The applicant has complied with applicable laws concerning the sale or offering for sale
of any goods or services.
p. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
Contents and Conditions of Permit. The permit shall contain the following information:
a. Name, telephone number, and address of permittee.
b. Time, date and place of the permitted activity.
c. Such other information that the City Manager or designee finds necessary for the
enforcement of this ordinance.
3. Appeals
Any party aggrieved by the City Manager's or designee's decision to issue or deny a permit
under this Chapter may appeal the determination to the City Council if, within ten (10) working
days after the decision, the party files a written notice of appeal with the City Clerk. In such
event, a hearing shall be held by the City Council no later than at its next regularly scheduled
meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with
Chapter 21 of the Iowa Code.
Upon such hearing, the City Council may, based upon the standards enumerated herein,
reverse, affirm or modify in any regard the City Manager's or designee's decision. The City
Council's decision is the final decision.
4. The sale, transfer, or assignment of an ambulatory vendor permit for city plaza is expressly
prohibited
5.Revocation of Permit.
The City Manager or designee, or City Council if issued following an appeal, is authorized to
revoke an ambulatory vendor permit issued under this Chapter whenever:
a. The permit has failed to comply with any provisions of this Chapter
b. The permitted activity creates an obstruction to pedestrian use of the City Plaza or a
nuisance or violates of any statute, law, rule or regulation involving the permitted event
c. It is necessary to protect health or safety as determined by the Police Chief or designee
or Fire Chief or designee
d. The permitee has misstated any material fact in the application
e. There is a substantial and material variance between the information in the application
and the actual facts or those facts which appear reasonably to have occurred
f. The permitee is operating in violation of the terms and conditions of the permit or
g. The permitee's insurance has been cancelled.
A permittee may appeal the revocation in the same manner as appealing the issuance or
denial of a permit.
6. Fees. Fees for ambulatory vendor permits shall be set by resolution of the City Council.
C. Permanent And Temporary Structures: The City Manager or designee, upon approval of city
council, may enter into an agreement for the sale or lease of public right of way in the city plaza
for the construction of an addition to an existing store front or for the temporary or seasonal use
of zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered
into after careful consideration and assurance that the following conditions have been or will be
met:
1. Building Design:
a. Additions to buildings shall be harmonious in scale and design with permanent
neighboring structures and with the City Plaza.
b. Materials shall be suitable for the style and design of buildings in which they are used.
c. Materials which are architecturally harmonious sha~l be used for all building walls and
other exterior building components wholly or partly visible from public ways.
d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings.
(2) Relationship to the brick and wood theme of City Plaza.
(3) Materials shall be of durable quality.
Ordinance No.
Page 16
e. Building components, such as windows, doors, eaves and parapets, shall have good
proportions and relationship to one another.
f. Colors shall be selected for their harmony and/or ability to complement the color scheme
of the City Plaza.
g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be
screened from public view with materials harmonious with the building or shall be located
so as not to be visible from any public ways.
h. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all
exposed accessories shall be harmonious with building design.
2. Signs:
a. All signs shall be part of the architectural concept. Size, color, lettering, location and
arrangement shall be harmonious with the building design and shall be compatible with
signs on adjoining buildings.
b. Materials used in signs shall have good architectural character and be harmonious with
building design and the materials used in the City Plaza.
c. Every sign shall express, in scale and in proportion, an appropriate visual relationship to
buildings and surroundings.
d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant
colors shall be avoided. Lighting shall be harmonious with the design. If external spot
lighting is used, it shall be arranged so that the light source is shielded from view.
3. Additional Criteria:
a. The Design Review Committee may, from time to time, formulate additional design criteria
for the review of proposed construction pursuant to this Chapter. Such criteria shall
become effective when adopted by the City Council by resolution.
b. No building permit for the construction of any temporary structure or any building
extension to be constructed pursuant to this Chapter shall be issued until plans for said
construction have been reviewed by the Design Review Committee and approved by the
City Council. The Design Review Committee shall, within thirty (30) calendar days of
receipt of said plans, review the plans and advise approval, approval with conditions or
disapproval in a written report forwarded to the City Council and the applicant. City
Council approval of the plans shall require a majority of votes cast at any meeting at
which a quorum is present.
4. Illumination: Nighttime interior illumination of all building fronts and basement extensions,
display window extensions and basement stairwells is required during hours of operation.
5. Construction Costs: All costs of construction are to be paid by the permittee, including costs
of damage or repair to the City Plaza caused by the construction.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 10,
entitled "Permit Application Procedures," is hereby amended by deleting Section 10 in its entirety and
substituting in its place the following new Section 10 entitled "Penalties":
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," is hereby
amended by adding a new Section 9, entitled "Administrative Rules" as follows:
The City Manager is authorized to establish administrative rules not inconsistent with any
ordinance to carry out the provisions of this Chapter. A copy of said rules sha~l be on file with the
City Clerk.
Title 10, entitled "Use of Public Ways and Properly," Chapter 5, entitled "City Plaza," Section 11,
entitled "Fees," is hereby amended by deleting Section 11 in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City P~aza," Section 12,
entitled "Termination and Revocation of Permits and Leases," is hereby amended by deleting Section 12 in
its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions:
APPLICANT: A person who applies for permit as authorized in this chapter.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a par[nership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
Ordinance No.
Page 17
PARK FACILITY: A baseball field, softball field, soccer field, tennis court, secured shelter, or
unsecured shelter in a park or Riverside Festival Stage.
PUBLIC ASSEMBLY Any meeting, demonstration, picket line, rally or gathering of more than
twenty-five (25) persons for a common purpose as a result of prior planning that interferes with
the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a
park or occupies any area in the public right of way or in a park.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use.
SPONSORING AGENCY: Any organization or group, regardless of whether it is legally
constituted, and including but not limited to corporations and partnerships, on whose behalf a
natural person individual makes application for a park permit.
TRAIL: A way or place, the use of which is controlled by the City as owner of the real property,
used for persons walking, jogging, skateboarding, in line skating, or bicycling or motorized
devices designed for and used by persons with disabilities.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "parade"
and "park, public park" and substituting the following new definitions:
PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms
of transportation, such as bicycles, or any combination thereof, in or upon the public right of way
or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public
right of way, including a park by others Funeral processions shall not be deemed to be included in
this definition and shall not be considered a parade.
PARK, PUBLIC PARK: Any park or playground owned or controlled by the City, including streets,
trails, and roadways therein.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public
entertainment" in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds," is hereby amended by
deleting Section 2 in its entirety and substituting in its place the following: In any park no person shall:
A. Damage To Property, Animals, Trees And Plant Materials:
1. Pick or destroy any plant materials or walk or run upon any flower beds.
2. Break or tear any limbs or branches from any tree.
3. Throw objects or missiles at any animal or bird or molest any animal or bird in any way.
4. Tear down, mutilate, destroy or carry away any sign constructed under the authority of the
City Council or the Parks and Recreation Department.
5. Tear down, mutilate, destroy or burn any building, shelter equipment, picnic table, grill, or any
personal property owned by the City
B. Motor Vehicles And Traffic:
1. Park any vehicle in any area where parking is prohibited by posted signs.
2. Drive any vehicle within any park, except upon the designated streets, driveways and parking
areas of such parks, except motorized devices designed for and used by persons with
disabilities.
3. Drive any vehicle within any park at a speed in excess of fifteen (15) miles per hour, unless
otherwise posted.
4.Drive any vehicle in the wrong direction upon any one-way street within a park.
C. Weapons: Carry firearms or weapons into any park.
D. Animals:
1. Bring, cause or permit any pet to enter into any park unless such animal is on a leash or
confined either a vehicle or in a cage, kennel, crate, or carrier.
2. Ride any horse in any park except upon streets and trails, and then only if the horse-rider
provides for the immediate disposal of solid waste material excreted by any animal.
3. This provision shall not apply to an animal trained to assist persons with disabilities or to a
person issued a permit as authorized in section 8-4-12.
E. Fires: Build or aid and abet the building of any fire in any park, except in stoves or fireplaces
designated for such purposes.
Ordinance No.
Page 18
F. Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any park.
G. Practice Golf: Practice golf in any park.
H. Unauthorized Use Of Buildings: Occupy any shelter or building or recreation area which has been
reserved by others through the provisions of this Chapter or install any unauthorized reserved
sign in any shelter, building or recreation area.
I. Hours:
1. Except as provided for specified parks herein, occupy any park, whether on foot or in a
vehicle, or permit any vehicle to remain parked in any park between the hours of ten thirty
o'clock (10:30) P.M. and six o'clock (6:00) A.M. unless granted special authorization by the
City.
2. From April 15 to October 31, the hours shall be from eleven o'clock (11:00) P.M. to six o'clock
(6:00) A.M. in City Park and Mercer Park.
3. Occupy, whether on foot or in a vehicle, or permit any vehicle to remain parked from dusk to
dawn at the following parks: Waterworks Prairie Park, Peninsula Park, Hickory Hill Park, and
Ryerson's Woods Park. Dusk means thirty (30) minutes after the time designated each
calendar day as "sunset" and dawn means thirty (30) minutes before the time designated
each calendar day as "sunrise" by the United States Naval Observatory for Iowa City,
Johnson County, Iowa. Said designations can be accessed via the internet at
<htt p://aa.usno.navy.mil>.
J. Bicycles And Nonmotorized Vehicles:
1. No person shall travel upon or operate a bicycle or nonmotorized vehicle within Chauncey
Swan Park
2. Persons may travel upon or operate bicycles and nonmotorized vehicles in all other City
parks except where posted as prohibited, and only to the extent the nonmotorized vehicles
are used in a safe manner so as not to injure persons or property.
3. This provision shall not apply to a person with disabilities using a nonmotorized device
designed for a person with disabilities.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 3, entitled 'q'raffic and Parking Regulations," is hereby amended by deleting Section
3 in its entirety and substituting in its place the following:
A. Duties Of Director: The Director is hereby authorized and directed to: 1) designate streets and
drives for use within the parks; 2) designate parking areas for the parks; and 3) prohibit, regulate
or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in
the parks at all times or during specified hours. The Director shall also cause signs to be posted
designating streets, drives and parking areas or prohibiting, regulating or limiting stopping,
standing or parking in the parks.
B. Vehicle Owner Prima Facie Responsible for Violations: If any vehicle is found stopped, standing
or parked in any manner violative of the provisions of this Chapter and the identity of the operator
cannot be determined, there is a rebuttable presumption that the owner is responsible for such
violation.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 4, entitled "Facility Permit," is hereby amended by deleting Section 4 in its entirety
and substituting in its place the following:
A. Permit Required: It shall be unlawful for any person or group of persons to use any park or the
facilities of any park without complying with the requirements of Title 10 Chapter 1 including first
having obtained a parade/public assembly permit if applicable.
B. Secured Shelter: No person or sponsoring agency shall use a secured shelter without obtaining
the authorization of the Director or designee.
C. Park Facility: Any person or sponsoring agency may reserve a park facility by completing a filing
an application with the Director on a form prepared by the Director.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 5, entitled "Fees for Use of City Park and Recreation Areas and Facilities,"
Subsection B is hereby amended by deleting Subsection B in its entirety and substituting in its place the
following:
B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or
waive fees for use of park facilities or equipment for affiliate groups or organizations providing
public recreational opportunities and which are under the sponsorship or co-sponsorship of the
Parks and Recreation Depadment.
Ordinance No.
Page 19
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," is hereby amended by adding a new Section 11, entitled "Farmers Market," as follows:
10-11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply:
DIRECTOR: The Director of City Parks and Recreation Department.
FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan parking
ramp that is intended to provide an opportunity for individuals to sell permitted items that are
grown or produced by them, which conform to all applicable city, county, and state health and
safety provisions, including state department of agriculture regulations.
FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall
and to sell items in the Farmers Market.
PERSON: A natural person.
SEASON VENDOR: A Farmers Market Vendor who is authorized by the City to occupy a stall for
the entire season.
STALL: A space designated by the Director in the Farmers Market that a Farmers Market Vendor
is authorized to occupy in order to sell items consistent with the provisions of this chapter.
10-11-2: REGISTRATION
A. Authorization Required. No person shall sell or offer for sale any item at the Farmers Market
without authorization from the Director or designee.
B. Obtaining Authorization. In order to receive authorization, a person shall register with the
Director at least one (1) day in advance of the market date on a form prepared by the
Director.
C. Registration Form. The registration form shall contain the following information:
1. Name, address, and telephone number of the Farmers Market Vendor.
2. Agreement to indemnify the City.
10-11-3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION
The Director or designee shall examine the registration form and shall grant authorization if the
following conditions are met:
A. All applicable fees have been paid.
B. Astall is available.
C. The person has not had his or her Farmers Market authorization revoked in the last year.
D. If there are not sufficient stalls for all persons who apply for a stall, a Season Vendor from
the previous calendar year shall have priority over a person who was not a Season Vendor
from the previous calendar year.
10-11-4: APPEALS
A. Any party aggrieved by the decision of the Director to grant or deny authorization under this
Section may appeal within ten (10) calendar days of the date of the decision by filing a
written notice of appeal with the City Manager
B. The hearing shall be before the City Manager, who may reverse, affirm or modify, in any
regard, the determination of the Director based upon the standards enumerated herein.
The City Manager's decision is the final decision of the City.
10-11-5: REVOCATION OF AUTHORIZATION
A. Authorization may be revoked by the Director if:
1. The Farmers Market Vendor has misstated in any way material facts on the registration form
2. There is a material variance between the information on the registration form and the facts
reasonably ascertained by the Director,
3. When, by reason of disaster, public calamity, riot or other emergency, as determined by the
Director, City Manager, Fire Chief, or Chief of Police, that the safety of the public requires
such revocation.
4. The Farmers Market Vendor is operating in violation of the terms and conditions of the
authorization.
B. A person may appeal a revocation of authorization in the same manner as appealing the
denial of authorization as provided in this chapter.
10-11-5: ADMINISTRATIVE RULES
The Director is authorized to establish administrative rules. A copy of said rules shall be on file
with the City Clerk.
10-11-6: FEES
Fees for authorization of a Farmers Market Vendor shall be established by resolution of the City
Council.
Ordinance No.
Page 20
10-11-7: PENALTIES
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
SECTION I1. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION II1. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION iV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this __ day of ., 2004.
MAYOR
ATTEST:
CITY CLERK
Appr°~b~~L~ (~ ~, - ~ thc
City Attorney's Office
sue/OrdRes/PUPL Ord.doc
9
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE
AND PROPERTY," TO CREATE A UNIFORM PERMITTING PROCESS, TO
REQUIREMENTS FOR THE FARMERS MARKET, TO PROVIDE THE
NONCOMMERCIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON
TO MODIFY THE ON RESlDENTI;~ PICKETING, TO CLARIFY CURRENT
_ PROVISIONS MOBILE VENpE..RS AND AMBULATORY TO
CODIFY SPEC INISTRATIVE RULES AFFECTING SAID VENDOI AND TO MAKE
ADDITIC HANGES.
WHEREAS, becaus competing uses of the public streets, City Plaza,
and parks, it is necessary to ~ time, place, and manner requireme on those who seek to hold
parades and public assemblies;
WHEREAS, regulating the public ~ ensures pedestrians;
WHEREAS, it is desirable that be uniformity in the permi process and specific criteria to
guide and limit the discretion of city charged with granti or denying permits for used of City
property;
WHEREAS, except for groups or that are affiliated such as Iowa City Kickers,
the use of public property should be either depending on the type of use;
WHEREAS, rules regarding the length in City Plaza should
be enacted;
WHEREAS, City oversight of ambulatory and mobile vendors is primarily through
administrative rules which should be codified;
WHEREAS, the existing provision on focused res presents enforcement issues;
WHEREAS, the right of privacy and the feelin and tranquility which the residents of the
City should enjoy in their dwellings should be
WHEREAS, the practice of focused residenti~ before or about a dwelling, targeted at the
occupant or occupants of such dwelling causes ; and distress to the occupant or
occupants and disturbs the sense of peace and by individuals in their dwellings;
WHEREAS, there currently is no ' ' of the Farmers Market, and a registration
process should be created that sets up a ~ Market vendors to register for exclusive
use of a stall, to appeal the denial of said and to provide revocation of said authorization under
specific conditions; and
, to adopt theseaWendments.
WHEREAS, it is in the best interest, HE CITY COU F THE CITY OF CITY, IOWA:
NOW, THEREFORE, BE NCI~. O
SECTION I. AMENDMENTS.
Title 10, entitled "Use of Pul: Ways and Property," Chapter1, entitled "Parades and Public
Assemblies," Section 1, entitled and Exemptions," Subs~,ction A, entitled "Definitions," is
hereby amended by adding the fi new definitions:
AFFILIATED GROUP: lroup of persons or an entity engaged'~n sports and/or recreation
that
a) is affiliated with aP/ either sponsored or co-sponsored by the ~ity of Iowa City including, but
not limited to organ,~e youth soccer, boys' baseball, and g~rls' so~ball; and b) has executed a
memorandum of u/der tanding with the City for the use of public property.
APPLICANT: ~'pers~ ~ who applies for a parade/public assembly'~ermit as provided in this
Chapter. /
PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by th~,City for use of public
property, includin9 the public right of way, as provided in this Chapter.
PARK: Any park or playground owned or controlled by the City, including streets, trails, and
roadways therein.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
Ordinance No.
Page 2
PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than
~ (25) persons on the public right of way Or one-hundred (100) persons in a park -for a
common as a result of prior planning that interferes with the normal flow or regulation of
pedestrian vehicular traffic on the public right of way or in a park or occupies any area in the
public
The improved portion of public right of way dedicated to and/or intended
primarily for use.
Title 10, entitled of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 1, tied "Definitions and Exemptions," Subsection A, entitled is
hereby amended definitions of "Parade" and "Public Way" and substituting place the
following new definitions:
PARADE: A march or of more than twenty-five (25) persons, s
of tran,, bicycles, or combination thereof, in or upon the public or in
results in the exclusion, in whole or in part, of use public right of
way or the park by others.
PUBLIC RIGHT OF WAY: a on or below a bicycle lane,
alley, and public sidewalk is designed for vehicular, bicycle travel and
dedicated to public use, City Plaza as defined in Title 1~ Code
Title 10, entitled "Use of Public and Property," Chapter 1, "Parades and Public
Assemblies," Section 1, entitled and Exemptions," A, entitled "Definitions" is
hereby amended by repealing the ~itions of "demonstration," "protestor," and "public
entertainment" in their entirety.
Title 10, entitled "Use of Public Wa and Property," Cha 1, entitled "Parades and Public
Assemblies," Section 1, entitled and Exemptions," B, entitled "Exemptions," is
hereby amended by deleting Subsection i in its place the following:
B. Exemptions: The following Chapter:
1. Funeral processions.
2. A gathering of an affiliated group or
3. Students going to and from school g in educational activities, provided
that such conduct is under the imm~ direction and supervision of the proper school
authorities.
4. Spontaneous events occasioned or affairs coming into public knowledge within
three (3) days of such public that the organizer thereof gives
written notice to the City at le (24) hours prior to such parade or public
assembly. ~/
Title 10, entitled "Use of Public and Prope ," Chapter 1, entitled "Parades and Public
Assemblies," Section 2, entitled and Con' Required," is hereby amended by deleting
Section 2 in its entirety n its
A. It shall be unlawful for an group of to engage in, present, conduct or stage a
parade or public assem without first having a parade/public assembly permit as
provided in this Cha
B. No person shall kn~ participate in or conducl parade or public assembly unless a
has been obtained.
C. All parades and shall be conducted accordance with the provisions of the
applicable State and local laws.
No person knowingly fail to comply with the and conditions of a parade/public
D. No person unreasonably hamper, obstruct, impede, interfere with any parade or public
assembly or with any person, vehicle or animal or used in any parade or public
assembly.
Title 10, entitled "Use of Public Ways and Property," 1, entitled "Parades and Public
Assemblies," Section 3, entitled "Application for Permit," is by deleting Section 3 in its
entirety and substituting in its place the following:
A. Filing Application:
1. An application for a parade/public assembly permit shall be filed with the City Manager or
designee by any person or group of persons desiring to use any public right of way as
provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a
Ordinance No.
Page 3
natural person who has authority to act for the applicant with regard to the parade or public
assembly.
2. All applications shall be filed at least three (3) working days in advance of the date of the
requested use.
3. Applications shall be made on forms prepared by the City Manager or designee.
B. ~lication Form:
3pplication form shall contain the following information:
1. ~ applicant.
2. be signed by a natural person that he or she has ~ over the
.~ or public assembly.
3. is planned, namely parade, or public assembly.
4. Pro location or locations.
5. E;~ ize of group.
6. Date duration of the use.
7. Names an, of the persons to be in charge of the specified
location.
8. Names and of any persons to be featured or speakers.
9. List and of mechanical or electronic equipm to be used, including sound
amplification.
10. Number and type of ~ motor vehicles or other forms including
bicycles.
11. Number and type of an to be used.
12. Proposal to monitor the ~g the nan of any person not employed by the City
who will be setting up, cleani up, or maintaining order and whether the
ed to assist in g order.
13. Proposal for cleanup.
14. An agreement in which the to:
pay on behalf of the City City shall be obligated to pay by reason of any
liability imposed upon the city for ~ges of any kind resulting from use of public property
and the public right of way, sustained by any person or person, caused by accident
or otherwise and shall defend at and on behalf of the City any claim against
the City arising out of the use ~ and the public right of way.
15. Insurance is required nount necessary to minimize risk of harm to persons
and property based on the and of the event, as determined by the City's Risk
Manager. The insurance uirement be waived if applicant demonstrates inability to
obtain insurance or to
16. An~ City r designee finds necessary.
Title 10, entitled "Use of Ways and Chapter 1, entitled "Parades and Public
Assemblies," Section 4, ~r Denial wit," is hereby amended by deleting Section 4 in
its entirety and substituting in i )llowing:
A. Standards for Issu; of Permit: The City or designee shall grant or deny the
application for a writing, which shall by ordinary mail or personally delivered to
the the reasons therefore with (7) working days of the application
being ~o later than the day prior to ~g the application is timely filed.
The City Ms or ~gnee shall examine the )lication and shall grant a permit if the
following ¢
1. The not unreasonably interfere with the safety, security, convenience and
of the residents or inhabitants of the area in light of the date and time of said
use.
2. The proposed public right of way can accommodate the group or use, based both on group
size and on health and sanitation facilities, whether available or to be provided by applicant.
3. The proposed use or activity is compatible with the normal activity of the proposed public
right of way at the requested time or date.
4. The application demonstrates the applicant has the means, planning and coordination to hold
the proposed event, considering the time of day, location, public facilities available, traffic
control, parking requirements and any monitoring required to protect the public health and
safety.
Ordinance No.
Page 4
5. The event will not interfere with either another event for which a permit has already been
granted or an event organized and conducted by the City for the same date and time
6. The use will not substantially interrupt the flow of street and/or pedestrian traffic
7. The will not require the excessive diversion of police from other duties or substantially
~ with the City's firefighting operations.
8. not create undue health or safety hazards
9. All a de fees have been paid.
10. The ~ and executed.
11. been signed.
12. A ~surance showing compliance with this section has been provi~d.
13. The application ntains no material falsehood or misrepresentation. /
14. The applicant is to contract and to sue and be sued.
15. The applicant has damaged City property, and if the applicant has ~ has been
paid in full, and has all other outstanding and unpaid debts to the (:
16. The use by the applicant is not prohibited by law.
17. The applicant paid ~ costs, if any, within thirty (30) days of date of invoice as the
result of a previous
18. Additional police protectior [ required under this chapter,
B. Contents and Con. The permit shall contain the foll~ information:
1. Name, address, and tele number of permittee.
2. Time, date and place of the witted activity.
3. If a parade, area.
4. Number of monitors or policin~ required for s use of the public right of way.
5. Such other information that City Manager designee finds necessary for the
enforcement of this Chapter.
Title 10, entitled "Use of Public Property,' 1, entitled "Parades and Public
Assemblies," Section 5, entitled "Appeals Denial of Permit," is hereby amended by
deleting Section 5 in its entirety and substituting in i
A. Any party aggrieved by the City Manager's nee's decision to grant or deny a permit under
this Chapter may appeal the determination I City Council if, within five (5) working days after
the decision, the party files a written appeal with the City Clerk. In such event, a hearing
shall be held by the City Council no later regularly scheduled meeting, assuming the
appeal is filed in time to allow notice, in accordance with Chapter 21 of the Iowa
Code.
B. Upon such hearing, the City may, upon the standards enumerated herein,
reverse, affirm or modify in the C Manager's or designee's decision. The City
Council's decision is the final ~
Title 10, entitled "Use of Publ and Prope Chapter 1, entitled "Parades and Public
Assemblies," Section 6, entitled vocation of Permit," , amended by deleting Section 6 in its
entirety and substitutir ~g:
The City Manager or or the City Council if following an appeal, may revoke a
parade/public assem if:
A. it is determ any ~ the application,
B. there is a and material variance between information in the application and the
actual facts o~ ]ppear reasonably to
C. when it is by the Chief of Police or the Fir by reason of disaster, public
calamity, ~ ~ublic safety requ such revocation,
D. the s been cancelled, or
E. the operating in violation of the terms and ditions of the permit or local, state, or
aw.
A permit holder may appeal the revocation in the same manne~ I the issuance or denial of
a permit.
Title 10, entitled "Use of Public Ways and Property," 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 7, entitled "Sale or Assignment of Permit," as
follows:
The sale, transfer, or assignment of a permit is prohibited.
Ordinance No.
Page 5
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 8, entitled "Fees," as follows:
Fees for permits shall be set by resolution of City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows:
A. The Chi, Police or designee shall determine whether and to what extent additional police or
is reasonably necessary for the parade or public assembly for traffic control
and The Chief of Police or designee shall base this decision on the size, location,
duration and date of the event, the number of streets and intersections blocked, and the
need preempt citizen travel and use of the public right of way. The speech content of
the event be a factor in determining the amount of police protection nE If
possible, without ~ruption of ordinary police services or compromise of public
scheduled police the event. If additional police or securi for
the parade or is deemed necessary by the Chief of Police designee, the
applicant shall be so The applicant shall have the duty to secure ti security
protection deemed by the Chief of Police or designee at the expense of the
applicant.
B. Persons engaging or public assemblies conducted for the sol public issue
speech protected Amendment are not required to any police protection
provided by the City.
Title 10, entitled "Use of Public and Property," Chapter 1, "Parades and Public
Assemblies," is hereby amended by addin i new Section 10, "as follows:
Any violation of this Cha considered a simple mi.~ cipal infraction as
provided for in Title 1, ; Code.
Title 10, entitled "Use of Public Ways Cha entitled "Public Demonstrations," is
hereby amended by changing the title of Cha I to "Picketing.
Title 10, entitled "Use of Public Ways and 2, entitled "Public Demonstrations,"
Section 1, entitled "Definitions," is hereby g new definitions:
PICKETER: A person who engages in or without signs or placards.
PICKETING: The practice of standing, m; Ig, congregating, protesting, demonstrating, or
patrolling by one or more persons for purpose of persuading, discussing, educating,
advocating, or informing another person c ~ns or for the purpose of protesting some action,
attitude, policy, or belief..~_.random, or other everyday communication.
PRIVATE
RESIDENCE:
duplex, o~ multi-family dwelling.
PUBLIC RIGHT OF WAY: The or belew a~ublic roadway, highway, street, bicycle lane
alley, and public sidewalk whi, designed for'~ehicular, bicycle or pedestrian travel and
dedicated to public use, includin) , Plaza as defin~l in Title 10 Chapter 5.
PUBLIC SIDEVVALK: The im.~c portion of public~"ight of way dedicated to and/or intended
primarily for pedestrian use/ \
RESIDENTIAL PICKETING: Picketing that is directed, ~cused, or targeted at a particular private
residence and that take/place directly in front of the p~rticular private residence or the private
residences on either s,i~e of the targeted private residence~
RESIDENTIAL Z N,,~..' AIl Zones defined in Title 14, Chapter 6, Article D of this Code.
Title 10, entitle,~ "Us ~f Public Ways and Property," Chapte~ 2, entitled "Public DemonstrationS,''
~ection 1, entitled Defln :)ns," is hereby amended by deleting the ~eflnitions of "demonstration," "picket,"
protester," and "public "in their entirety. ~
Title 10, entitled of Public Ways and Property, Chapte" '"'---' r,'2, entitled "Public Demonstrations,"
Section 2, entitled ' of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby
amended the title of Section 2 to "Use of Sidewalks for Picketing."
Title 10, er "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 2, en of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby
amended Section 2 in its entirety and substituting in its place the following:
A. picketing except as authorized by a parade/public assembly permit issued under Title 10,
Chapter 1 of the Code, shall be conducted on that portion of the streets used primarily for
vehicular or bicycle traffic.
B. Interference with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct
free passage of any pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or
egress to any business or public facility.
Ordinance No.
Page 6
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 3 entitled "Prohibited Acts and Conditions," is hereby amended by deleting Section 3 in its entirety,
by substitutinc ~g, and by entitling the new Section 3 as "Residential Picketing":
A. Jnlawful for any person to engage in residential picketing.
B. Nothinc ~in shall prohibit: 1) The residential picketing of a residence which is used as the
occupant's ~ place of business; 2) The residential picketing of a private residence used as a
public meetin A person or group of persons from marching without stopping at a particular
private or 4) A person or group of persons from marching on a defined route without
residence.
C. Before a person be cited for violation of this provision, the person must have
move, disperse, erwise remedy the violation by either a police officer or a with
authority to control private residence which is the focus
picketing.
Title 10, entitled "Use of ic Ways and Property," Chapter 2, entitled "Pub Demonstrations,"
Section 4 entitled "Advanced of Proposed Picketing, Protesting or is hereby
amended by deleting its place the following:
A. Police officers are persons who are picketing picketing is
in violation of this Cha public health, safety ~ ' flow of traffic.
B. It shall be unlawful for an' to refuse to disperse or move so directed by a police
officer as herein provided.
Title 10, entitled "Use of Public ~nd Property," Chapter 2, "Public Demonstrations,"
Section 5 entitled "Duty to Disperse as by Police," is ~y deleting Section 5 in its
entirety.
Title 10, entitled "Use of Public Ways Cha~ 2, entitled "Public Demonstrations,"
Section 6 in its entirety.
Title 10, entitled "Use of Public Ways 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," by adding the following new definitions:
APPLICANT: A person who applies for apE this Chapter.
MOBILE VENDING LOCATION: An area to operate a mobile vending cart as
determined and assigned by the City or designee, in writing within the boundaries of
city plaza and the 100, 200, and 300 the operation of mobile vending
cads. Each mobile vending permit shall c the authorization to operate at one or two (2)
designated locations.
MOBILE VENDOR PERMIT: Written the City for use of public property, including
public right of way, by a mobile
PERSON: Any natural or person, association or other business entity
including, but not limited to, a p, a subdivision, a public or
private agency of any kind, a successor or assi nee of any of the foregoing, or any other
legal entity.
TEMPORARY USE OF ~ by the City for use of sidewalk
as provided in this Ch~
Title 10, entitled "Use Ways and Property," Ch~ 3, entitled "Commercial Use of
Sidewalks," Section 1, ," is hereby amended I the definition of "public right of
way" and substituting in i dace the following new definition:
PUBLIC RIGI- The area on or below a street, bicycle lane,
alley, and sidewalk which is designed for vehicula~ bicycle or pedestrian travel and
dedicated including City Plaza as defined 10, Chapter 5 of the Code.
Title 10, "Use of Public Ways and Property," 3, entitled "Commercial Use of
Sidewalks," 2, entitled "Use of Public Sidewalks Restricted," is hereby amended by deleting
Section 2 in and substituting in its place the following:
~y commercial purpose, including sidewalk cafes, shall be unlawful
specifically provided herein or as specifically authorized by this chapter.
Titl~ 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 4, entitled "Number of Permits; Use Limitations; Excluding Side-walk Cafes and
Mobile Vending Cads," is hereby amended by deleting Section 4 in its entirety, by substituting in its place
the following, and by entitling new Section 4 as '~Temporary Use of Sidewalk Permits":
The City Manager or designee is authorized to issue no more than two Temporary Use of
Sidewalk Permits per calendar year to businesses or business organizations for any commercial
Ordinance No.
Page 7
purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory
and mobile vending carts. Temporary Use of Sidewalk Permits shall be limited to the
rem use of sidewalks and public right-of-way abutting said businesses and shall be limited
to no ; than three (3) days for any one permit.
A. Applicatio
1. Filinc ~lication.
a. An ~lication for a Temporary Use of Sidewalk Permit shall be filed with the City
Man or designee by any person or group of persons desiring to use the of
way as in this Chapter. If the applicant is not a natural person, application
shall i~ f a natural person who has authority to act for the applicant v regard to the
parade or )lic assembly.
b. All ; shall be received five (5) days before proposed use.
c. Applications be made on forms prepared by the City Manager
2. Application Form.
The application ~ ~all contain the following information:
a. Name, address applicant.
b. An ackn to be signed by a natural she has authority over
the permitted use sidewalk.
c. Name and address of a )licant's business.
d. Days and hours of re(
e. Description of use.
e. An agreement in which the )licant shall agree to:
pay on behalf of the City ~ms which the City be obligated to pay by reason of
any liability imposed upon , for dama any kind resulting from use of public
properly and the public whether s by any person or person, caused
by accident defend own expense and on behalf of the City
any claim against the City arisinc~ of public property and the public right of
way.
f. Insurance as required in a reasor amount necessary to minimize risk of harm to
persons or property based on the and size of the event, as determined by the
City's Risk Manager. The requirement may be waived if applicant
demonstrates inability to obtain i~ r to pay the cost of insurance.
g. Any other information that the Manager~r designee finds necessary.
B. Issuance or Denial of Permit. ~
1. Standards for Issuance of The City Manager or designee shall grant or deny the
application for Temporary of Sidewalk Permit in writing, which shall be mailed by
ordinary mail or persona,, ~ applican~,and state the reasons therefore within
seven (7) working days application being filed.~The City Manager or designee shall
examine the application shall issue said permit if the,following conditions are met:
a. The applicant's pr,o~ J use will not impede the fre~,flow of pedestrian traffic along the
public right of wa)~o~ or out of adjacent properties. ~
b. All applicable f, jifes have been paid. ~
c. The applicati?'n is fully completed and executed. ~
d. The indemj)Eication agreement has been signed. '~
e. Acer :~/e of insurance showing compliance with this sect~n has been provided.
f. The ~ ~ication contains no material falsehood or misrepres~,ntation.
g. The ~ dicant is legally competent to contract and to sue and~be sued.
h. )licant has not damaged City property, and if the apl:llicant has, the damage has
in full, and has paid all other outstanding and unpaid debts to the City.
i. has already been issued for the same time and place.
j. not conflict with previously planning programs organized and conducted by
Iy and previously scheduled for the same time and place.
2. Conditions of Permit. The permit shall contain the following information:
a. Name, telephone number, and address of permittee.
b. Time, date and place of the permitted activity.
c. The permittee shall only offer for sale its own goods and products and shall not offer for
sale any tobacco product.
Ordinance No.
Page 8
d. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
C. s. Any party aggrieved the City Manager's or designee's decision to grant or deny a permit
Chapter may appeal the determination to the City Council if, within five (5) working
[he decision, the party files a written notice of appeal with the City Clerk. In such event,
a hearin be held by the City Council no later than its next regularly scheduled meeting,
assumin appeal is filed in time to allow notice of said appeal in accordance with Chapter 21
of the Iowa Upon such hearing, the City Council may, based upon the standards
enumerated reverse, affirm or modify in any regard the City Manager's or designee's
decision. The decision is the final decision.
D. The sale, transfer, ( ' r~ment of a temporary use of sidewalk permit is expressly prohibi
E. Revocation City Manager or designee, or the City Council if issued follovC~Sg an
appeal, may revoke a /
1. It is determined by Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or safety requires such revocation is n/e~cessary to
protect health, welfare
2. The permitee has any material fact in the application
3. There is a substantial material variance between the information in th~;application and
the actual hich appear reasonably to have occurred.
/
4. The permitee is operating in lation of the terms and conditions of the p/e'rmit.
5. The permitee is operating in of the permit or Iocal?~state, or federal law.
6. The permitee's insurance cancelled.
A permit holder may appeal the in the same manner as the issuing or
denying of a permit.
F. Fees. Fees for permits shall be set by )lution of City Council.
Title 10, entitled "Use of Public Ways and Chapter "Commercial Use of
Sidewalks," Section 5, entitled "Use by Mobile is by deleting Section 5 in its
entirety and substituting in its place the following:
A. Application for Permit
1. Filing an Application.
a. An application for a mobile vendor y Manager or designee
by any person or group of persons desirir right of way as provided in
this Chapter. If the applicant is not a natural the applicant shall identify a natural
person who has authority to act for the with regard to the mobile vending
operation.
b. All applications for mobile vendor permi received by January 31 of the calendar
year for which the permit will
c. Applications shall be made on form City Manager or designee.
2. General Provisions
a. No more than five (5) permits issued year for the City Plaza and
no more than two issued each ]lendar year for the 100, 200, and
300 blocks of Iowa Avenue.
b. No tobacco or alcoholic shall be offered for
c. At a minimum, mobile shall operate following hours from May 1 to
October 1: (1) 11:00 a. p.m. on Monda' Saturday; (2) 5:00 p.m. to 8:00
p.m. on Thursday ]gh Saturday; and (3) three hours each day on
Monday through We selected by the permitee.
3. Application Form
The application form contain the following information:
a. Name, telephone number of the applicant.
b. An gned by a natural person that he or she has authority over
the
c. List of pa issued.
d. of food and/or beverage product to be sold.
e. 3r locations of operation.
f. Electrical appliances to be used.
g. Fuel needed to power equipment.
h. Hours of operation.
Ordinance No.
Page 9
i. Months of operation.
j. Location of overnight cad storage.
k. Description of cart including its dimensions.
The three (3) additional hours the permitee has selected to operate on Mondays through
Wednesdays.
m. An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay by reason of
any liability imposed upon the city for damages of any kind from use of public
property and the public right of way, or person, caused
by accident or otherwise and shall defend at its own expense behalf of the City
any claim against the City arising out of the use of public and the public right of
way.
n. ment that the applicant has contacted Johnson County Health
and has reviewed health code requirements.
o. Insurance uired in a reasonable amount to minimize risk of harm to
persons based on the intended use determined by the City's Risk
Manager.
p. Any other that the City Manager or de finds necessary.
a. Issuance or
Standards. The City designee shall grant o the application for a mobile vendor
permit in writing within a ,le time, which shall mailed by ordinary mail or personally
delivered to the applicant, and state reasons later than sixty (60) calendar days after
the application being flied. The len( f time which is r, be determined by the type of
use requested, the information supplie the time the )lication is filed, and the extent of advance
preparation and planning reasonat: uired. The City Manager or designee shall
issue a permit if the following conditions
1. A mobile vending location is avai will not interfere the free movement within the
emergency/service lane.
2. The applicant's proposed mode of will not impede the free flow of pedestrian
traffic along the public right of way or ,r out of adjacent properties.
3. The applicant agrees to operate the icant's business only at assigned mobile vending
locations.
4. The dimensions of the applicant's not exceed a size of four feet (4') wide
by nine feet
5. The applicant has adequate e for the g cart off the city plaza or public
right of way.
6. The applicant has obtained necessary required by the county department of
health.
7. All applicable fees hav paid.
8. The application executed.
9. The indemnification agr has been signed.
10. A certificate of insurar g has been provided.
11. The
12. The applicant has damaged City property, and ~r [ne\applicant has, the damage has
been paid in full,,~ he applicant has paid all other outst~,nding and unpaid debts to the
City. / X
13. The applicant I~s complied with applicable laws concerning thee sale or offering for sale of
anygoods or/;rvices. - ~
14. The use or ~::ti fity intended by the applicant is not prohibited by la~v.
15. No other n]fobil ! vendor permit has been issued for substantially th~same food or beverage
product./ ~
Contents and Co/dition$ of Permit: The permit shall contain the following inforn~tion:
1. Pe ~('ee's nan e, telephone number, and address. ~
2. Tlr ~, date and place of the permitted activity. ~
3. .F permitee's mobile vending ocat on ~
4. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
C. Appeals
Ordinance No.
Page 10
Any party aggrieved by the City Manager's or designee's decision to grant or deny a mobile
vending permit may appeal the determination to the City Council if, within five (5) working days
after the decision, the party files a written notice of appeal with the City Clerk. In such event, a
hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21
of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enum herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. City Council's decision is the final decision.
D. The sal~ or assignment of a mobile vending permit ' ~ibited.
E. Revocation The City Manager or designee, or City following an
appeal, ma e vending permit if:
1. It by the Chief of Police or the Fire Chief that, by of disaster, public
calamity, riot ther emergency, the public safety requires such
2. The permitee misstated any material fact in the application
3. There is a material variance beb~veen the in the application and
~ppear reasonably to e occurred.
4. The permitee ] a mobile vending cad permit.
5. The , has been cancelled.
6. The permittee violates; administrative rules.
A permittee may in the same man the issuance or denial
of a permit.
F. Fees. Fees for mobile vendir shall be of City Council.
G. Administrative Rules. The City anager is to establish administrative rules not
inconsistent with any ordinance to ry out the Chapter. A copy of said rules
shall be on file with the City Clerk.
Title 10, entitled "Use of Public Ways 4, entitled "Posting Bills" is hereby
amended by changing the title of chapter 4 from g Handbills."
Title 10, entitled "Use of Public Ways and ," Chapter 4, entitled "Posting Bills," Section 1,
entitled "Definitions," is hereby amended by adding new definitions:
COMMERCIAL HANDBILL: Any printed or matter, any sample or device, circular, leaflet,
pamphlet, paper, booklet, or any other pri otherwise reproduced original or copies of any
matter or literature: (1) which advertises 1 any merchandise, product, commodity, or thing
(2) which directs attention to any or commercial establishment, or other
activity, for the purpose of either directl promoting the interests thereof by sales; (3)
which directs attention to or theatrical performance, exhibition, or event
of any kind, or (4) which, while matter other than advertising matter, is
predominantly and essentially an distributed or circulated for advertising
purposes, or for the private and gain of person so engaged as advertiser or
distributor.
NONCOMMERCIAL not a newspaper.
PERSON: Any natural or person, or other business entity
including, but not limited to, artnership, , a political subdivision, a public or
private agency of any kind, a successor or assignee any of the foregoing, or any other
legal entity. \
Title.10, entitled."Use of Pub Ways and Property," Chapter 4, e~titled "Posting Bills," Section 1,
entitled Definitions, is hereby,¢ nded by deleting the definition of "b~llposters and distributors" in its
entirety. ,, / ~
Title. 10, entitled Use of)~ub Ways and Property," Chapter 4, entit~d "Posting Bills," Section 2,
entitled Manner of Dist ~t~n Generally; Unlawful Distributions of Public V~ays." is hereby amended by
deleting Section 2 in its E ;~ty and substituting in its place the following:~
Distribution of, lmercial handbills and noncommercial handbills '~hall be made in such a
manner so as n~ ~ create a public nuisance. ~
Title 10. entitled of Public Ways and Property," Chapter 4, entitled '~°osting Bills," is hereby
amended by addin 3, entitled "Posting of Handbill Prohibited," as fbllows:
no person shall post, stick, stamp, paint or otherwise affix, or
cause same to be done by any person, any commercial handbill or noncommercial handbill
calculated to attract the attention of the public, upon any right-of-way or any lamp post, electric
light, telephone pole, bulletin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon
Ordinance No.
Page 11
the columns, trusses, girders, railings, gates or other public part of any public bridge or viaduct, or
other public structure or building, or upon any pole, box or fixture of the fire alarm except as may
be authorized or required by law.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 3,
entitled "Billboard Maintenance Requirements" and Section 4, entitled "Penalties", are hereby amended
by renumbering Section 3 as Section 4 and renumbering Section 4 as Section 5 respectively.
Title 10, "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 1,
entitled "Purpose hereby amended by adding new Subsections E and F as follows:
E. Supporting ~mic activity by allowing venders to sell their goods in City Plaza.
F. Ensuring s in City Plaza.
Title 10, entitled Public Ways and Property," Chapter 5, entitled Plaza," Section 2,
entitled "Definitions," is adding the following new definitions:
AMBULATORY PERMIT: Written authorization by the City ~se of public property,
including public by an ambulatory vendor as provided in
APPLICANT: A person permit as provided in this Ch
ARTS AND CRAFTS: An that is assembled, created, in final form for
sale or display by an individual not by machine.
ARTS AND CRAFTS selling or displa nd crafts in Zones 1, 2, and
$.
MOBILE VENDOR PERMIT: property, including
public right of way, b~ ~ provided in Chapter
NEWSPAPER: Any newspaper of I circulation as by general law, any newspaper
duly entered with the U.S. in accordance ' federal statute or regulation, and
any newspaper filed and recorded by general law. And, in
addition thereto, shall mean and include current magazine regularly published
with not less than four issues per year, and
PERSON: Any natural or corporate association or other business entity
including, but not limited to, a partnership, a sole a political subdivision, a public or
private agency of any kind, a utility, a successor ~ ' ~ee of any of the foregoing, or any other
legal entity.
PUBLIC RIGHT OF WAY: The area on or roadway, highway, street, cartway,
bicycle lane, alley, and public sidewalk for vehicular, bicycle or pedestrian
travel and dedicated to public use, including
ZONE 1: The ten-foot (10') strip directly property lines in City Plaza. Zone 1
extends the length of the City laza. Zone 1 is illustrated on the City
Plaza Map that is kept on file in the which can be amended, from time to
time, by resolution of the City Council.
ZONE 2: The six-foot (6') in the djoining Zone 1 on each side, the
landscaped areas, the other areas as specified on the
City Plaza Map. Zone 2 is on the City Plaza Map on file in the office of the
City Clerk, which can be from time to time, by resolutic of the City Council.
ZONE 3: The in City Plaza. Zone 3 City Plaza Map
that is kept on file in the the City Clerk, which can be from time to time, by
resolution of the Cit
Title 10, entitled "Use of Pu Ways and Property," Chapter 5, "City Plaza," Section 2,
entitled "Definitions," is hereby a ~y deleting the definitions of "ambulatory vender" and "kiosk" and
by substituting in their place new definitions:
AMBULATORY VEN A person selling goods or services while moving through Zones 1, 2
and 3 and operatin ~ithout the use of a mobile vending cart and with a minimum of equipment
such as a person balloons and a portrait artist.
KIOSK: A small ~ublic-owned structure that is stationary and that contains newspaper vending
units.
Title 10, entitled se of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled is hereby amended by deleting the definitions of "mobile vending cart" and "mobile
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 3,
entitled "Description of Mall Zones," is hereby amended by deleting Section 3 in its entirety.
Ordinance No.
Page 12
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 4,
entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its
entirety and by substituting the following new section in its place and renumbering it Section 3:
A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended
within city plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post
or structure other than a bicycle rack.
B.Nonmotorized Vehicles. No person shall travel upon or operated a nonmotorized vehicle within
the city except for a persons with disabilities using a vehicle designed ' use by person
with
Title 10, entitled of Public Ways and Property," Chapter 5, entitled Section 5,
entitled "Motor Vehicle is hereby amended by deleting Section its entirety and by
substituting the followir section in its place and renumbering it Section 4:
No person shall ~ motor vehicle, except emergency vehicles, the limits of city plaza
without by the city manager or designee:
A. Any business located property which does not otherwise abut ~ right of way other than
city plaza may be ! I continuous motor upon a showing that such is
necessary to provide for delivery of goods to or from Such authorization shall
allow the vehicle within the ' plaza only during ~g.
B. Any person may be g authorization that the placement or operation of
a motor vehicle upon for a specified, limited per of time is necessary for delivery or
other legitimate purpose.
Title 10, entitled "Use of Public and Property," 5, entitled "City Plaza," Section 6,
entitled "Removal of Snow and Ice lations from Buildi Runoff," is hereby amended by deleting
Section 6 in its entirety and by substitutir in its place and renumbering it Section
5:
Removal of accumulations of snow in Zor 1 of city plaza resulting from building runoff
shall be the responsibility of the
Title 10, entitled "Use of Public Ways and Chapter 5, entitled "City Plaza," Section 7,
entitled "Animals Restricted," is hereby amended ting Section 7 in its entirety and by substituting the
following new section in its place and renumbering it 5 6:
No person shall take, accompany or allow animal into city plaza except as permitted in Title
8, Chapter 4, Section 12 of the Code. Thi: ;ion shall not apply to an animal trained to assist
persons with disabilities or an confined within an animal carrier, kennel,
cage, or crate and does not create a e.
Title 10, entitled "Use of Public Ways Chapter 5, entitled "City Plaza," Section 8,
entitled "Use of City Plaza," is 8 in its entirety and by substituting the
following new section in its place and it Section
A. Private Uses Authorized in Each;
1. Zone 1:
a. Ambulatory Vender Arts and Crafts Permits, Sidewalk Cafb Permits,
Parade/Public Asseml Permits.
b. Building extensions in the sole judgmer the city council, such extensions
enhance the <
c. Landscaping with ~fthe City Manage~ r designee.
d. Display window )f the Manager or designee
e. Building front a~ of the extension is the same
as with the permission of the City Maria or designee.
2. Zone 2:
a. Permits under either this chapter or Chapter 1.
b. Landscapi nee.
c. NewspaF
3. Zone 3:
a. Amb~ Vendor Permits.
B. Modification Plaza Landscaping: City Plaza landscaping may be or removed to a
limited if the net effect enhances the ambience of the City Plaza if approved by the
City or designee. In such cases, the person must agree to restore the City Plaza
landscaping to its original condition and provide a bond or escrow account in an amount
determined by the City Manager or designee.
Qrdinance No.
Page 13
C. Days and Hours of Operation: Buildings extended onto the City Plaza are to be open at least
during normal retail business hours, Monday through Saturday, throughout the year. Mobile
venders shall operate during the times proscribed in this chapter.
D.The City Manager or designee may:
1. Require a reasonable amount of insurance coverage for any use in the City Plaza not
inconsistent with other provisions of this Title to minimize the risk of harm to persons and
property when the activity or event being sponsored on City Plaza creates a higher than
usual risk of City or public liability exposure due to the nature of the activity or event or due to
the expected number of participants or spectators as ; City's Risk Manager;
2. Waive thee insurance requirements for events or activities .~ the agencies of the
State, thd~,University of Iowa or other governmental subdivisions ~ided such entities enter
into an ag~ement satisfactory to the City Attorney to protec~ the City, its
officers, agc:~ts and employees from and against all claims, ~its, damages, losses and
expenses in ~y manner resulting from or arising out ~,f ti or event covered by the
permit or to accept full responsibility for safe activity or and to defend the City, its
officers, agents a'~d employees with regard thereto.
E. Newspaper Vending U1 ts in Kiosks:
1. the newspaper vending units
2. Upon the filing of an by a newspaper with the er or designee and upon
payment of an annual; ministrative fee, payable April ./ear and set by City Council
~le one unit in a ~ Each newspaper may utilize only
one )lications does not ~
3,. If the number of exceeds the kiosk units, the City will handle the
applications on a lottery City Manager or designee prior to April
1 of each year. After com of the lottery, [y Manager or designee shall
provide written notice of the results the requesting newspapers. The selected
newspapers shall pay ~ee to the City Manager or designee.
4. The newspaper which pays the and is assigned a space may not affix a
logo or sign to its assigned unit.
5. Nothing in this subsection shall to limit or interfere with alternative methods of
distribution available to newspapers th~ ~hout the city, as permitted by federal law.
F. Placement of Noncommercial and Objects.
1. No person shall place any noncommercial object in City Plaza without
authorization issued by the City Man; ~signee.
2. To obtain authorization, the pers the City Manager or designee of the
proposed duration of the placem~ the location of the object, and the physical
dimensions of the object.
3. Upon receipt of such City Man~ r or designee shall promptly authorize the
display for a maximum of thirty ~r~-year period, unless the City Manager or
designee finds that said obje~ impede the flo~v of pedestrian traffic at the proposed
location. If the City Manage, for designee finds th~ said object will impede the flow of
pedestrian traffic at the proposed location, then the Cif~ Manager or designee shall deny the
authorization in writing. / ~,
4. Any party aggrieved by t~fe City Manager's or designe~s decision to grant or deny such
authorization may appeal/{he determination to the City COL~nCil if, within five (5) working days
after the decision, the p~)(,ty files a written notice of appeal ~th the City Clerk. In such event,
a hearing shall be held ~y the City Council no later than its nb~xt regularly scheduled meeting,
assuming the appeal i~'filed in time to allow notice of said app~tal in accordance with Chapter
21 of the Iowa Code./Upon such hearing, the City Council m~, based upon the standar_d,s
enumerated herein, ~verse, affirm or modify in any regard the (~ty Manager's or designee s
decision. The City ClOuncil's decision is the final decision. ~
5. No person shall pl~(ce any free-standing commercial object in City F~aza.
Title 10, entitled "Use of/Public Ways and Property," Chapter 5, entitled'~City Plaza," Section 9,
entitled "City Use Permits,~'is hereby amended by deleting Section 9 in its enti~ty, by substituting the
following new section in its/place, renumbering it Section 8, and by entitling new Section 8 as "Uses of City
Plaza": ?'
A. Mobile Vendors! The requirements for mobile vendors in City Plaza are identical to those for
mobile vendors as provided in Title10, Chapter 3, Section 5 of the Code.
Ordinance No.
Page 14
B. Ambulatory Vendors:
1.Application for Permit
a. Filing Application.
(1) An application for a ambulatory vendor permit shall be filed with the City Manager
or designee by any person or group of persons desiring to use the public right of way as
provided in this Chapter. If the applicant is not a natural person, the applicant shall
identify a natural person who has authority to act for the applicant with regard to the
ambulatory vending operation.
(2) All applications must be received at least five (51 days by before the
(3) pplications shall be made on forms prepared by ti City Manager or designee.
b. Form
The .hall contain the following inform
(1) address, and telephone number of the ~
(2) An ment to be signed by a person that he or she has the
~ act on behalf of the ambulatory I operation.
(3) List of
(4) old.
(5) Hours of c
(6) Months ~n.
(6) An agreement in hich the applicant ~ tee to:
pay on behalf all which the City shall be obligated to pay by
reason of any imposed n the city for damages of any kind resulting
from use of public right of way, whether sustained by any
person or person, or otherwise and shall defend at its own
expense and on any claim against the City arising out of the
use of public property ar public right of way.
(7) Acknowledgment that the has contacted the Johnson County Health
Department and has requirements.
(8) Fee.
(9) Insurance is required in a le amount necessary to minimize risk of harm to
persons or property and size of the event, as determined by
the City's Risk The requirement may be waived if applicant
demonstrates ' the cost of insurance.
(10) Any other informatioi or designee finds necessary.
2. Issuance or Denial of Permit
Standards. The City or designee or deny the application for the
a reasonable time, ch shall be mailed by ordinary mail or
personally delivered to the )licant and stating the OhS therefore no later than sixty (60)
working days of the appli g filed. The length ~ time which is reasonable shall be
determined by the type o requested, the pplied, the time the application is
filed, and the extent ( preparation and demonstrated and reasonably
required. The City M~ or designee shall issue an ibulatory vendor permit if the
following conditions or will be met.
a. The application received at least five (5) working days proposed start of
operations.
b. The applicant v }perate without the use of a mobile vendir with a minimum of
equipment.
c. The proposed mode of operation will not flow of pedestrian
traffic along city plaza right of way, nor shall it such pedestrian
movement ir establishments fronting on the plaza.
d. The applica/n[ will, ,nduct the vending completely within the of city plaza.
e. The applicl~nt has obtained all necessary permits required by the ~, department of
health./
f. All app~able fees have been paid in full.
g. The aPplication is fully completed and executed.
h. The indemnification agreement has been signed.
i. A certificate of insurance showing compliance with this section has been provided.
Ordinance No.
Page 15
j. The application contains no material falsehood or misrepresentation.
k. The applicant is legally competent to contract and to sue and be sued.
I. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and has paid all other outstanding and unpaid debts to the City.
has complied with applicable laws concerning the sale or offering for sale
goods or services.
p. other information that the City Manager or designee finds necessary for the
~ent of this Chapter.
Contents an, of Permit. The permit shall contain the following information:
a. Nam~ and address of permittee.
b. Time, permitted activity.
c. Such other that the City Manager or designee finds ne~ry for the
enforcement of s ordinance.
3. Appeals
Any party Manager's or designee's decision to deny a permit
under this Chapter may determination to the City Council ten (10) working
days after the decision, the files a written notice of appeal with Clerk. In such
event, a hearing shall be held the City Council no later than at its regularly scheduled
meeting, assuming the appeal sd in time to allow notice of said in accordance with
Chapter 21 of the Iowa Code.
Upon such hearing, the City may, based upon the enumerated herein,
reverse, affirm or modify in any the City Manager's ~ee's decision. The City
Council's decision is the final decision.
4. The sale, transfer, or assigl ~ ambulatory ver permit for city plaza is expressly
prohibited
5. Revocation of Permit.
The City Manager or designee, following an appeal, is authorized to
revoke an ambulatory vendor permit Chapter whenever:
a. The permit has failed to comply with any isions of this Chapter
b. The permitted activity creates an to pedestrian use of the City Plaza or a
nuisance or violates of any statute, r regulation involving the permitted event
c. It is necessary to protect health or s by the Police Chief or designee
or Fire Chief or designee
d. The permitee has misstated any
e. There is a substantial and m: variance the information in the application
and the actual facts or those ' to have occurred
f. The permitee is operating ~ of the permit or
g. The permitee's in~ cancelled.
A permittee may appeal revocation in the same r nner as appealing the issuance or
denial of a permit.
6. Fees. Fees for am y vendor permits shall be set City Council.
C. Permanent And Tem ~s: The City Manager upon approval of city
council, may enter into a~ reement for the sale or lease lic right of way in the city plaza
for the construction of; an existing store front or temporary or seasonal use
of zone 1 b) property. Said leas~ or sale shall only be entered
into after careful co~ and assurance that the following c~nditions have been or will be
met: / \
1. Building De~n: \
a. Addi.tio/,~ to buildings shall be harmonious in scale arid design with permanent
neight)or ng structures and with the City Plaza. \
b. Materials shall be suitable for the style and design of buildings~n which they are used.
c. Materials which are architecturally harmonious shall be ..u,~se,,c~ for all building walls and
other exterior building components wholly or partly visible from public ways.
d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings.
(2) Relationship to the brick and wood theme of City Plaza.
(3) Materials shall be of durable quality.
Ordinance No.
Page 16
e. Building components, such as windows, doors, eaves and parapets, shall have good
proportions and relationship to one another.
f. Colors shall be selected for their harmony and/or ability to complement the color scheme
of the City Plaza.
g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be
from public view with materials harmonious with the building or shall be located
not to be visible from any public ways.
h. lighting shall be part of the architectural concept. Fixtures, standards and all
accessories shall be harmonious with building design.
2. Signs:
a. All signs all be part of the architectural concept. Size, lettering, location and
arran be harmonious with the building desigr shall be compatible with
b. Materials used signs shall have good architectural and be harmonious with
buildir in the Cit,
c. Every sign in scale and in proportion, 1 appropriate visual relationship to
buildings and
d. Colors shall be ~y and with Excessive brightness and brilliant
colors shall be Lighting shall be with the design. If external spot
lighting is used, so that the ht source is shielded from view.
3. Additional Criteria:
a. The Design may, from tim~ ~ time, formulate additional design criteria
for the review of proposed to this Chapter. Such criteria shall
become effective when ado ' resolution.
b. No building permit for the any temporary structure or any building
extension to be constructed be issued until plans for said
construction have been reviewed r~ Review Committee and approved by the
City Council. The Design Review mitteeshall, within thirty (30) calendar days of
receipt of said plans, review the and advise approval, approval with conditions or
disapproval in a written report to the City Council and the applicant. City
Council approval of the plans sha a majority of votes cast at any meeting at
which a quorum is present.
4. Illumination: Nighttime interior illumi~ building fronts and basement extensions,
displa~ ~s required during hours of operation.
5. Construction Costs: All costs of cc be paid by the permittee, including costs
of damage or repair to the City PI~
Title 10, entitled "Use of Public Ways Property," entitled "City Plaza," Section 10,
entitled "Permit Application Procedures," amended Section 10 in its entirety and
substituting in its place the followin¢
Any violation of this Chapter shall ~onsidered a simple ~meanor or municipal infraction as
provided for in Title 1, Chapter 4 of ti
Title 10, entitled "Use of Public and Chapter entitled "City Plaza," is hereby
amended by adding a new Section ~,ws:
The City Manager is aL to establish administrative r~es not inconsistent with any
ordinance to carry out the s ~: this Cha )ter. A copy of sa~ rules shall be on file with the
City Clerk. ,, ~ , ,
Title 10, entitled Use of Pub Ways and Property," Chapter 5, entitle~ 'City Plaza,' Section 11,
entitled "Fees," is hereby amende,~ by deleting Section 11 in its entirety. ~.
Title 10, entitled "Use of ~ ic Ways and Property," Chapter 5, entitledx~City Plaza," Section 12,
entitled "Ten qination and F ~t on ~f Perr dts and Leases," is hereby amended~by deleting Section 12 in
its entirety. , ........ ,~
Title 10, entitled Use ~ublic Ways and Property, Chapter 9, entitled "~arks and Recreation
Regulations," Section "Definitions," is hereby amended by adding the following new definitions:
APPLICANT: A ~pplies for permit as authorized in this chapter.
PERSON: Any or corporate person, business association or other business entity
including, but partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
Ordinance No.
Page 17
PARK FACILITY: A baseball field, softball field, soccer field, tennis court, secured shelter, or
unsecured shelter in a park or Riverside Festival Stage.
PUBLIC ASSEMBLY Any meeting, demonstration, picket line, rally or gathering of more than
twenty-five (25) persons for a common purpose as a result of prior planning that interferes with
the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a
park or occupies any area in the public right of way or in a park.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use.
lNG AGENCY: Any organization or group, regardless of it is legally
including but not limited to corporations and partnersl' on whose behalf a
natural individual makes application for a park permit.
place, the use of which is controlled by the City as the real property,
used for walking, jogging, skateboarding, in line bicycling or motorized
devices desi r and used by persons with disabilities.
Title 10, entitled "Use Public Ways and Property," Chapter 9, "Parks and Recreation
Regulations," Section 1, "Definitions," is hereby amended by the definitions of "parade"
and "park, public park" uting the following new definitions:
PARADE: A march or of more than twenty-five vehicles or other forms
of transportation, or any ~pon the public right of way
or in a park that results in the exclusion whole or in part, of use of the public
right of way, including a park Funeral deemed to be included in
this definition and shall not sidered a parade.
PARK, PUBLIC PARK: An' round owned controlled by the City, including streets,
trails, and roadways therein.
Title 10, entitled "Use of Public Ways Property," 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions hereby by deleting the definition of "public
entertainment" in its entirety.
Title 10, entitled "Use of Public Ways and Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited and Playgrounds," is hereby amended by
deleting Section 2 in its entirety and substitutir the following:
In any park no person shall:
A. Damage To Property, Animals,
1. Pick or destroy any [~ upon any flower beds.
2. Break or tear any
3. Throw objects or missiles at any anim; or / animal or bird in any way.
4. Tear down, mutilate, destroy or any s~gR, constructed under the authority of the
City Council or the Pi rks and R~ Department~
5. Tear down, mutilate, destroy or bur building, sheltk, r equipment, picnic table, grill, or any
personal property owned by the C~ ~
B. Motor Vehicles And Traffic: / ~
1. Park any vehicle in any area w;'/ere parking is prohibited by'~osted signs.
2. Drive any vehicle within any pa/k, except upon the designate~,streets, driveways and parking
areas of such parks, except/motorized devices designed fA[ and used by persons with
disabilities. / ~
3. Drive any vehicle within an)/park at a speed in excess of fifteen'~15) miles per hour, unless
otherwise posted. / ~
4. Drive any vehicle in the w/ong direction upon any one-way street within a park.
C. Weapons: Carry firearms or, [/eapons into any park. ~
D. Animals: ~
1. Bring, cause or perm ny pet to enter into any park unless such an~al is on a leash or
confined either a veh or in a cage, kennel, crate, or carrie~ ~
2. Ride any horse in k except upon streets and trails, and then onl~X,~f the horse-rider
provides for the im, disposal of solid waste matedal excreted by any animal.
3. This provision sh not apply to an animal trained to assist persons with disabilities or to a
person issued thorized in section 8-4-12.
E. Fires: Build or aid abet the building of any fire in any park, except in stoves or fireplaces
designated for sudh purposes.
Ordinance No.
Page 18
F, Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any park.
G. Practice Golf: Practice golf in any park.
H. Unauthorized Use Of Buildings: Occupy any shelter or building or recreation area which has been
reserved by others through the provisions of this Chapter or install any unauthorized reserved
sign in any shelter, building or recreation area.
I. Hours:
1. Except as provided for specified parks herein, occupy any park, whether on foot or in a
vehicle or any vehicle to remain parked in any park hours of ten thirty
o'clock P.M. and six o'clock (6:00) A.M. unless by the
City.
2. From April ' October 31, the hours shall be from eleven o'clock P.M. to six o'clock
(6:001 ity Park and Mercer Park.
3. Occupy, on foot or in a vehicle, or permit any vehicle to
dawn at the foil Waterworks Prairie Park, ' Hill Park, and
Ryerson's Dusk means thirty (30) time designated each
calendar day as "s~ and dawn means thirty (30) before the time designated
each calendar day "sunrise" by the United Observatory for Iowa City,
Johnson County, Said designations can accessed via the internet at
<htrI
J. Bicycles And ;les:
1. No person shall travel or operate a bicycle nonmotorized vehicle within Chauncey
Swan Park
2. Persons may travel upon or bicycles nonmotorized vehicles in all other City
parks except where posted as and the extent the nonmotorized vehicles
are used in a safe manner so as to ' '
3. This provision shall not apply to person disabilities using a nonmotodzed device
designed for a person
Title 10, entitled "Use of Public Ways and entitled "Parks and Recreation
Regulations," Section 3, entitled "Traffic and hereby amended by deleting Section
3 in its entirety and substituting in its place the followin
A. Duties Of Director: The Director is hereby a and directed to: 1) designate streets and
drives for use within the parks; 2) designate areas for the parks; and 3) prohibit, regulate
or limit stopping, standing or parking of the streets, driveways and parking areas in
the parks at all times or during specified I Director shall also cause signs to be posted
designating streets, drives and parkin~ or regulating or limiting stopping,
standing or parking in the parks.
B. Vehicle Owner Prima Facie Responsil any vehicle is found stopped, standing
or parked in any .~hapter and the identity of the operator
cannot be determined, there is a able presumption ~at the owner is responsible for such
violation.
Title 10, entitled "Use of Public and Property," ,.,,,~,,~,\9, entitled "Parks and Recreation
Regulations," Section 4, entitled "Facilit 'mit,' is hereby amended~by deleting Section 4 in its entirety
and substituting in its place the following ~
A. Permit Required: It shall be un,~ for any person or group o~persons to use any park or the
facilities of any park without c~r lg with the requirements of '~tle 10 Chapter 1 including first
having obtained a parade/pu~ic ,mbly permit if applicable. ~
B. Secured Shelter: No perso~ or sponsoring agency shall use a seci~red shelter without obtaining
the authorization of the Dir~'ctor ~r designee. ~
C. Park Facility: Any persor or sp' onsoring agency may reserve a park f~,cility by completing a filing
an application with the E ~ctor on a form prepared by the Directo~ ~
Title 10, entitled Use of ,lic Ways and Property," Chapter 9, enr~tled~"Parks and Recreation
Regulations," Section 5, ,! "Fees for Use of City Park and Recreation\Areas and Facilities,"
Subsection B is hereby amended by deleting Subsection B in its entirety and substituting in its place the
following:
B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or
waive fees for use of park facilities or equipment for affiliate groups or organizations providing
public recreational opportunities and which are under the sponsorship or co-sponsorship of the
Parks and Recreation Department.
Ordinance No.
Page 19
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," is hereby amended by adding a new Section 11, entitled "Farmers Market," as follows:
10-11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply:
DIRECTOR: The Director of City Parks and Recreation Department.
FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan parking
ramp that is in provide an opportunity for individuals to sell d items that are
grown or them, which conform to all applicable city, and state health and
including state department of agriculture regulatio~
VENDOR: Person who is authorized under th chapter to occupy a stall
Farmers Market.
PERSON: A natural
SEASON VENDOR: A Market Vendor who , the City to occupy a stall for
the entire season.
STALL: A space desi by the Director in the Farmers I~ hat a Farmers Market Vendor
is authorized to occupy items consistent with ' ' . of this chapter.
10-11-2: REGISTRATION
A. sale any item at the Farmers Market
without Director or desi
B. Obtaining Authorization. In to receive a person shall register with the
Director at least one (1) advance of market date on a form prepared by the
Director.
C. Registration Form. The regi the following information:
1. Name, address, and tel6 ~rket Vendor.
2. Agreement to indemnify the City
10-11-3: STANDARDS FOR GRANTING OF ~IZATION
The Director or designee shall examine the and shall grant authorization if the
following conditions are met:
A. All applicable fees have been paid.
B. A stall is available.
C. The person has not had authorization revoked in the last year.
D. If there are not sufficient stalls for apply for a stall, a Season Vendor from
the previous calendar year shall person who was not a Season Vendor
from the previous calendar year.
10-11-4: APPEALS
A. Any party aggrieved by the ~f the Director t¢ under this
Section may appeal within ten calendar days of date of the decision by filing a
written notice of appeal with th Manager
B. The hearing shall be before 1 City Manager, who affirm or modify, in any
regard, the determination Director based upon standards enumerated herein.
The City Manager's decision City.
10-11-5: ~RIZATION
A. Authorization ma~ by the Director if:
1. The Farmers ~as misstated in any way on the registration form
2. There is a material between the information on the and the facts
reasonably ascertained [he Director,
3. When, by reason of public calamity, riot or other emerger as determined by the
Director, City Manager, :ire Chief, or Chief of Police, that the of the public requires
such revocation.
4. The Farmers Market .~ndor is operating in violation of the terms conditions of the
authorization.
B. A person may a revocation of authorization in the same manr as appealing the
denial of ~rovided in this chapter.
10-11-5: RULES
The Director is ;h administrative rules. A copy of said be on file
with the City Clerk.
10-11-6: FEES
Fees for authorization of a Farmers Market Vendor shall be established by resolution of the City
Council.
Ordinance No.
Page 20
10-11-7: PENALTIES
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
,, provided for in Title 1, Chapter 4 of this Code.
SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provision of this
Ord~nance'a, re hereby repealed.
I. PENALTIES FOR VIOLATION. The violation of any provision of this ordinCnce is a
municipal or a simple misdemeanor. /
SECTION IV. (. If any section, provision or pad of the Ordinance sh~)tl' be adjudged to
be invalid or iai, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or thereof not adjudged invalid or unconstitutional. ,/
SECTION IV. ! DATE· This Ordinance shall be in effect after its fin~'passage, approval
and publication, as provided /
Passed and approved this 2004.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
sue/OrdRes/PUPL Ord.doc
City of Iowa City
MEMORANDUM
TO: City Council
FROM: Susan Dulek, Ass't. City Attorney'~~''''
DATE: January 14, 2004
RE: Private Use of Public Land
Introduction
This memorandum is to outline proposed changes to a variety of sections of Title
10 of the City Code. These particular code provisions concern the "private use of
public land" and include, for example, the use of the streets for a parade, the use
of sidewalks for a demonstration, and the use of a park shelter for a picnic, as
well as the Farmers Market and "Sidewalk Days." Although the ordinance is
quite long, the substantive changes are not extensive but largely codify current
practice, create uniformity, and eliminate redundancy.
Additionally, many of the changes are driven by first amendment concerns
especially the right to free speech. Free speech constraints in public forums can
broadly be summarized as follows: a) the regulation cannot be based on the
content of the speech; b) the discretion of the government entity in regulating
should be limited; and c) the regulation must be a time, place, or manner
restriction.
Because of the length of the ordinance, the packet contains both a "redlined"
version of the relevant chapters of Title 10 as well as the ordinance itself.
Summary of Maior Amendments
Permits and Reqistration. City oversight and control of the private use of public
land in the ordinance is divided into two categories, permit and registration. The
primary distinction is that permits entail more regulation by the City. Examples of
a permit are the authorization for a mobile vender to sell food in the City Plaza
and a parade with more than twenty-five (25) people on a city street. An
example of the registration process is right to exclusive use of a softball field in
City Park on a Sunday afternoon.
The Permit Process. This ordinance creates the following process for all permits:
a) The application process. All permits have a specified process, but
where to file, pertinent deadlines, and the application form will depend
on the use regulated (for example, parks or streets).
b) The standards used to issue or deny a permit. If the applicant meets
the standards, the permit must be issued. This is designed to limit
January 14,2004
Page 2
discretion in deciding whether to deny a permit, which is often where
governments get challenged.
c) The permit. All permits will contain specified information (fore
example, date and time of permitted activity and name and address of
permittee), and certain conditions, which will vary depending on the
type of permit (for example, insurance and security provisions).
d) The appeals process. The City Manager will hear certain permit
appeals and the Council others (for example, the City Manager will
hear an appeal of the decision by the Director of Parks and Recreation
to deny of a permit to use City Park, and the City Council will hear a
denial of an appeal of the City Manager's decision to deny a mobile
vendor permit).
e) The revocation process. The City may revoke every type of permit,
and the specific grounds are nearly identical and include, for example,
if the permittee is operating in violation of the permit or has misstated
a material fact in the application.
Types of Permits. (section 10-1-1) The ordinance contains only one category of
permits for large gatherings regardless of whether the gathering is on the streets
or in a park, and it is "parade/public assembly permit." "Parade" and "public
assembly" have specific definitions. Consistent with first amendment
requirements, gatherings that are "spontaneous" as defined will not need a
permit.
Affiliated Groups. (section 10-1-1) Organizations such as Kickers, Babe Ruth
baseball, and Riverside Theater are exempted from the permitting process.
Because the City sponsors these events, these organizations will instead enter
into a memorandum of understanding or a contract with the City to address the
use of City property.
Residential Picketinq. (section 10-2-3) This refers to the picketing of a private
home, and the City's current provision presents enforcement issues. The
proposal, which prohibits picketing in front of the house and in front of the house
on either side, follows the constitutional parameters set forth in the Eighth Circuit
Court of Appeals case, Douglas v. Brownell, 88 F,3d 1511 (6th Cir. 1996).
Farmers Market. (to be codified at section 10-11) The Code presently does not
address the Farmers Market at all. Staff prefers a registration, rather than a
permitting, process, and the proposed code amendments reflect the rules
currently used by the Parks and Recreation Department.
Insurance. All permits will have an insurance component that generally can be
waived in accordance with the first amendment principle of inability to pay or to
obtain.
Janua~ 14,2004
Page 3
Indemnification. All permittees will have to sign an indemnification agreement.
Persons with disabilities. Current code provisions prohibiting non-motorized
vehicles in parks and in City Plaza are amended to allow use by persons with
disabilities using a vehicle designed for persons with disabilities.
Obiects in City Plaza. A provision is added (to be codified at section 10-5-8F) to
address the temporary placement of noncommercial objects in City Plaza via a
registration process.
Miscellaneous
Sidewalk Cafes. (section 10-3-3) Thero are no proposed changes to sidewalk
cafes
Fees. All use fees will continue to be set by Council resolution.
Copy to:
Steve Atkins
Marian Karr
Dale Helling
Eleanor M. Dilkes
Terry Trueblood
Marilyn Kriz
CHAPTER 1
PARADES,-MARCHE S-AND PUBLIC E.NTERT !HMEHT
ASSEMBLIES
10-1-1: DEFINITIONS AND EXEMPTIONS:
A. Definitions: As used in this Chapter, the following definitions shall apply:
AFFILIATED GROUP: A group of persons or an entity_ engaged in sports and/or
recreation that a) is affiliated with and either sponsored or co-sponsored by the City of
Iowa City including, but not limited to orqanized youth soccer, boys' baseball, and girls'
softball: and bi has executed a memorandum of understanding with the City for the use
of public property_.
APPLICANT: A person who applies for a parade/public assembly permit as provided in
this Chapter.
PARADE: A march or procession of more than twenty-five (25) persons, vehicles or
other forms of transportation, such as bicycles, or combination thereof, -in or upon
~. ................ · ............. the. ~. ..... public right of way or in a ~ark ......... ~'""
mcrch cr ~. .......... that necessitates or results in the exclusion, in whole or in part, of
use of the public right of way or the park by others.
PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by the City_ for use of
public property., includina the public riaht of wav. as Drovided in this Chapter.
PARK: Any park or playground owned or controlled by the City, including streets, trails,
and roadways therein.
PERSON: Any natural or corporate person, business association or other business
entity including, but not limited to, a partnership, a sole proprietorship, a political
subdivision, a public or private agency of any kind, a utility, a successor or assignee of
any of the foregoing, or any other legal entity_.
PUBLIC ASSEMBLY: Any meetinq, demonstration, picket line, rally or gathering of
more than twenty-five (25) persons on the public right of way or more than one-hundred
(100) persons in a park for a common purpose as a result of prior planning that
interferes with the normal flow or regulation of pedestrian or vehicular traffic on the
public right of way or in a park or occupies any area in the public right of way or in a
park.
PUBLIC :~lT=[~-r^~:~rr. ^ ..... *~,,~- ...... * ,,,~-~,-~- ~--~* ......... ~,- ,~ .... +~-,,,,*,,,
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway. An;'
street, bicycle lane, alley, -""'~ ...... and c)ublic sidewalk, '"-" ....... ;"~'* "~ ...........
;;'c,y which is designed for vehicular, bicycle or pedestrian travel and dedicated to public
use~-, including City Plaza as defined in Title 10,Chapter 5 of this Code. (1978 Code
§31-141; 1994 Code)
PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or
intended primarily for pedestrian use.
1
B. Exemptions: The following are exempt from the provisions of this Chapter.-:
~1 Funeral processions.
2. A gathering of an affiliated group or subpart thereof.
3. Students going to and from school classes or participating in educational activities,
provided that such conduct is under the immediate direction and supervision of the
proper school authorities.
See Chapter 2 of this Title for public demonstrations.
2
4. Spontaneous events occasioned by news or affairs coming into public knowledge
within three (3) days of such public assembly or parade provided that the organizer
thereof oives written notice to the City at least twenty-four (24) hours prior to such
parade or public assembly.
10-1-2: PERMIT AND COMPLIANCE REQUIRED2:
A. A~. It shall be unlawful for any person or group of persons to engage in, present,
conduct or stage .... *~*' '*~"" a parade, '-'"-"~' or public ""*"~"~ .... * assembly~e
~. ........ ~ ........... . w~thout first having obtained a parade/public assembly permit
............. ~ ....... u ........ u ..... as provided in this Cha er.
B. No person shall knowinqly participate in or conduct a parade or public assembly
unless a parade/public assembly permit has been obtained.
BC._ All parades, ,'~"-"~'"-,,.~,.., ,...., and public .................. assemblies shall be conducted
in accordance with the provisions of the.parade/public assembly permit ,.........~' ..... '~ ..~"'
--,.~ ....... u.-, cr and shall be in compliance with all applicable State
and local laws. (1978 Code §31-141.1; 1994 Code) No person shall knowingly fail to
comply with the terms and conditions of a parade/public assembly permit.
D. No person shall unreasonably hamper, obstruct, impede, or interfere with any
parade or public assembly or with any person, vehicle or animal participating or used
in any parade or public assembly.
10-1-3: APPLICATION FOR PERMIT:
A. Filing Application:
1 4~,An application for a parade/public assembly permit """*"~"~"" *~'" ~"~ .... *~""
..... '""~ ........ shall be filed with the City Manager or designee by any person or
group of persons desiring to use any...,.....,"*-""* ..,,..,,""'-" .. ........... public right, of way
as provided in this Chapter. If the applicant is not a natural person, the applicant
shall identify a natural person who has authority to act for the applicant with
regard to the parade or public assembly.
2. All applications shall be filed at least tc,q ~,..., three (3) working days in advance
of the date of the requested use.
3. Applications shall be made on forms prepared by the City Manager or designee
2 See Section 7-1-3 of this Code, Fire Code amendment §11.304 for parade float permit.
3
B. Application Form:
1. The application form ~, tho ..... * ..... *'~* ~;A ..... lb .~.A ....... Il ........ hl;~
way shall contain the followin~ in[ormation:
~ .a. ~amo and addross of tho applicant an~
-2. An acknowlod~omont to bo si~no0 g~ a natural porson that ho or sho has
authori~ ovor tho parado or public assomglg.
_3b. The type of event that is planned, namely parade, mcrch, or public
on ............... cr ,¢~,,. ,,, ~, ........ ~,,,, assem .
_4~. Proposed location or locations.
5d. Expected size of group.
6e. Date, time and expected Ic,q,3th duration of the use.
Zf. Names and addresses of the persons to be in charge of the proposed use at
the specified location.
8.-6 Names and addresses of any persons to be featured as entertainers or
speakers.
_9h. List and description of mechanical or electronic equipment to be used1
including sound amplificatiom
L0i. Number and type of any motor vehicles or other forms of transportation to be
used, including bicycles.
l~j. Number and type of any animals to be used.
4
+~.11~.... ~l'~'l:~''~'''~'l'' Proposal to monitor the event. Jncludina the names of any_ lDerson
not employed by the City who will be responsible for settina UP. cleanina up. or
maintaining order and whether the police department will be needed to assist in
maintaining order.
14. Proposal for cleanup.
2-=-. 14. Th,, ,.. .... .~,~,.,,...~.,..,';""+;"", ..,"~'"",,~,, ......... _An agreement in which the applicant shall agree
to,_'
4994-~ pay on behalf of the City_ all sums which the City shall be
obligated to pay by reason of any liability imposed upon the city for
damages of any kind resultina from use of public property and the public
right of way, whether sustained by any person or person, caused by
accident or otherwise and shall defend at its own expense and on behalf
of the City any claim against the City arising out of the use of public
property and the public right of way.
15. Insurance is required in the reasonable amount necessary to minimize risk of
harm to persons and property_ based on the nature and size of the event, as
determined by the City's Risk Manager. The insurance requirement may be
waived if applicant demonstrates inability_ to obtain insurance or to Day the cost of
insurance.
16.Anv other information that the City Manager or desiqnee finds necessary.
10-1-4: ISSUANCE OR DENIAL OF PERMIT:
A.A. Standards for Issuance of Permit: The City Manager or designee shall grant or
deny the application for a permit in writing, which shall be mailed by ordinary mail or
personally delivered to the applicant and stating the reasons therefore within seven
(7) workina days of the application being filed, and no later than the day prior to the
5
event assuming the application is timely filed. The City Manager or designee shall
examine the application and shall grant or '" ...... "~
.... ~ .... a permit ~'--"'~ ..... *~'"
.......... u ~f the following conditions are met st3nd3rdc:
1 .:1-. "- "'-~'* of *~'" '~"*" ""'~ *;"'" cf ""~'" ....... '" ....... ~'"*~'"- the use will not
unreasonably interfere with the privacy, safety, security, convenience and
tranquility of the residents or inhabitants of the area in light of the date and time of
said proposed use.
2.2=. ~^'~-'-*~-'-- the proposed ....... "" .... ;'~ ..... '~ ....... · .., pubhc rioht of way can
accommodate the group or use, based both on group size and on health and
sanitation facilities, whether available or to be provided by applicant.
3_.,3. Whcthcr the proposed use or activity is compatible with the normal activity of
the proposed public right of way at the requested time or date.
4_,4. Whcthcr the application demonstrates the applicant has the means, planning
and coordination to hold the proposed event, considering the time of day, location,
public facilities available, traffic control, parking requirements and any monitoring
required to protect the public health and safety.
5~.6. Whcthcr the event will not interfere with either another event for which a permit
has already been granted or an event organized and conducted by the City for the
same date and time=
6. 6. ~^'~'"*~'"-..,,..,,,.., the ~.,..~.........'~ use ...... ......,.~"~ will not substantially interrupt the flow of
street and/or pedestrian traffic ~
7_.7. Whether the use '::o'..'Id will not require the excessive diversion of police from
other duties or substantially interfere with the City's firefighting operations. (1978
Code §31-144; 1994 Code)
~f.'t,-"z"'~ ................................... , ......... · '~' ." 0," ,.,,~,~..~.~. ,...,~..
the use does not create a~ undue health or safety hazards
3 See subsection 6-1-2M2 of this Code for nuisance provisions.
4 See subsection 6-1-2M2 of this Code for nuisance provisions.
6
9. all applicable fees have been paid.
10. the application is fully completed and executed.
11. The indemnification agreement has been signed.
12. A certificate of insurance showing compliance with this section has been
provided.
13. The application contains no material falsehood or misrepresentation.
14.The applicant is legally competent to contract and to sue and be sued.
15.The applicant has not damaged City_ property_, and if the applicant has. the
damage has been paid in full, and has paid all other outstanding and unpaid
debts to the City.
16.The use or activity intended by the applicant is not prohibited by law.
17.The applicant paid clean up costs, if any, within thirty (30) days of the date of
invoice as the result of a previously issued permit.
18. Additional police protection, if required under this chapter, has been secured.
B. 2. Contents and Conditions of Permit: The permit shall contain the following
information: If ......... +~,,. r,;,,, ~ ...... or '~""~ .......... * ~"~' * ...... '~
1. Name, address, and telephone number of permittee.
2. a~-. Time, date and place of the permitted activity.
3.1~. If a parade or m~rch, the route and staging area.
4.c=. Number of monitors or policing personnel required for safe use of the public
right of way.
5. Such other information that the City Manager or designee finds necessary for
the enforcement of this Chapter.
See subsection 6-1-2M2 of this Code for nuisance provisions.
~n .......... `4...-; ...... .4....;..;....~ .......;...;~., cf ~'" ty Cc
10-1-5: APPEALS REGARDING ISSUANCE OR DENIAL OF PERMIT:
A. Any party aggrieved by the City Manager's or designee's decision to grant or deny a
permit under this Chapter may appeal the determination to the City Council if, within
ton ~,,,¢ five (5) working days after the decision, the party files a written notice of
appeal with the City Clerk. In such event, a hearing shall be held by the City Council
a~ no later than its next regularly scheduled meeting, assuming the appeal is filed in
time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code.
B. Upon such hearing, the City Council may, based upon the standards enumerated
herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. (1978 Code §31-146; 1994 Code) The City Council's decision is the final
decision.
10-1-6: REVOCATION OF PERMIT:
The City Manaaer or designee, or the City Council if issued following an appeal,
oke pa ade/p blic assembly permit'
may rev.^ ~*"-., ..., a r u
...... If~.
A. -it is determined that the apCic-a~ permittee has misstated any material fact
in the application e~
B. th~,t there is a substantial and material variance between the information in
the application and the actual facts or those facts which appear reasonably
to have occurred, thc r,~,,,
C. when it is determined by the Chief of Police or the Fire Chief that, by reason
of disaster, public calamity, riot or other emergency, the public safety
requires such revocation. (1978 Code §31-147; 1994 Code)
8
D. the permittee's insurance has been cancelled or
E. the permittee is operating in violation of the terms and conditions of the
permit or local, state, or federal law.
A permit holder may appeal the revocation in the same manner as appealing the
issuance or denial of a permit.
10-1-7: SALE OR ASSIGNMENT OF PERMIT:
The sale, transfer, or assignment of a permit is prohibited.
10-1-8: FEES:
Fees for permits shall be set by resolution of City Council.
10-1-9 POLICE PROTECTION
A. The Chief of Police or designee shall determine whether and to what extent
additional police or security protection is reasonably necessary for the parade or public
assembly for traffic control and public safety. The Chief of Police or designee shall
base this decision on the size, location, duration, time and date of the event, the number
of streets and intersections blocked, and the need to detour or preempt citizen travel
and use of the public right of way. The speech content of the event shall not be a factor
in determining the amount of police protection necessary. If possible, without disruption
of ordinary police services or compromise of public safety, regularly scheduled on-duty
personnel will police the event. If additional police or security protection for the parade
or public assembly is deemed necessary by the Chief of Police or designee, the
applicant shall be so informed. The applicant shall have the duty to secure the police or
security protection deemed necessary by the Chief of Police or designee at the sole
expense of the applicant.
B. Persons engaging in parades or public assemblies conducted for the sole purpose of
public issue speech protected under the First Amendment are not required to pay for
any police protection provided by the City.
10-1-10: PENALTIES:
Any violation of this Chapter shall be considered a simple misdemeanor or Municipal
infraction as provided for in Title 1, Chapter 4 of this Code.
CHAPTER 2
PUBLIC PICKETING
10-2-1: DEFINITIONS:
9
As used in this Chapter, the following definitions shall apply:
PERSON: Any natural or corporate person, business association or other business
entity including, but not limited to, a partnership, a sole proprietorship, a political
subdivision, a public or private agency of any kind, a utility, a successor or assignee of
any of the foregoing, or any other legal entity.
PICKETER: A person who engages in picketing with or without signs or placards.
PICKETING: The practice of standing, marching, congregating, protesting,
demonstrating, or patrolling by one or more persons for the purpose of persuading,
discussing, educating, advocating, or informing another person or persons or for the
purpose of protesting some action, attitude, policy, or belief. It does not include social,
random, or other everyday communication.
PRIVATE RESIDENCE: A single-family, duplex, or multi-family dwelling.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street,
bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or
pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10
Chapter 5.
10
PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or
intended primarily for pedestrian use.
RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a
particular private residence and that takes place directly in front of the oarticular private
residence or the private residences on either side of the targeted orivate residence.
RESIDENTIAL ZONE: All Zones defined in Title 14, Chapter 6, Article D of this Code.
10-2-2: USE OF STREETS AND SIDEWALKS FOR PICKETING, PRO-
TESTING ^~..r~ r~c.~.,~-r,-.^-r..~_.
~;'" ..... "-" "-";'-*~'"'-'~ ~-" *~-'- '";*-' or '-*~-'-- '-' '~"; ..... " ....... pi
.......................... ~ ....... ~ ...... ~. .............. ~... No cketing,~....,......"-"*""*~"",u or
....,'~ ..... ,,..,,...,*-"*'"".~.,,,~ except as authorized by a parade/public assembly permit issued under
Title 10. Chapter 1 of the Code. shall be conducted on that portion of the streets used
primarily for vehicular or bicycle traffic. (1978 Code §31-135)
-~ n_,~_~.,....... PROHISITE5 ACTS.-.,...A ~,,r~ ~'-~.,,r.'r,~,,c~.......,._,, ,...,....
A~.B~. Interference with Traffic, Businesses and Public Facilities: P~cketers, ~. .........
=nd ................ shall not block or obstruct free passage of any pedestrian~_-eF
vehicular traffic, or bicycle traffic- or interfere with ingress or egress to any business
or public facility6. (1978 Code §31-136)
10-2-3: RESIDENTIAL PICKETING:
A. It shall be unlawful for any person to engage in residential picketing.
B. Nothing herein shall prohibit: 1) The residential picketing of a residence which is
used as the occupant's sole place of business; 2) The residential picketing of a
private residence used as a public meeting; 3~ A person or orouo of oersons from
marching without stopoing at a oarticular private residence: or 4) A Person or
group of persons from marching on a defined route without stopping at any
particular private residence.
C. Before a person may be cited for violation of this provision, the person must have
been ordered to move, disperse, or otherwise remedy the violation by either a
Police officer or a person with authority to control the use of the private residence
which is the focus or target of the residential picketing.
6 See also subsection 6-1-2M2 of this Code.
11
~n,~,,. ^n~,^,.,,'.,-,', .";~TI~E nc P~P~ED ,',,'.v,-'r,k,,~_ PRO-
TEST~;"~ O~ O£.~.".O.".'STP.~T~Nr~:
dom ..........
10-2-64: DUTY TO DISPERSE AS DIRECTED BY POLICE:
A. Police officers are authorized to disperse persons who are picketing,pro*"-*; ....... .... u --.
d ............... u whenever such picketing,~.,"-"*""*;"".......... ,~ or .~... '~ ....., ,.., ,...,*-'-*;-'",...,.... is in violation of
this Chapter and poses a threat to public health, safety or orderly flow of traffic?.
B. It shall be unlawful for any person to refuse to disperse or move on when so directed
by a police officer as herein provided. (1978 Code §31-139)
10 2 ~: OB~TR',.J'CTION OF PUBLIC W~Y$:
10-2-7-5: PENALTIES:
Any violation of this Chapter shall be considered a simple misdemeanor or Municipal
infraction as provided for in Title 1, Chapter 4 of this Code. (1994 Code)
See also subsection 6-1-2M2 of this Code.
See also subsection 6-1-2M2 of this Code.
12
CHAPTER 3
COMMERCIAL USE OF SIDEWALKS
10-3-1: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
APPLICANT: A person who applies for a permit as provided in this Chapter.
MOBILE VENDING CART: A nonmotorized structure on wheels that is easily moved
and is used for vending.
MOBILE VENDOR: Operator of mobile vending cart.
MOBILE VENDING LOCATION: An appropriate area to operate a mobile vendina cart
as determined and assigned by the City Manager, or designee, in writing within the
boundaries of city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the
operation of mobile vending carts. Each mobile vending permit shall carry with it the
authorization to operate at one or two (2) designated locations.
MOBILE VENDOR PERMIT: Written authorization by the City_ for use of public proDerb/.
including public right of way, by a mobile vendor as provided in this Chapter.
PEDESTRIAN: Any person traveling on foot or wheelchair.
PERSON: Any natural or corporate person, business association or other business
entity including, but not limited to, a partnership, a sole prop)rietorship, a political
subdivision, a public or private agency of any kind, a utility, a successor or assignee of
any of the foregoing, or any other legal entity.
PUBLIC RIGHT OF WAY: ^ ...... ~.r~..
'"'~'" ..... The area on or below a public roadway, highway, street, bicycle lane, alley,
and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use, including City Plaza as defined in Title 10. Chaoter 5 of the
Code.
9 See subsection 6-1-2M2 of this code for obstruction of public ways declared a nuisance.
13
RESTAURANT: A business whose primary function is the service of food to customers
and which meets the following criteria:
A. Prepares meals on the premises and provides meal service to each floor of the
premises which is open to the public while the kitchen is open;
B. Has a food service menu from which customers may order;
C. Has an employee whose primary duty is the preparation of food and an employee
whose primary duty is to serve food to customers;
D. Has a kitchen separate from the bar equipped with all of the following: a stove, a
griddle, a grill or broiler, and a food refrigeration unit with a capacity in excess of
twenty (20) cubic feet;
E. Operates the restaurant service during at least sixty percent (60%) of the hours
that the business is open to the public; and
F. Holds itself out to be a restaurant and advertises itself as a restaurant if it
advertises.
G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom
or tearoom.
SIDEWALK: The improved portion of public right of way dedicated to and/or intended
primarily for pedestrian use.
SIDEWALK CAFE: An outdoor area located temporarily on a public sidewalk contiguous
with any side of a building wherein a restaurant is located and where food and
beverages are taken for consumption by persons sitting or standing at tables in that
area. Sidewalk cafes located on a structure on top of a public sidewalk are subject to
the approval of the director of public works, or designee, and must provide suitable
access for persons with disabilities. Such structures shall not be more than eight feet
(8') in height, measured from the lowest point of the existing sidewalk elevation to the
top of the railing, excluding amenities. Permitted sidewalk cafes must abide by the
requirements and limitations as determined by city council. (Ord. 95-3676, 5-9-1995;
amd. Ord. 97-3764, 1-14-1997; Ord. 97-3790, 6-18-1997; Ord. 03-4067, 4-8-2003)
TEMPORARY USE OF SIDEWALK PERMIT: Written authorization by the City for use
of sidewalk as provided in this Chapter.
10-3-2: USE OF PUBLIC SIDEWALKS RESTRICTED:
14
Use of public sidewalks for any commercial purpose, including sidewalk cafes,
shall be unlawful except as specifically provided herein or as specifically authorized by
this chapter. (Ord. 95-3676, 5-9-1995)
10-3-3: USE FOR SIDEWALK CAFES:
A. Permitted Uses:
1. Sidewalk cafes will be permitted in the public right of way only in the CB-2, CB-5
and CB-10 zones (the downtown and the commemial areas directly north and
south of the downtown).
2. Sidewalk cafes in the city plaza will only be permitted in zone 1, and zone 2 in
conjunction with "zone 1", as defined in Chapter 5 of this title, (the 10 foot strip
directly abutting the private property lines). Zone 1 extends the length of the city
plaza along all sides of the plaza. Zone 2 is the pedestrian lane adjoining zone 1.
3. The sidewalk cafe area must be contiguous with any side of a building wherein a
restaurant or food service establishment is located, and shall be referred to as the
"sidewalk cafe area".
4. The sidewalk cafe, as part of a restaurant, must be licensed by the department of
public health or its successor.
B. Usable Sidewalk Cafe Area:
1. A sidewalk cafe area may not extend onto the sidewalk in a manner that will not
allow a minimum of eight feet (8') of unobstructed sidewalk adjacent to the street
for pedestrian use, nor extend into zone 1 and zone 2 of the city plaza in a
manner that will not allow a minimum of eight feet (8') of unobstructed zones 1
and 2 plaza area remaining for pedestrian use.
2. No tables and chairs shall be placed in street corner areas defined by building
lines extended to the street, and no closer than ten feet (10') from an alley. (Ord.
95-3676, 5-9-1995)
3. a. The area for a sidewalk cafe shall be temporarily delineated by ropes or
some other suitable method which shall be clearly visible to pedestrians.
Tables, chairs and other items are to be removed at the end of each day's
operation, and the sidewalk cafe area shall be restored to its normal condition
as a pedestrianway. No materials shall be stored on the public right of way.
b. Sidewalk cafe owners may submit a request to place anchored fencing in a
public sidewalk which is subject to approval by the director of public works, or
designee. If stored outdoors, tables, chairs, and other items shall be secured
within the anchored fencing at the end of each day's operation so that they are
unusable and shall not block or obstruct emergency exits. The owner shall be
responsible for any damages to the sidewalk caused by the placement of any
15
anchored fencing. A deposit shall be required prior to the placement of any
anchored fencing on a public sidewalk and shall be returned when the sidewalk
is restored to its prior condition. The amount of the deposit shall be set by
resolution of the city council. (Ord. 97-3764, 1-14-1997)
4. A sidewalk cafe may not utilize any public amenities such as benches, seats,
tables or trash receptacles.
C. Days And Hours Of Operation:
1. A public right of way easement agreement shall be issued in conjunction with
yearly renewals of alcoholic beverage licenses/permits or one year from the date
of issuance for establishments not dispensing alcohol. The initial application may
be less than the one year period to coincide with existing alcoholic beverage
licenses/permits, and will require full payment.
2. The sidewalk cafe may be operated and used any time of the year. (Ord. 95-3676,
5-9-1995)
3. Sidewalk cafes shall be setup and operated each day only between the hours of
seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight, and restored to a
normal pedestrianway at all other times. This subsection C3 shall be automatically
repealed on December 31, 2003, unless reenacted by city council. (Ord. 02-4023,
7-2-2002)
4. Food and beverages must be available for service to patrons in a sidewalk cafe
during all hours of operation. Sidewalk cafes shall not operate when the
restaurant kitchen is closed.
D. Sound Equipment:
1. Amplified sound equipment shall not be permitted.
E. Sidewalk Cafe Easement Agreement:
1. Establishments must apply for and obtain a public right of way easement
agreement from the city prior to operation. Each applicant shall file an application
with the city clerk, on forms provided by the city and containing all pertinent
information as the city may require, and shall agree to abide by state and local
laws governing use of public right of way. Establishments dispensing any
alcoholic beverage must do so under state and local law. An annual fee for
easement agreements shall be established by council resolution, and all
agreements shall be for one 12-month period. (Ord. 95-3676, 5-9-1995)
2. An applicant for a sidewalk cafe must file an application and follow the same
application process as described in section 4-3-1, "Outdoor Service Areas", of this
code. (Ord. 97-3764, 1-14-1997)
16
3. All easement agreements shall be issued by the city clerk, or designee, numbered
consecutively, and a record kept, but only after approval by the city council as
required by state and local law.
4. Even after city council approval of a public right of way easement agreement, the
city shall retain the right to terminate the easement agreement but only after
written notice of violation has been given and the time to cure the violation has
expired. Grounds for termination of the easement agreement shall include, but not
be limited to, repeated violations of the state and liquor control laws, violations of
the easement agreement, and creating a safety hazard, health hazard and/or
public nuisance under state or local law. Additionally, the city retains the right to
terminate the easement agreement and direct removal of sidewalk cafe
operations if, after deliberation, the council determines there is a substantial and
reasonable need for use of the public right of way for a valid public purpose.
5. The use of public right of way permitted in the approved easement agreement
shall in no way interfere with access to public or city utilities located and/or
operated within the city's public right of way. In addition, each applicant shall be
required to provide a certificate of insurance satisfactory to the city, and shall
agree to hold the city harmless against any and all liability arising from
interruptions, accidents or other actions arising from the sidewalk cafe operation
or location in the public right of way.
6. Sidewalk cafes shall be subject to the design review process of title 14, chapter 4
of this code.
F. Operation Of Sidewalk Cafes:
1. The city retains the right to limit the number of sidewalk cafes in "permitted uses"
of this chapter.
2. Advertising shall not be permitted in the sidewalk cafe area except for the name of
the establishment on chairs, tables, umbrellas or other amenities, as approved by
the city. The amenities used in the sidewalk cafe area shall be maintained in good
condition.
3. No blockage of building entrances or exits shall be permitted in a sidewalk cafe
area.
4. Additional restroom capacity may be required to comply with local building and
housing codes.
5. Occupancy limits shall be determined as set forth in title 14, chapter 5 of this
code.
6. No additional parking shall be required for the operation of a sidewalk cafe.
17
7. Sidewalk cafe areas shall be subject to inspection at least annually or at any other
time at the discretion of the city.
8. A sidewalk cafe serving alcoholic beverages must have an employee monitoring
the area at all times during the hours alcohol is consumed.
9. The sidewalk cafe shall be responsible for trash removal and must maintain the
area and surrounding five feet (5') in a clean and litter free manner during all
hours of operation, and shall restore the area and surrounding five feet (5') to its
normal condition as a pedestrianway and litter free after operation each day.
10. The operation of any sidewalk cafe shall be in conformity with all applicable
federal, state, and local laws and regulations. (Ord. 95-3676, 5-9-1995)
10-3-4: ~"' '""'~"" n,- PER,",",~TS; "~" , ,.i,-r^-r, nk,~ ,'vt,, ,,n,~,~_ ~,n=_
TAIAI b' /'~ACI::C~ A/~ln I~anall ~' %llC::l~lnll~ln (~ADTq:. TEMPORARY USE OF
SIDEWALK PERMITS
The city manager or designee is authorized to issue no more than two Temporary Use
of Sidewalk P~)ermits per calendar year to businesses or business organizations fe~
*"".,,.. *,,.,,,~,,,,,~,y ............ ,~.... cf ..,.~....,~,,..,-;'~ ..... "-- for any commercial purpose in commercially zoned
districts excluding permits for sidewalk cafes, ambulatory vendors, and mobile vending
carts1°. Such Temporary Use of Sidewalk p_Permits shall be limited to the temporary use
of sidewalks and public right-of-way abutting said businesses cr ~''''-~ ......... ~-'"+;"""
~-,~--,,.-'"'~'"" ,,u,,.'"'~'* cf ;;',~y and shall be limited to no more than three (3) days for any one
permit. (Ord. 03-4067, 4-8-2003)
A. Application for Permit.
1. Filing an Application.
a. An application for a Temporary Use of Sidewalk Permit shall be
filed with the City_ Manaaer or designee by any person or group of persons
desiring to use the public right of way as provided in this Chapter. If the
applicant is not a natural person, the application shall identify a natural
person who has authority to act for the applicant with regard to the parade
or public assembly.
b. All applications shall be received five (5) days before proposed
use.
c. Applications shall be made on forms prepared by the City
Mana(~er or designee.
See title 14, chapter 6 of this code for zoning regulations.
18
2. Application Form.
The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgement to be signed by a natural person that
he or she has authority over the permitted use of the
sidewalk.
c. Name and address of applicant's business.
d. Days and hours of requested use.
e. Description of use.
e. An agreement in which the aDolicant shall agree to:
pay on behalf of the City all sums which the City shall be
obligated to pay by reason of any liability imposed uoon the
city for damaqes of any kind resulting from use of [~ublic
prooer[y and the oublic right of way. whether sustained bv
any person or person, caused by accident or otherwise and
shall defend at its own expense and on behalf of the City_ any
claim against the City arising out of the use of public
property and the public right of way.
f. insurance as required in a reasonable amount necessary to
minimize risk of harm to persons or property based on the
nature and size of the event, as determined by the City's Risk
Manager. The insurance requirement may be waived if
applicant demonstrates inability to obtain insurance or to Day
the cost of insurance.
g. Any other information that the City Manager or designee finds
necessary_.
B. Issuance or Denial of Permit.
1. Standards for Issuance of Permit. The City Manaqer or designee shall
grant or deny the application for Temporary Use of Sidewalk Permit in writing, which
shall be mailed by ordinary mail or personally delivered to the applicant, and state
the reasons therefore within seven (7) working days of the application being filed.
The City Manaqer or designee shall examine the application and shall issue said
permit if the following conditions are met:
a. The applicant's proposed use will not impede the free flow of
pedestrian traffic along the public right of way or in or out of
adiacent properties.
19
b. All applicable fees have been paid.
c. The application is fully completed and executed.
d. The indemnification agreement has been signed.
e. A certificate of insurance showing compliance with this
section has been provided.
f. The application contains no material falsehood or
misrepresentation.
g. The applicant is legally competent to contract and to sue and
be sued.
h. The applicant has not damaged City property, and if the
applicant has, the damage has been paid in full, and has
paid all other outstanding and unpaid debts to the City_.
i. No permit has already been issued for the same time and
place.
i. The use does not conflict with previously planning programs
organized and conducted by the City and oreviously
scheduled for the same time and place.
2. Contents and Conditions of Permit. The permit shall contain the followinq
information:
a. Name, telephone number, and address of permittee.
b. Time, date and place of the permitted activity.
c. The permittee shall only offer for sale its own goods and products
and shall not offer for sale any tobacco product.
d. Such other information that the City Manager or designee finds
necessary for the enforcement of this Chapter.
C. Appeals. Any party aggrieved the City Manager's or designee's decision to grant or
deny a permit under this Chapter may appeal the determination to the City Council if.
within five (5) workina days after the decision, the party files a written notice of
appeal with the City Clerk. In such event, a hearing shall be held by the City Council
no later than its next regularly scheduled meeting, assuming the appeal is filed in
20
time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code.
Upon such hearing, the City Council may. based upon the standards enumerated
herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
D. The sale, transfer, or assignment of a temporary use of sidewalk permit is expressIv
prohibited.
E. Revocation of Permit. The City Manager or designee, or the City_ Council if issued
following an appeal, may revoke a permit if:
1. It is determined by the Chief of Police or the Fire Chief that. bv reason of
disaster, oublic calamity_, riot or other emergency, the ~ublic safety
requires such revocation is necessary_ to protect health, safety_, and
welfare
2. The permitee has misstated any material fact in the application
3. There is a substantial and material variance between the information in
the application and the actual facts or those facts which appear
reasonably to have occurred.
4. The permitee is operatinq in violation of the terms and conditions of the
permit.
5. The permitee is operating in violation of the terms of the permit or local,
state, or federal law.
6. The permitee's insurance has been cancelled.
A permit holder may appeal the revocation in the same manner as appealing the
issuing or denying of a permit.
F. Fees. Fees for permits shall be set by resolution of City Council.
10-3-5: USE BY MOBILE VENDORS:
21
A. Application for Permit
1. Filing an Application.
a. An application for a mobile vendor permit shall be filed with the City Manager
or designee by any person or group of persons desiring to use the public right of
way as provided in this Chapter. If the applicant is not a natural person, the
applicant shall identify a natural person who has authority to act for the applicant
with regard to the mobile vending operation.
bB. All ~ .... applications for mobile vendor .....*;""" eermits must be
received ~t '"~* ~ .... ~A~ ..... "~ ~'"~'" *~' ........ '~ "*"'* "~ *~'" ' .... by January 31
of the calendar year for which the eermit will be issued.
c. Applications shall be made on forms prepared by the City Manager or
designee.
2. General Provisions
a. No more than five (5) permits shall be issued each calendar year for the City
Plaza and no more than two (2) permits shall be issued each calendar year
for the 100, 200, and 300 blocks of Iowa Avenue.
b. No tobacco or alcoholic beverages shall be offered for sale.
c. At a minimum, mobile vendors shall operate durinq the followinq hours from
May 1 to October 1: (1) 11:00 a.m. to 2:00 p.m. on Monday through Saturday;
(2) 5:00 p.m. to 8:00 p.m. on Thursday through Saturday; and (3) three (3)
additional hours each day on Monday through Wednesday as selected by the
permitee.
3. Application Form
The aoDlication form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledqement to be signed by a natural person that he or she has
authority over the permitted use of the sidewalk.
c. List of past permits issued.
d. Description of food and/or beverage product to be sold.
e. Requested location or locations of operation.
22
f. Electrical appliances to be used.
g. Fuel needed to power equipment.
h. Hours of operation.
i. Months of operation.
Location of overnight cart storage.
k. Description of cart including its dimensions.
I. the three (3) additional hours the permitee has selected to operate on
Mondays through Wednesdays.
m. An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated to pay
by reason of any liability imposed upon the city for damages of any kind
resulting from use of public property and the public right of way, whether
sustained by any person or person, caused by accident or otherwise and
shall defend at its own expense and on behalf of the City any claim
against the City arising out of the use of public property and the public
right of way.
n. Acknowledgment that the applicant has contacted the Johnson County
Health Department and has reviewed health code requirements.
o. Insurance is required in a reasonable amount necessary to minimize risk of
harm to persons and property_ based on the intended use, as determined by
the City's Risk Manager.
p. Any other information that the City Manager or designee finds necessary.
B. Issuance or Denial of Permit
C. Standards. The City Manager or designee shall grant or deny the application for a
mobile vendor permit in writing within a reasonable time, which shall be mailed by
ordinary mail or personally delivered to the applicant, and state the reasons
therefore no later than sixty (60) calendar days after the application being filed. The
length of time which is reasonable shall be determined by the type of use requested,
the information supplied, the time the application is filed, and the extent of advance
preparation and planning demonstrated and reasonably required. The city manager
or designee ....shall iss pe '
.... y. ue a rmit * ...... *" c ~'"~'~' ..... '~ .... '* "- *~- .... ~"~'-
';"~'* "' ....... ~* ...... "" .... ;'~"'"*; .... '~ .......... *~'"* if the following conditions
have been met ..... ;~' ~'" '""*'
23
1. An~.,~,,""*~'"';="'~,..,,._..,~ ,~,-.-,u,'~"";"""*"'~,-.,.-,- mobile vending location is available which will not
interfere '"~*~' *~' ...... *~"" cf ....~*~ ....~'~' ..... '~"' *~' ....... ' .... cf *~'"
~-,-~-,,.-"' '~";" ,,u,,,';"~'* .-,"'"'""...., .... -'-'~ the free movement within the emergency/service lane.
2. The applicant's proposed mode of operation will not impede the free flow of
pedestrian traffic along the public right of way or in or out of adjacent properties.
3. The applicant agrees to operate the applicant's business only at--.-.-,u,'~"""'""*"'~,,~..---
assigned mobile vending locations or ;" * .... ;, ~.,.,. ..... ,~...~. -r~. .... ,~,...,.,,,-
4. The dimensions of the applicant's vending cart shall not exceed a size of four feet
(4') wide by nine feet (9') long by eight feet (8') high.
5. The apphcant ...... has adeauate storeage for the mobile vending cart off the city
plaza or public right of way -"'~ -~'"" '~ .... ~'" *~' ...... ;";""- '"- -* ..... ' *~'"
6. The applicant has obtained all necessary permits required by the county
department of health.
7 'r~. .... ,;~..., .... * "'~'"'" tc *~'" "'~'"~"~"*'"*~ ...... '"" gcvcrning .... '"~ .... * ~"'
8.AIl applicable fees have been paid.
9. The aoDlication is fullv completed and executed.
10. The indemnification agreement has been signed.
11. A certificate of insurance showinq compliance with this section has been
provided.
12. The application contains no material falsehood or misrepresentation.
13. The applicant has not damaged City property, and if the applicant has, the
damage has been paid in full, and the applicant has paid all other outstanding and
unpaid debts to the City.
14. The applicant has complied with applicable laws concerning the sale or offerine
for sale of any goods or services.
15. The use or activity intended by the applicant is not prohibited by law.
16. No other mobile vendor permit has been issued for substantially the same
food or beverage product.
24
Contents and Conditions of Permit: The permit shall contain the followinq
information:
1. Permitee's name, teleohone number, and address.
2. Time, date and place of the permitted activity.
3. The permitee's mobile vending location.
4. Such other information that the Citv Manager or designee finds necessary for
the enfomement of this Chapter.
C. Appeals
1. Any party aggrieved by the City_ Manager's or designee's decision to arant or
deny a mobile vending permit may appeal the determination to the City_ Council if,
within five (5) working days after the decision, the party_ files a written notice of
appeal with the City Clerk. In such event, a hearing shall be held by the City_
Council no later than its next regularly scheduled meetina, assuming the appeal
is filed in time to allow notice of said appeal in accordance with Chapter 21 of the
Iowa Code.
2. Upon such hearing, the City_ Council may. based upon the standards enumerated
herein, reverse, affirm or modify_ in any regard the City Manaaer's or desianee's
decision. The City Council's decision is the final decision.
t~D. The sale. transfer, or assignment of a mobile vending permit is expressly
prohibited.
E_~. E~. Revocation of Permit. The City_ Manager or designee, or City_ Council if issued
following an appeal, may revoke a mobile vendina permit if:
1. It is determined by the Chief of Police or the Fire Chief that, by reason of
disaster, public calamity, riot or other emergency, the public safety requires
such revocation.
2. The permitee has misstated any material fact in the application.
25
3. There is a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to
have occurred.
4. The permitee is operating a mobile vending cart in violation of the terms of the
permit.
5. The permitee's insurance has been cancelled.
6. The permittee violates any administrative rules.
· (Ord. 03-4067, 4-8-2003)
A permittee may appeal the revocation in the same manner as appealing the
issuance or denial of a permit.
F. Fees· Fees for mobile vending permits shall be set by resolution of City
Council.
G. Administrative Rules· The City Manager is authorized to establish
administrative rules not inconsistent with any ordinance to carry out the
provisions of this Chapter. A copy of said rules shall be on file with the City
Clerk.
10-3-6: PENALTY:
Any violation of this chapter shall be considered a simple misdemeanor or municipal
infraction as provided for in Title 1, Chapter 4 of this code. (Ord. 95-3676, 5-9-1995;
amd. Ord. 03-4067, 4-8-2003)
CHAPTER 64
POSTING HAND-BILLS
10-4-1: DEFINITIONS:
As used in this Chapter, the following definition shall apply:
26
COMMERCIAL HANDBILL: Any printed or written matter, any sample or device,
circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced
original or copies of any matter or literature: (1) which advertises for sale any
merchandise, product, commodity, or thing (2) which directs attention to any business or
mercantile or commercial establishment, or other activity, for the purpose of either
directly or indirectly promoting the interests thereof by sales; (3) which directs attention
to or advertises any meeting, theatrical performance, exhibition, or event of any kind, or
(4) which, while containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or circulated for
advertising purposes, or for the private benefit and gain of any person so engaged as
advertiser or distributor.
NONCOMMERCIAL HANDBILL: Any printed or written matter that is not a newspaper.
PERSON: Any natural or corporate person, business association or other business
entity including, but not limited to, a partnership, a sole proprietorship, a political
subdivision, a public or private agency of any kind, a utility, a successor or assignee of
any of the foregoing, or any other legal entity.
10-4-2: MANNER OF DISTRIBUTION GENERALLY; UNLAWFUL
DISTRIBUTIONS ON PUBLIC WAYS:
Distribution of ........... ~ .......... commercial handbills and noncommmercial handbills
shall be made in such a manner so as not to create a public nuisance., ^,,'''',~ ..,,,,........,~'~"""~* .... ..,
· -" ..... ~'~ ..... "-" or '-"** .... ~'"" ~'" '~ .... '~ *" ~' ....... ~-',.'~,,".. ~;'*'--'-'" (1978 Code §3-
21; 1994 Code)
10-4-3: POSTING HANDBILL PROHIBITED:
In the riqht-of-way or on public land, no person shall post. stick, stamp, paint or
otherwise affix, or cause the same to be done by any person, any commercial handbill
or noncommercial handbill calculated to attract the attention of the public, upon any
right-of-way or any lamp post, electric light, telephone pole, bulletin board of a kiosk,
railway structure, hydrant, tree or tree-box, or upon the columns, trusses, girders.
railings, gates or other public part of any public bridae or viaduct, or other public
structure or building, or upon any pole, box or fixture of the fire alarm except as may be
authorized or reauired bv law.
10-4-8~_: BILLBOARD MAINTENANCE REQUIREMENTS:
27
All billboards and supports, braces, buys and anchors therefor shall be kept in good
repair and neatly painted or posted at all times. No person shall maintain billboards in
such a manner to allow wastepaper or refuse to accumulate in or about the premises on
which the same are constructed or maintained, and such accumulation of wastepaper or
refuse shall be deemed unlawful littering, (1994 Code)
10-4-45: PENALTIES:
Any violation of this Chapter shall be considered a simple misdemeanor or Municipal
Infraction as provided for in Title, 1, Chapter 4 of this Code. (1994 Code)
CHAPTER 5
CITY PLAZA
10-5-1: PURPOSE AND INTENT:
It is the intent of this Chapter to regulate the use of City Plaza in order to promote the
public health, safety and welfare as follows:
A. Making City Plaza an active and attractive environment and encouraging a pleasant
and aesthetic ambience designed to attract pedestrian-focused traffic and use.
B. Providing the opportunity for creative and colorful pedestrian-focused activities.
C. Encouraging the upgrading of store fronts and the development of compatible and
well-designed elements within Zone 1.
D. Limiting the use of vehicles and bicycles in City Plaza. (1978 Code §9.1-1; 1994
Code)
E. Supporting economic activity by allowing venders to sell their qoods in City Plaza.
F. Ensuring safe movement of pedestrians in City Plaza.
10-5-2: DEFINITIONS:
As used in this Chapter, the following definitions shall apply:
AMBULATORY VENDOR: An indlvid'..'cl person selling goods or services while moving
through Zones 1, 2 and 3 and operating without the use of a mobile vending cart and
with a minimum of equipment, c.g.,..,..,,....,~'"" ...... ,.., ~...,~-"~*.,~.,. ,~,"'-'~"*.,.,. such as a [~erson selling
balloons and a portrait artist;
28
AMBULATORY VENDOR PERMIT: Written authorization by the City for use of public
property_, including public right of way, by an ambulatory vendor as provided in this
Chapter.
APPLICANT: A person who applies for a permit as provided in this Chapter.
ARTS AND CRAFTS: An item that is assembled, created, made, or produced in final
form for sale or display by an individual and not by machine.
ARTS AND CRAFTS VENDOR: A person selling or displaying arts and crafts in Zones
1,2, and 3.
AUDIO AMBIENCE: A localized use of sound intended to create a pleasant, relaxing
atmosphere.
CITY PLAZA: That part of City property extending from the northern right-of-way line to
the southern right-of-way line of College Street from the eastern right-of-way line of
Clinton Street to the western right-of-way line of Linn Street; and extending from the
western right-of-way line to the eastern right-of-way line of Dubuque Street from the
southern right-of-way line of Washington Street to the southern right-of-way line of
College Street. Aisc, beginning at the northwest corner of Lot 4, Block 65, of the original
Town of Iowa City, Iowa, according to the recorded plat thereof, thence north 90
degrees 00 minutes 00 seconds east, an assumed bearing, along the southerly right-of-
way line of Washington Street, 60.28 feet; thence south 00 degrees 03 minutes 02
seconds west, 110.36 feet; thence south 89 degrees 43 minutes 36 seconds west,
59.93 feet to a point on the easterly right-of-way line of Dubuque Street, thence north 00
degrees 07 minutes 39 seconds west, along said easterly right-of-way line, 110.65 feet
to the point of beginning. Except for the following: Commencing at the northwest corner
of Lot 4, Block 65, the original Town of Iowa City, Iowa, according to the recorded plat
thereof; thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing,
along the southerly right-of-way line of Washington Street, 60.28 feet to the point of
beginning; thence south 00 degrees 03 minutes 02 seconds west, 110.36 feet; thence
south 89 degrees 43 minutes 36 seconds west, 1.50 feet; thence north 00 degrees 03
minutes 02 seconds east, 36.36 feet; thence south 89 degrees 43 minutes 36 seconds
west, 2.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 18.0 feet; thence
north 89 degrees 43 minutes 36 seconds east, 2.50 feet; thence north 00 degrees 03
minutes 02 seconds east, 56.0 feet, to the southerly right-of-way line of Washington
Street; thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing,
along said southerly right-of-way line of Washington Street, 1.50 feet to the point of
beginning.
KIOSK: A small, public-owned structure that is stationary and """ ~'" "~*~' .......... *
................ uro that contains newspaper vending units.
LANDSCAPING: Live plant material used strictly for an ornamental or ecological
purpose.
29
VENDING A '
~Ar~m~: VENDOR' r~ .... +"' cf "'"~'" ..... '~ .... '+
-MOBILE VENDOR PERMT: Written authorization by the City_ for use of public property.
including public right of way, by a mobile vendor as provided in Chapter 3.
NEWSPAPER: Any newspaper of general circulation as defined by general law. any
newspaper duly entered with the U.S. Postal Service, in accordance with federal statute
or regulation, and any newspaper filed and recorded with any recordinq officer as
provided by general law. And, in addition thereto, shall mean and include any periodical
or current magazine regularly published with not less than four issues per year. and sold
to the public.
PERMANENT STRUCTURE: Any structure erected for a year-round use.
PERSON: Any natural or corporate person, business association or other business
entity including, but not limited to, a partnership, a sole proprietorship, a political
subdivision, a public or private agency of any kind. a utility_, a successor or assionee of
any of the foreqoing, or any other legal entity_.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, hiqhwav, street.
cartway, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle
or pedestrian travel and dedicated to public use, includina City_ Plaza.
SEASONAL CONSTRUCTION: Any structure erected for a seasonal or temporary
activity and is removed from the Plaza in the off-season.
SIDEWALK CAFE: An outdoor area located temporarily on a public sidewalk contiguous
with a building wherein a restaurant is located and where food and beverages are taken
for consumption by persons sitting or standing at tables in that area. Permitted sidewalk
cafes must abide by the requirements and limitations set forth in this Title. (1978 Code
§9.1-2; 1994 Code; amd. Ord. 95-3676, 5-9-1995)
ZONE 1: The ten foot (10') strip directly abuttina the private property_ lines in City_ Plaza.
Zone 1 extends the length of the City Plaza along all sides of the Plaza. Zone 1 is
illustrated on the City Plaza Map that is kept on file in the office of the City Clerk,
which can be amended, from time to time, by resolution of the City Council.
ZONE 2: The six foot (6') pedestrian lanes in the City Plaza adioining Zone 1 on each
side, the landscaped areas, the areas with street furniture and features and other
areas as specified on the City Plaza Map. Zone 2 is illustrated on the City Plaza Map
that is kept on file in the office of the City Clerk, which can be amended, from time to
time, by resolution of the City Council.
30
ZONE 3: The emergency/service lane in City Plaza. Zone 3 is illustrated on the City
Plaza Map that is keot on file in the office of the City Clerk, which can be amended,
from time to time, by resolution of the City Council.
I 0-53: DESCRIPTION OF .".".ALL ZONES:
10-5-43: BICYCLE AND NONMOTORIZED VEHICLE RESTRICTIONS:
A. Bicycles~: No person shall ride a bicycle within the city plaza; no bicycles shall be
left unattended within city plaza unless located in a bicycle rack; no bicycle shall be
locked or affixed to any post or structure other than a bicycle rack.
B. Nonmotorized Vehicles: No person shall travel upon or operate a nonmotorized
vehicle within the city plaza, except for a person with disabilities using a vehicle
designed for use by persons with disabilities. (Ord. 97-3788, 6-3-1997)
10-5-,~_: MOTOR VEHICLE REGULATIONS:
No person shall operate a motor vehicles, except emergency vehicles, shell bc
..... *"'~ within the limits of city plaza without c .... ~* ~' '"~' .... ~* ....
~. ....... authorization.
by th ity ig ........ ~;'-'-*; ....... '~;"" tc *~'" ~'-"'"-'~-"-
be issued e o manager or des nee ... .... ~.~. .................. u .............. u
A. Any business located on property which does not otherwise abut a public right of
way other than city plaza may be granted a continuous!.qG motor vehicle~....,.,,.;*
authorization upon a showing that such is necessary to provide for the delivery of
goods to or from the business. Such ....;*
,. ....... authorization shall allow the vehicle
within the city plaza only during active loading and unloading.
See title 9, chapter 8 of this code for bicycle regulations.
31
B. Any ~""~"'~'~'"'~
........... person may be granted * ............ ~*
a ..... ~. .... ~ ,. ....... such authorization upon a
showing that the placement or operation of a motor vehicle upon city plaza for a
specified, limited period of time is necessary for delivery or other legitimate purpose.
10-5-65: REMOVAL OF SNOW AND ICE ACCUMULATIONS FROM
BUILDING RUNOFF ~2.
Removal of accumulations of snow and/or ice in Zone 1 of e~ city plaza resulting from
building runoff shall be the responsibility of the adjoining property owner. Vie!aticn cf
"' '~'"""*~"" ! ~.-~.°n ~."~ *~.t.-., ............."'""" (Ord. 02-4044 10-8-2002)
10-5'--76: ANIMALS RESTRICTED~a:
No person shall take, accompany or allow any animal into city plaza except as permitted
in Title 8, Chapter 4, Section12 of the Code. This provision shall not apply to an animal
trained to assist persons with disabilities or an animal that is securely confined within an
animal carrier, kennel, cage, or crate and does not create a public nuisance. (1978
Code {}9.1-6; amd. 1994 Code)
10-5-87: USE-USES OF CITY PLAZA:
§. D',',-I ...... ~.,,~ ...... +^~:^~ ~ .... ~ ~
~2 See also subsection 10-5-861 of this chapter; see also section 14-1A-8 of this code for snow removal
policy.
~3 See title 8, chapters 3 and 4 of this code for animal control regulations.
32
A. ~ ............ Private Uses Authorized in Each Zone
1. ~Zone 1:
a. ~Ambulato~ Vender Permits. A~s and Crafts Vendor Permits,
Sidewalk Cafd Permits, Parade/Public Assembly Permits.
b. Building extensions~.-~",.,, ~.~-"',v ~ -.,~..~"" ..... ~ where, in the sole judgment of
the ci~ council, such extensions enhance the quali~ of ci~ plaza.
c, Landscaping with the permission of the CiW Manager or designee.
d. Display window extensions with the permission of the CiW Manager or
designee
e. Building front and/or basement extensions, provided the use of the
extension is the same as the store activi~ with the permission of the Ci~
Manager or desiqnee,
33
2. 2L-. Zone 2:-.Thc .... ~'~" cress crc cc "~' ..... on thc "'""" '~;
a. Permits issued under either this chapter or Chapter 1.
b. Landscapinq with the permission of the Ci~ Manager or designee.
c. Newspaper racks.
3. ~Zone 3:
a. Ambulato~ Vendor Permits T~ ..... '" to ~ ..... ~ ~""'
B. · Modification Of Plaza Landscaping: Ci~ Plaza landscaping may be modified or
removed to a limited extent if the net effect enhances the ambience of the Ci~
Plaza and if approved by the City Manager or designee. ~c~,.
~,;~,;~. T~ .... ';~-* i!n such cases, the person must agree to restore the
City Plaza landscaping to its original condition upc'n *--~;--*~-.~,,, ,,, ,..,~,, cf *~,, ,~ ..... ~,,, ,,;*. and
provide a bond or escrow account in an amount determined by the Ci~ Manager
or designee. (1978 Code {9.1-8; 1994 Code)
C. Days and Hours of Operation: Buildings extended onto the City Plaza are to be open
at least during normal retail business hours, Monday through Saturday, throughout
the year. Mobile venders~,.~--~ ..... ,,,.,_shall operate during the times proscribed in this
chapter. ~ ...... '"' ~"* .... * ~ ~* '~* ' ~ .... *~ ~"~*~-*'~'"' *~ ..... ~ ,normal
. ~ ......... ~ .................. ',R ~ ..... OR ............. ] ...... u,,
'"~"" *~ .... ~"~* ;" '~*~ * ....*~ ........ (Ord 95-3676 5-9-95)
14 See Title 6 Chapter 4 of this Code for noise control regulations.
34
ManaGer "' '""~ .......~'~ .... cf .... ~' ~ .......... ~*~'"' ~'' *~'" ~ .... ~ *h,, ....,,..,
D__.~ The City Manager or designee may:
1__.~ Require a reasonable amount of insurance coverage for any use in the City
Plaza not inconsistent with other provisions of this Title~., ....... ,...., .*"... ,,~ .................~.. cf
these stated _abcvc to minimize the risk of harm to persons and property
when the activity or event being sponsored on City Plaza~....~.~.~",~ creates a
higher than usual risk of City or public liability exposure due to the nature of the
activity or event or due to the expected number of participants or spectators as
determined by the City's Risk Manager;
2. c. Waive the insurance requirements for events or activities sponsored by the
agencies of the State, the University of Iowa or other governmental subdivisions,
provided such entities enter into an agreement satisfactory to the City Attorney to
,,;'-'~'-'--'-;~",,~..,,,,,,,~ protect and hold harmless the City, its officers, agents and employees
from and against all claims, lawsuits, damages, losses and expenses in any manner
resulting from or arising out of the activity or event covered by the permit or to
accept full responsibility for safe activity or event and to defend the City, its officers,
agents and employees with regard thereto.
35
........... .~ .... ~,;...~ ;.. ,~... i ........ ~, T~.......*...;... cf ~u ,.,..,.., ..... .~.qd
............ , '-,-'~','~z ............................................... Io ,..,~ ......... ng
! "'"""*"'"*~"" "'""*"' ^" """*" cf .... *-'"'*~ ..... to ~'" "":'~ by tho
E. J. Newspaper Vending ,M, achino,~ Units in Kiosks:
1. !.^"... nNewspapers_ .....~/.....~.,....= ...... ,.; .... .~/.....;..,.;~.,.,; ....
,-......~.;...... - .....u,. ;.. utilize the newspaper
............ or .......... .,,~ ,....... . ..... .., or ..,,"" ,-.;,.......~ ,~l"=",,~..,~ ma~'"-*
vending units in the kiosks, r.;,. ....... ,~ .~....~... ..... ;, .... ,~; .....
2. ~ Upon the filing of an application by a ""'~/"- '-'~'"-'*;""-
newspaper ................. with the City
Manager or designee and upon payment of an annual administrative fee, payable
April 1 of each year and set by City Council resolution, the City shall make
available one unit in
.... a kiosk r-;,, ....... .~ ,.....~.,. ...... ,~; ..... ~.~....,.
· -'.,~ ........................ u ............. Each
newspaper or advcrticcr may utilize only one unit ~ unless the number of
applications does not exceed the available kiosk units. *~'" ""*' ....... '~ ""-,'~,.~".
3. ~. If the number of applications exceeds the available kiosk units '--'-'~'"
the City will handle the applications on a lottery basis, to be conducted by the City
Manager or designee prior to April 1 of each year. Thc r-;,,,...... ..,.,~.,"~'"" ....,..,......"""*; .... ,~....,,..
4. After completion of the lottery, if needed, the City Manager or designee shall
provide written notice of the lottery results to the requesting newspapers_. ,?.nd
~d';c."ti.ccr.c. The selected newspapers or advc,'l!ccrc shall pay the annual
administrative fee to the city manager or designee.
5. ~..=ach The newspaper cr ~dvc.'liccr which pays the administrative fee and is
......... unit.
assigned a space may not affix cnc a logo or sign to its assigned '-""'~,.~"- '
36
6. Nothing in this subsection shall be construed to limit or interfere with alternative
methods of distribution available to newspapers and advertisers throughout the city,
as permitted by federal law.
F. Placement of Noncommercial and Commercial Objects.
1. No person shall place any free-standing noncommercial obiect in
City Plaza without authorization issued by the City Manager or
designee.
2. To obtain authorization, the person shall inform the City Manaqer or
designee of the proposed duration of the placement, the proposed
location of the obiect and the physical dimensions of the object.
3. Upon receipt of such information, the City Manager or designee
shall promptly authorize the display for a maximum of thirty_ (30)
days in any one-year period, unless the City Manager or desianee
finds that said object will impede the flow of pedestrian traffic at the
proposed location. If the City Manager or designee finds that said
object will impede the flow of pedestrian traffic at the proposed
location, then the City Manager or designee shall deny the
authorization in writing.
4. Any party aggrieved by the City Manager's or desianee's decision
to grant or deny such authorization may appeal the determination to
the City Council if, within five (5) working days after the decision.
the party files a written notice of appeal with the City Clerk. tn such
event, a hearing shall be held by the City Council no later than its
next regularly scheduled meeting, assuming the aeDeal is filed in
time to allow notice of said appeal in accordance with Chapter 21 of
the Iowa Code. Upon such hearing, the City Council may. based
upon the standards enumerated herein, reverse, affirm or modify in
any regard the City Manager's or designee's decision. The City
Council's decision is the final decision.
5. No person shall place any free-standing commercial object in City
Plaza.
10-5-98: CITY PLAZA USE PERMITS:
37
A. Mobile Vendors: The requirements for mobile vendors in City Plaza are identical to
those for mobile vendors as provided in Title10, Chapter 3, Section 5 of the Code.
~.._.
See also subsection 6-1-2M2 of this code.
38
B. ~ Ambulatory Vendors:
1. Application for Permit
a. Filing Application. (1)An application for a ambulatory vendor permit shall be
filed with the City_ Manager or designee by any person or group of persons
desiring to use the public right of way as provided in this Chapter. If the
applicant is not a natural person, the applicant shall identify a natural person
who has authority to act for the applicant with regard to the ambulatory
vending operation.
(2) All applications must be received at least five (5) working days by
before the proposed start of operations.
(3) Applications shall be made on forms prepared by the City Manager or
designee.
5. Application Form
The application form shall contain the following information:
(1) Name, address, and telephone number of the applicant.
(2) An acknowledgment to be signed by a natural person that he or she
has the authority to act on behalf of the ambulatory vending operation.
(3) List of past permits issued.
(4) Product to be sold.
(5) Hours of operation.
(6) Months of operation.
(6) An agreement in which the applicant shall agree to:
pay on behalf of the City all sums which the City shall be obligated
to pay by reason of any liability imposed upon the city for damages
of any kind resulting from use of public property_ and the public right
of way, whether sustained by any person or person, caused by
accident or otherwise and shall defend at its own expense and on
behalf of the City any claim against the City arising out of the use of
public property and the public right of way.
(7) Acknowledgment that the applicant has contacted the Johnson County
Health Department and has reviewed health code requirements.
(8) Fee
39
(9) Insurance is required in a reasonable amount necessary to minimize
risk of harm to persons or property based on the nature and size of the
event, as determined by the City's Risk Manager, The insurance
requirement may be waived if applicant demonstrates inability to obtain
insurance or to pay the cost of insurance.
(10) Any other information that the City Manaqer or designee finds
necessary.
2. Issuance or Denial of Permit
~-. Standards. The City Manager or designee shall grant or deny the application for
the ambulatory vendor permit within a reasonable time, which shall be mailed by
ordinary mail or personally delivered to the applicant and stating the reasons
therefore no later than sixty (60) working days of the application being filed. The
length of time which is reasonable shall be determined by the tvDe of use reguested,
the information supplied, the time the application is filed, and the extent of advance
preparation and planning demonstrated and reasonably rec~uired. The city manager
or designee mc.~', shall issue an ambulatory vendor permit f-,,,.., *~',.,,. .......... ~.,,,~..,.,,... cf
of *~ .... ~;""'"*'" ....... ~ ~' '"~ ...... '~ ........... . .... if the following conditions
have been or will be met.
a. All The applications for "'~"""+ ....... ~ ....... *~ ....... * ~'" is received at
least five (5) working days before the proposed start of operations.
A b__.. The applicant will operate without the use of a mobile vending cart and with a
minimum of equipment.
B c__.. The applicant's proposed mode of operation will not impede the free flow of
pedestrian traffic along the city plaza right of way, nor shall it interfere with such
pedestrian movement into or out of retail establishments fronting on the plaza.16
C, d.. The applicant will conduct the vending completely within the boundaries of
city plaza.
e_.d=-. The applicant has obtained all necessary permits required by the county
department of health.
f. AII applicable fees have been paid in full.
g. The application is fully completed and executed.
h. The indemnification agreement has been signed.
See also subsection 6-1-2M2 of this code.
40
i. A certificate of insurance showing compliance with this section has been
provided.
j. The application contains no material falsehood or misrepresentation.
k. The applicant is legally competent to contract and to sue and be sued.
I. The applicant has not damaged City_ property_, and if the ap[~licant has, the
damage has been paid in full, and has paid all other outstanding and unpaid
debts to the City.
m. The applicant has complied with applicable laws concerning the sale or
offering for sale of any goods or services.
p. Such other information that the City Manager or designee finds necessary for
the enforcement of this Chapter.
Contents and Conditions of Permit. The permit shall contain the following
information:
1. Name, telephone number, and address of permittee.
2. Time, date and place of the permitted activity.
3.Such other information that the City Manager or designee finds necessary for
the enforcement of this ordinance.
3. Appeals
Any party aggrieved by the City Manager's or desionee's decision to issue or deny a
permit under this Chapter may appeal the determination to the City Council if. within
ten (10) working days after the decision, the party files a written notice of appeal with
the City Clerk. In such event, a hearing shall be held by the City Council no later
than at its next regularly scheduled meeting, assuming the aDoeal is filed in time to
allow notice of said appeal in accordance with Chapter 21 of the Iowa Code.
Upon such hearing, the City Council may, based upon the standards enumerated
herein, reverse, affirm or modify in any regard the City_ Manager's or designee's
decision. The City_ Council's decision is the final decision.
~ 4. The sale, transfer, or assignment of an ambulatory vendori,qg permit for city plaza
is expressly prohibited~ (1978 Code §9.1-8; amd. 1994 Code)
5. Revocation of Permit.
The City Manager or designee, or City Council if issued following an appeal, is
authorized to revoke an ambulatory vendor permit issued under this Chapter
whenever
41
a. ']'he permit has failed to comply with any provisions of this Chapter
b. The permitted activity creates an obstruction to pedestrian use of the City
Plaza or a nuisance or violates of any statute, law, rule or regulation involvinq
the permitted event.
c. It is necessary to protect health or safety as determined by the Police Chief or
designee or Fire Chief or designee.
d. The permitee has misstated any material fact in the application.
e. There is a substantial and material variance between the information in the
application and the actual facts or those facts which appear reasonably to
have occurred.
f. The permitee is operating in violation of the terms and conditions of the
permit.
g. The permitee's insurance has been cancelled.
A permittee may appeal the revocation in the same manner as appealinq the
issuance or denial of a permit.
6. Fees. Fees for ambulatory vendor permits shall be set by resolution of the City
Council.
C. Plaza Cafes: (Rep. by Ord. 95-3676, 5-9-1995)
D r~,~.... ~ .... *"' For "" "*~' ....... * ...... ';""""" ~"' *~' ..... of "~*" '" ....... * ~'"
E. Permanent An~ Tempor~ Structures: T~e oi~ m~n~ger or ~esignee, upon
~pprov~l of city counoJl, m~y enter into ~n ~greement for t~e s~le or le~se of publJo
right of w~y in t~e city pl~z~ for t~e construction of ~n ~ition to ~n existing store
[ront or for t~e tempor~ or seasonal use o[ zone 1 by t~e owner or operator of
~bu~Jng prope~y. 8~i~ le~se or s~le s~ll only be entere~ into ~ffer c~reful
consideration ~n~ ~ssur~noe t~t t~e following oon~itions ~ve been or will De met:
1. BuJl~Jng Design:
42
a. Additions to buildings shall be harmonious in scale and design with permanent
neighboring structures and with the City Plaza.
b. Materials shall be suitable for the style and design of buildings in which they are
used.
c. Materials which are architecturally harmonious shall be used for all building
walls and other exterior building components wholly or partly visible from public
ways.
d. Selection of materials shall be guided by the following:
(1) Harmony with adjoining buildings.
(2) Relationship to the brick and wood theme of City Plaza.
(3) Materials shall be of durable quality.
e. Building components, such as windows, doors, eaves and parapets, shall have
good proportions and relationship to one another.
f. Colors shall be selected for their harmony and/or ability to complement the color
scheme of the City Plaza.
g. Mechanical equipment or other utility hardware on roof, ground or buildings
shall be screened from public view with materials harmonious with the building
or shall be located so as not to be visible from any public ways.
h. Exterior lighting shall be part of the architectural concept. Fixtures, standards
and all exposed accessories shall be harmonious with building design.
2. Signs:
a. All signs shall be part of the architectural concept. Size, color, lettering, location
and arrangement shall be harmonious with the building design and shall be
compatible with signs on adjoining buildings.
b. Materials used in signs shall have good architectural character and be
harmonious with building design and the materials used in the City Plaza.
c. Every sign shall express, in scale and in proportion, an appropriate visual
relationship to buildings and surroundings.
d. Colors shall be used harmoniously and with restraint. Excessive brightness and
brilliant colors shall be avoided. Lighting shall be harmonious with the design. If
external spot lighting is used, it shall be arranged so that the light source is
shielded from view.
3. Additional Criteria:
43
a. The Design Review Committee may, from time to time, formulate additional
design criteria for the review of proposed construction pursuant to this Chapter.
Such criteria shall become effective when adopted by the City Council by
resolution. (1978 Code §9.1-8)
b. b. No building permit for the construction of any temporary structure or any
building extension to be constructed pursuant to this Chapter shall be issued
until plans for said construction have been reviewed by the Design Review
Committee and approved by the City Council. The Design Review Committee
shall, within thirty (30) calendar days of receipt of said plans, review the plans
and advise approval, approval with conditions or disapproval in a written report
forwarded to the City Council and the applicant. City Council approval of the
plans shall require a majority of votes cast at any meeting at which a quorum is
present. (Ord. 94-3639, 9-13-94)
4. Illumination: Nighttime interior illumination of all building fronts and basement
extensions, display window extensions and basement stairwells is required during
hours of operation.
5. Construction Costs: All costs of construction are to be paid by the oermittee.
including costs of damage or repair to the City Plaza caused by the construction.
10 5 10: P-z=R,n.n. IT APPLICATION PROCSDURE$:
1994 Code)
10-5-9: ADMINISTRATIVE RULES:
44
The City Manager is authorized to establish administrative rules not inconsistent with
any ordinance to carry out the provisions of this Chapter. A copy of said rules shall be
on file with the City Clerk.
· (1978C §9 10; de)
..................................... ,~ ........ ode .1- 1994Co
10 5 12: 'r.'D.~,~.^'r.,'~. A~,r~
^ Tgrm "~ Pgrm~t=: Permit-," *
B Tr''''''~'''''~';~;*'' of c,,..,...,: ..,.,~ i ...... c,,..,~,;, ....... , .... ~.....:.l.. i ......... ~...
D C :~ ...... *;"" of o......;,. 'r~,.. r,;+,,
~. ...................... O; ............. 3. .......... O,~ ................. ·
10-5-10: PENALTIES:
Any violation of this Chapter shall be considered a simple misdemeanor or municioal
infraction as provided for in Title 1, Chapter 4 of this Code.
CHAPTER 9
PARKS AND RECREATION REGULATIONS
10-9-1: DEFINITIONS:
45
As used in this Chapter, the following definitions shall apply:
APPLICANT: A person who applies for permit as authorized in this chapter.
DIRECTOR: The Director of the Parks and Recreation Department.
PARADE: A march or procession of more than twenty-five (25) persons, vehicles or
other forms of transportation, such as bicycles, or any combination thereof, in or upon
the public riqht of way or in a park that necessitates or results in the exclusion, in whole
or in part, of use of the public right of way, including a park by othersA m,~rch or
at I~rgc. Funeral processions shall not be deemed to be included in this definition and
shall not be considered a parade.
PARK, PUBLIC PARK: Any park or playground owned or controlled by the City,
including streets, trails, and -el roadways therein.
PARK FACILITY: A baseball field, softball field, soccer field, tennis court, swimminq
pool, secured shelter, or an unsecured shelter in a park or Riverside Festival Staoe.
PERSON: Any natural or corporate person, business association or other business
entity includinq, but not limited to, a partnership, a sole proprietorship, a political
subdivision, a public or private agency of any kind, a utility, a successor or assignee of
any of the foregoing, or any other legal entity.
PUBLIC ASSEMBLY =~.~T~DT^~.~.~'. An ..... ~ '"~'"*~'"- "'~'"'~""'" or ""* '"~'~"~'
..... ~.~ ..... ~,;~.;,;,... ~ ...... ,,. /~on~ ~-,.,~ Any meeting demonstration picket line
rally or gathering of more than twenty-five (25) persons for a common purbose as a
result of prior planning that interferes with the normal flow or regulation of pedestrian or
vehicular traffic on the public right of way or in a park or occupies any area in the public
right of way or in a park.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street.
bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or
pedestrian travel and dedicated to public use.
SPONSORING AGENCY: Any organization or group, reqardless of whether it is legally
constituted, and including but not limited to corporations and partnershios, on whose
behalf a natural person individual makes application for a park permit.
TRAIL: A way or place, the use of which is controlled by the City as owner of the real
property, used for persons walking, jogging, skateboarding, in line skating, or bicycling
or motorized devices designed for and used by persons with disabilities.
46
10-9-2: PROHIBITED ACTIONS IN PARKS AND PLAYGROUNDS~?:
park ....
In any ""'~ ''~ ......... '~ ................ · no person shall:
A. Damage To Property, Animals, Trees And Plant Materials:
1. Pick or destroy any plant materials or walk or run upon any flower beds.
2. Break or tear any limbs or branches from any tree.
3. Throw objects or missiles at any animal or bird or molest any animal or bird in any
way.
4. Tear down, mutilate, destroy or carry away any sign constructed under the
authority of the City Council or the Parks and Recreation Department.
5. Tear down, mutilate, destroy or burn any building,-eF shelter eF equipment, picnic
table, grill, or any personal oropertv owned by. the City ~"""*"'~,....,~,..,. ,,,; ........ ,.,,, ,.,~,,.~' or
B. Motor Vehicles And Traffics8:
1. Park any vehicle in any area where parking is prohibited by posted signs.
2, Drive ' ' '
any vehicle w~thm any park .., ~-,~ u ....... except upon the designated
streets, driveways and parking areas of such parks,~,-"'~,.. ,.,,~,"' ......... u,-..., ,,~.~.'~" except
motorized devices designed for and used by persons with disabilities.
4 3.. Drive ' ' ' """' .........
any vehicle w~th~n any park .., ~,,,~ ...... at a speed in excess of fifteen
(15) miles per hour~9, unless otherwise posted.
§__4. Drive any vehicle in the wrong direction upon any one-way street within a park.
C. Weapons2°: Carry firearms or weapons into any park "- "' .........
D. Animals2~:
1. Bring, cause or permit any pet to enter into any park..,"- ,~,,~,u,,-,-,,.~ ''~ ......... '~ unless such
pot animal is on a leash or confined either ima vehicle or ccmc *,~,.,. ..... ..,' ........~.,,~..,..*- ~'"' _or
in a cage, kennel, crate, or carrier.
~? See subsection 14-3H-11C5 and C6 of this Code.
~0 See Title 9 of this Code for motor vehicle and traffic regulations and Section 10-9~3 of this Chapter,
~0 See subsection 9-3-6A2e of this Code.
20 See Title 8, Chapter 7 of this Code for weapons control.
2~ See Title 8, Chapters 3 and 4 of this Code for animal control regulations.
47
2. 2~-. Ride any horse in any park..,"- ,.,.~, u,...~,,.."' ......... '~ except upon streets and
· -"*~-- trails, and then only if the horse-rider provides for the immediate disposal
of solid waste material excreted by any animal.
3. This provision shall not apply to an animal trained to assist persons with
disabilities or to a person issued a permit as authorized in section 8-4-12.
E. Fires22: Build or aid and abet the building of any fire in any park cr "' ......... '~
except in stoves or fireplaces designated for such purposes.
F. Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any
park or "' ......... '~
G. Practice Golf: Practice golf in any park cr "' ......... '~
H. Unauthorized Use Of Buildings: Occupy any shelter hc'~'cc or building or recreation
area which has been reserved by others through the provisions of this Chapter or
install any unauthorized reserved sign in any shelter, building or recreation area.
/I. Hours:
1. Except as provided for specified parks herein, Qg_ccupy any park eF
p,,~ ...... , whether on foot or in a vehicle, or permit any vehicle to remain
-" ......... '~ between the hours of ten thirty o'clock
parked in any park cr ~-,.~Ju ......
(10:30) P.M. and six o'clock (6:00) A.M. unless granted special authorization
by the City.
......... , ,,_rom April 15 to October 31 the hours shall be from eleven o'clock
(11:00) P.M. to six o'clock (6:00) A,M. in City Park and Mercer Park. (1978
Code §25-1; 1994 Code);
3. Occupy, whether on foot or in a vehicle, or permit any vehicle to remain
parked from dusk to dawn at the following parks: Waterworks Prairie Park,
Peninsula Park, Hickory Hill Park, and Ryerson's Woods Park. Dusk means
thirty (30) minutes after the time desiqnated each calendar day as "sunset"
and dawn means thirty (30) minutes before the time designated each
calendar day as "sunrise" by the United States Naval Observatory for 10wa
City, Johnson County, Iowa. Said designations can be accessed via the
internet at <http://aa.usno.navy.mil>.
J. Bicycles And Nonmotorized Vehicles:
22 See Title 6, Chapter 6 of this Code for open burning.
48
1. No person shall travel upon or operate a bicycle or nonmotorized vehicle within
Chauncey Swan Park;
2_.2~-. Persons may travel upon or operate bicycles and nonmotorized vehicles in all
other City parks except where posted as prohibited, and only to the extent the
nonmotorized vehicles are used in a safe manner so as not to injure persons or
property. (Ord. 97-3788, 6-3-1997)
3. This provision shall not apply to a person with disabilities using a nonmotorized
device designed for a person with disabilities.
10-9-3: TRAFFIC AND PARKING REGULATIONS23:
A. Duties Of Director: The Director is hereby authorized and directed to: 1) designate
streets and drives for use within the parks.~.,..""'~ ~,.~u,.-.~,.-..~, ''~ ......... '~' 2) designate parking
areas for the parks.~,...""'~ .,.~u,.........., ''~ ......... '~"' and 3) prohibit, regulate or limit stopping,
standing or parking of vehicles on the streets, driveways and parking areas in the
parks and~...~ ''~ ......... ~,...~,,.~..'~ at all times or during specified hours. The Director shall also
cause signs to be posted designating streets, drives and parking areas or
prohibiting, regulating or limiting stopping, standing or parking in the parks
pl,~u ......... ........ '~" (1978 Code §25-2; 1994 Code)
B. Vehicle Owner Prima Facie Responsible for Violations: If any vehicle is found
stopped, standing or parked in any manner violative of the provisions of this Chapter
and the identity of the operator cannot be determined, there is a rebuttable
presumption that the pcrccn ~ .... ~' ........... ~' '"'~'~'" ;~
owner or .................................... or
-'---;'-*'---'-~ '-~"-~' ~-'- ~-'-"~ -'-;'-'" '""~" is responsible for such violation. (1978 Code
§25-5; 1994 Code)
10-9-4: PARK FACILITY P~RMI-T24:
A. A:-. Permit Required: lit shall be unlawful for any person or group of persons to use
any park or the facilities of any park, ;'' "-'* ; .... ~'"'" ~ ......... ~";" ""*"'*"; ....
f,.~,,~ilif;^,-, h,, ,I-h .... hi; .......... ]~" "*: .... without complying with the requirements
of Title 10 Chapter 1 including first having obtained a parade/public assembly permit
if applicable-frc.m thc D!rcctcr. (1978 Code §25-49; 1994 Code) _
B. Secured Shelter: No person or sponsoring aqency shall use a secured shelter
without obtaininq the authorization of the Director or designee.
C. Park Facility: Any person or sponsoring agency may reserve a park facility by
completing an filing an application with the Director on a form prepared by the
Director.
23 See subsection 10-9-2B of this Chapter and Title 9 of this Code.
24 See also Chapters 1 and 2 of this Title.
49
5O
........ ~,~, ................................... V~,':~,q C,O .............
10-9-5: FEES FOR USE OF CITY PARK AND RECREATION AREAS
AND FACILITIES:
A. Fees Established: Upon recommendation of the Parks and Recreation Commission,
all parks and recreation fees shall be established by resolution of the City Council.
(1994 Code)
B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized
to reduce or waive fees for use of park facilities or equipment for affiliate groups_ or
organizations providing public recreational opportunities and which are under the
sponsorship or co-sponsorship of the Parks and Recreation Department. (1978
Code {}25-37; 1994 Code)
52
10-9-6: PENALTIES:
Any violation of this Chapter shall be considered a simple misdemeanor or Municipal
infraction as provided for in Title 1, Chapter 4 of this Code. (1994 Code)
CHAPTER 11
FARMERS MARKET
10-11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply:
DIRECTOR: The Director of City Parks and Recreation Department.
FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan
parking ramp that is intended to provide an opportunity for individuals to sell permitted
items that are grown or produced by them, which conform to all applicable city, county,
and state health and safety provisions, including state department of agriculture
regulations.
FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy
a stall and to sell items in the Farmers Market.
PERSON: A natural person.
SEASON VENDOR: A Farmers Market Vendor who is authorized by the City to occupy
a stall for the entire season.
STALL: A space designated by the Director in the Farmers Market that a Farmers
Market Vendor is authorized to occupy in order to sell items consistent with the
provisions of this chapter.
10-11-2: REGISTRATION
A. Authorization Required. No person shall sell or offer for sale any item at the
Farmers Market without authorization from the Director or designee.
B. Obtaining Authorization. In order to receive authorization, a person shall register
with the Director at least one (1} day in advance of the market date on a form
prepared by the Director.
C. Registration Form. The re.qistration form shall contain the following information:
1. Name, address, and telephone number of the Farmers Market Vendor.
53
2. Agreement to indemnify the City.
10-11-3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION
The Director or designee shall examine the registration form and shall grant
authorization if the following conditions are met:
A. All applicable fees have been paid
B. A stall is available
C. The person has not had his or her Farmers Market authorization revoked in
the last year
D. If there are not sufficient stalls for all persons who apply for a stall, a Season
Vendor from the previous calendar year shall have priority over a person who
was not a Season Vendor from the previous calendar year.
10-11-4: APPEALS
A. Any party aggrieved by the decision of the Director to grant or deny authorization
under this Section may appeal within ten (10) calendar days of the date of the
decision by filing a written notice of appeal with the City Manager
B. The hearing shall be before the City Manaqer, who may reverse, affirm or modify, in
any regard, the determination of the Director based upon the standards enumerated
herein. The City Manaqer's decision is the final decision of the City.
10-11-5: REVOCATION OF AUTHORIZATION
A. Authorization may be revoked by the Director if:
1. The Farmers Market Vendor has misstated in any way material facts on the
registration form
2. There is a material variance between the information on the registration form and
the facts reasonably ascertained by the Director.
3. When, by reason of disaster, public calamity., riot or other emergency, as
determined by the Director, City Manager, Fire Chief, or Chief of Police. that the
safety of the public requires such revocation.
54
4. The Farmers Market Vendor is operating in violation of the terms and conditions
of the authorization.
B. A person may appeal a revocation of authorization in the same manner as appealing
the denial of authorization as provided in this chapter.
10-11-6: ADMINISTRATIVE RULES
The Director is authorized to establish administrative rules.
10-11-7: FEES
Fees for authorization of a Farmers Market Vendor shall be established by resolution of
the City Council. A copy of said rules shall be on file with the City Clerk.
10-11-8: PENALTIES
Any violation of this Chapter shall be considered a simple misdemeanor or municipal
infraction as provided for in Title 1, Chapter 4 of this Code
sue/codoctuff,~,mPUPL final.doc
**Final draft**
55
Prepared by: Mitchel T. Behr, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE", CHAPTER 4,
ENTITLED "LAND CONTROL AND DEVELOPMENT", ARTICLE C, ENTITLED "HISTORIC
PRESERVATION REGULATIONS", TO ADD CERTAIN PROVISIONS TO SECTION 4, ENTITLED
"RULES OF THE COMMISSION" AND CERTAIN PROVISIONS TO SECTION 7, ENTITLED
"APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS"~ IN ORDER TO ALLOW FOR THE
APPOINTMENT OF A HISTORIC PRESERVATION DESIGN REVIEW SUBCOMMITTEE TO REVIE~N
APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS.
WHEREAS, the Historic Preservation Commission and City Council wish to provide for the establishment
of an historic preservation design review subcommittee to review applications for certificates of
appropriateness and make recommendations to the Historic Preservation Commission; and,
WHEREAS, it is in the public interest to provide for careful review and consideration of such applications
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
iOWA:
~. City Code Title 14, entitled "Unified Development Code", Chapter 4, entitled
"Land Control and Development", Article C, entitled "Historic Preservation Regulations", Section 4, entitled
"Rules of the Commission", sub-section C, is hereby amended to add the following:
The Commission shall have the authority to establish an historic preservation design review
subcommittee to review and make recommendations to the Commission regarding applications for
certificates of appropriateness. Said subcommittee shall consist of three members of the Commission,
appointed annually by the Commission.
~. City Code Title 14, entitled "Unified Development Code", Chapter 4, entitled
"Land Control and Development", Article C, entitled "Historic Preservation Regulations", Section 7; entitled
"Applications for Certificates of Appropriateness'"', sub-section C-2, is hereby amended to add the following:
If an historic preservation design review subcommittee has been established by the Commission, the
Commission shall immediately transmit the application and accompanying plans and other information,
to said subcommittee. The historic preservation design review subcommittee shall, within a reasonable
time, give written notice to the applicant, hold a meeting to review and consider the application and its
compliance with the guidelines established by law and this Ar[icle, and make a recommendation
regarding the application to the Commission.
~. All ordinances and parts of ordinances in conflict with the previsions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this __ day of ,20.__
MAYOR
ATTEST:
CITY CLERK
Approved by
Ppdadmin\or'~histodcdesignreview.ord
Ordinance No.
Page __
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilbum
First Consideration 1 / 6 / 04
Voteforpassage:AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott. NAYS: None. ABSENT: None.
Second Consideration 1/20/04
Vote for passage: AYES: Lehman,O'Donnell, Vanderhoef, Wilburn, Barley,
Champion, Elliott. NAYS: None. ABSENT: NOne.
Date published