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HomeMy WebLinkAbout2004-02-17 Ordinance Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-1) ZONE WHEREAS, the Commercial Office Zone (CO-1) is intended as a potential location for religious institutions under similar conditions as other public assembly-type uses; and WHEREAS, the current lot size and setback requirements for religious institutions in the CO-1 Zone are inconsistent with the requirements for religious institutions in similar commercial zones; and WHEREAS, allowing religious institutions to locate in the CO-1 Zone by grant of a special exception will provide the opportunity for religious institutions of various types and size to located in the CO-1 Zone under the guidance and scrutiny of the Board of Adjustment, similar to how these uses are allowed in other commercial zones; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: City Code Title 14, Chapter 6, Zoning, Article E, Commemial and Business Zones, Section 1, Commercial Office Zone(CO-I), Subsection C., Provisional Uses, is hereby amended, deleting paragraph 2: Subsection D, Special Exceptions, of this same Section is hereby amended adding paragraph 6: 6. ReliRious institutions. The remaining paragraphs of this subsection D. are hereby renumbered accordingly. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 VII. 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 (~ I ~'~,'~Z~O'l::~ E Y'8 OFFICE 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 2/17/04 Voteforpassage: AYES: Wilburn, Bailey,' Champion, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: Lehman. Second Consideration Vote for passage: Date published Prepared by: Jessica Hlubek, Planning intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.26 ACRES OF PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE {CB-5) TO PUBLIC/CENTRAL BUSINESS SUPPORT ZONE (P/CB-5) FOR THE EAST HALF OF BLOCK 102, EXCLUDING 30'1 SOUTH DUBUQUE STREET. WHEREAS, Section 14-61-1 of the Iowa City zoning ordinance requires that land owned by a government entity shall be zoned P, Public; and WHEREAS, the City of Iowa City is the owner and title holder of approximately 1.26 acres of property located on the east half of block 102, excluding 301 South Dubuque Street; and WHEREAS, the City of Iowa City has initiated the rezoning of the said property from CB-5, Central Business Support, to P/CB-5, Public/Central Business Support; and WHEREAS, a portion of the property will be leased for commercial uses consistent with the CB-5 zone; and WHEREAS, the P/CB-5 zoning classification is consistent with the zoning classifications of properties owned by the Federal government, the State, the County, the City, and all political subdivisions thereof. 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 Central Business Suppod (CB-5) to Public/Central Business Support (P/CB-5): mi of Lot 4, Block 102, and the South 28 feet of Lot 3, Block 102; Lot 1, except the north 37 feet of the east 55 feet, and the north 29 feet of Lot 2, Block 102; and the south 51 feet of Lot 2 and the north 52 feet of Lot 3, Block 102, Original Town, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. · 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. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the office of the county recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of this 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 required by law. Passed and approved this__ day of ,20___ MAYOR ATTEST: CITY CLERK Approved by Cify'At~o-rney'~ Office Ppdadmin/ord/301sdubuque.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 2/3/04 Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration 2/17/04 Vote for passage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: Lehman. Date published Prepared by Amanda Cline, Planning Intern, 410 E. Washington St., Iowa Ci~, IA 52240; 319-356-5231 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED ADJACENT TO 425 BELDON AVENUE. WHEREAS, the City of Iowa City has initiated the vacation of a 184 square foot podion of the right-of- way located to the north of Beldon Avenue; and WHEREAS, the said right-of-way is not necessary for public use; and WHEREAS, the City has no plans to develop the right-of-way for street access; and WHEREAS, it is in the City's interest to vacate this area to allow it to be traded for land needed for right-of-way at the intersection of Beldon Avenue and Grove Street; and WHEREAS, the Planning and Zoning Commission recommended vacation of this right-of-way subject to the retention of any necessary utility easements and the conveyance of the right-of-way being approved concurrently with the approval of the ordinance vacating the alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION: Subject to the retention of any necessary utility easements, and the conveyance of the right-of-way being approved concurrently with approval of the ordinance vacating the alley, the City of Iowa City hereby vacates the right-of-way legally described as follows: THE ALLEY LYING ADJACENT TO LOT 8, BLOCK 2 OF MANVILLE HEIGHTS ADDITION TO IOWA CITY, JOHNSON COUNTY, IOWA. COMMENCING AS A POINT OF REFERENCE AT THE NORTHEAST CORNER OF SAID LOT 8; THENCE SOUTH .89'24' WEST 22.8 FEET ALONG THE NORTH LOT LINE OF SAID LOT 8 TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'24' WEST 126.9 FEET ALONG THE SAID NORTH LINE TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE NORTH 0'05' EAST 2.9 FEET ALONG THE WEST LINE OF SAID LOT 8 EXTENDING NORTHERLY; THENCE SOUTH 89'17' EAST 126.9 FEET TO THE POINT OF BEGINNING AND CONTAINING .0042 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. REPEALER: All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordinances 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 adjudicated 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 Approved by City Attorney's O~'~ce Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon mil call them were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman · O'Donnell Vanderhoef Wilbum First Consideration 2/3/04 Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Second Consideration 2/17/04 Voteforpassage:AY£S: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: Lehman. Date published Prepared by: John Yapp, PCD, City of Iowa City, 410 E1 Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ03-00027) ORDINANCE NO. 04-4].3.3. 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, OSAJCH1, 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 N ll°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 N11o27'40"W, along said Line, 556.10 feet, to its intersection with the Southerly Right-of-Way Line of Iowa Highway Number 1; Thence N34~54'32"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 Compensatory Mitigation Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Compensatory Mitigation Plan 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. N&-,~I 11 Page 2 SECTION IV. REPEALER. AJI ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or pad 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, d~ approved this 17th day of February ,2004. CI'I=y--C LERK Aped by ppdadmin/ord/rezO3-OOO27.doc Ordinance No. 04-4111 Page 3 Itwas moved by Champion and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X VVilburn First Consideration 1/6/04 Voteforpassage: AYES: Elliott, Lehman, O'Donnel], Vanderhoef, Idi]burn,Bailey. NAYS: None. ABSENT: None. Second Consideration 1/20/04 Voteforpassage:AYES: £]]iott, Lehman, O'Donnel], Vanderhoef, 14i]burn, Bailey, Champion. NAYS: None. ABSENT: None. Date published 2/25/04 \ Prepared by:~n Yapp, PCD, City of Iowa City, 410 E. Washington Street, fowa City, IA 52240; 319-356-5247 (REZ03-00027) ORDINANCE NO. 04-4111 AN ORDINANC~.REZONING APPROXIMATELY 26.98 ACRES FROM HIGHWAY COMMERCIAL, CH1, TO SENSITIVE ~REAS OVERLAY, SAC/CH1, FOR PROPERTY LOCATED WEST oF MORMON TREK BOULEVARD ANb SOUTH OF HIGHWAY i. WHEREAS, .lames R. Davis has applied for a preliminary plat of J.lR Davis Addition, an approximate 26.98 acre, 8-lot commercial Subdivision located west of Mormon Trek Boulevard and south of Highway f; and ~,. WHEREAS, because wetlands, exist on the property and the property owner has proposed disturbing the wetlands, a Sensitive Areas Ovett,ay rezoning is required; and WHEREAS, the applicant has sul~itted a Compensatory Mitigation Plan which proposes replacing the wetlands proposed to be disturbed with i~reated 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 provisior~s, as is permitted, in the Sensit~e Areas Ordinance; and WHEREAS, the Compensatory Mitigatibn Plan has aso been sub/nitted to the United States Army Corps of Engineers in order to obtain appropriate federal permits related'io disturbing wetlands; and WHEREAS, the Planning and Zoning Commission has review~ed the Sensitive Areas Development Plan, Compensatory Mitigation Plan and proposed wetland buffei' 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 b'~low is hereby reclassified from its current designation of Highway Commercial, CHI, to Sensitive Areas Overlay, OSA/OH.1, end the associated Sen5itive Areas Development Plan and Compensatory Mitigation Plan are hereby approved: Commencing at the East Quarter Corner of Section 20, Township ?g North, Range 8 West, of the Fifth Principal Meridian~ Thence SSg°§5'42"W, along the North Line of the 8outheast Quarter of said Section 20, a distance of 1008.2:3 feet to the POINT OF BEGINNING~ Thence Southeasterly, 24.28 feet, along a 4§0.00 foot radius,6urve concave Northeasterly, whose 24.28 foot chord bears 8.17°53'82"Ei Thence 8outhea~terly, 157596 feet, along a '1850.00 foot radius curve, concave Northeasterly, whose f528~74 foot chord bears 840°45'05"Ei Thence 800°08'§4"W, 4:3.34 feetl Thence 889°'58':36"W, ~360.64 feet, to a Point on the Easterly Right-of-Way Line of Primary Road No.5.181 Thence N~II°:39'22"W~ along said Right,of-Way Line :36Z.g0 feet~ Thence N4.1~27'40"W, along said Right-of-Way Line, '157.58 feetl Thence N.1.1°27'40"W, along said Line, 556.'10 feet, to it5 intersection ~ith the Southerly Right-of-Way Eine of Iowa Highway Number Thence N:34~54'~2"E, along ~aid Right-of-Way Line, 245.:30 feetl Thence N40°02'4.1"E, along 5aid Right-of-Way line, '18'1.0:3 [~etl Thence N:3'P2'1'09"E, along said Right-of-Way line, 140.86 feet~ Thence N47°08''12"E, along said Right-of-Way line, 54.'15 feetl ThenCe 84go45'28"E, 2'10.60 feetl Thence 802°33'2@"W, ,~:'66 feetl Thence Southeasterly, 75.58 feet, along a 940.00 foot radius curve, concave SouthWesterly whose 75.56 foot chord bears 845°'52'0~"Ei Thence 820~27'0:3"E, :3'1.29 feetl Thence/$$:3°:39'47"W, 88.57 feet, to the Point of Beginning. 8aid Tract of land contains 26.98 acres, more or less, and is subject to easements and restrictions of record. SECTION II. Z¢~ING MAP. The Building Inspector is hereby authorized and directed to c~nge the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final pa$$a!j~e, approval and publication of this ordinance by law. 8ECTIOI'~III. CERTIFICATION AND REOORDIN8 Upon passage and approval of the Ordinance, and affer ez~,~cution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a./~op.y of this ordinance and the Conditional Zoning Agreement and to record the s~me, along with the ap,,~'roved Sensitive Areas Development Plan, at the office of the County Recorder of dohn$on County Iow , at thethe cowner's expense, all as provided by law. .~at 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 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 there 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 SIDEWALK: 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 mamh 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. 7. Names and addresses of the persons to be in charge of the proposed use at the specified location. 8. List and description of mechanical or electronic equipment to be used, including sound amplification. 9. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 10.Number and type of any animals to be used. 11. 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. 12.Proposal for cleanup. 13.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. 14. 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. 15. Any other information that the City Manager or designee finds necessary. Title 10, entitled "Use of Public Ways and Property," Chapter I, 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. 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 Ordinance No. Page 4 6. The use will not substantially interrupt the flow of street and/or pedestrian traffic 34. 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 fulll 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 pretection, 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 ils 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," az follows: The sale, transfer, or assignment of a permit is prohibited. 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: Ordinance No. Page 5 Fees for permits shall be set by resolution of City Council. Title 10, entitled "Use of Public Ways and Properly," 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 Poi!ce 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 Tifie 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, Adicle 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, by substituting in its place the following, and by entitling the new Section 3 as "Residential Picketing": A. It shall be unTawful 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 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. 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 untawful 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 temporary use of the sidewalk. 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 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 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 all 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 identity 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 properly 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 Bills," 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 othe~vise 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 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, 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 Council. Tifie 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 cad and with a minimum of equipment such as a person selling balloons and a portrait artist. KIOSK: A small, public-owned structure that ks 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 ica 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 Section 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 nuisanca. 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 placa and renumbedng 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. F. 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 conducted 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 Noncommercial 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 planning 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 cart 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 er 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 modif7 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 cemply 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 opereting in violation of the terms and cenditions 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 I 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 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. 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 pad of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. 2. Signs: a. All signs shall be pad 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 shall be on file with the City Clerk. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 11, entitled "Fees," is hereby amended by deleting Section 1 '1 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," 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 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. 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 Properly," 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. Tifie 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 <http://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 properly. 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 Properly," Chapter 9, entitled "Parks and Recreation Regulations," Section 3, entitled "Traffic 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: ^. 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 oppodunities 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," is hereby amended by adding a new Chapter 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. 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 pady 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 II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. 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 DATF. 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 Approved by City Attorney's Office sue/OrdRes/PUPL Ord.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 Wilbum First Consideration 2/17/04 Vote for passage: AYES: Bai]e~,, Champion, E]]iott, O'Donne]], Vanderhoef, t~i]but-n. NAYS: None. ABSENT: Lehman. Second Consideration Vote for passage: Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. Ec INANCE AME,,NDING TITLE '10 OF THE CITY CODE, ENTITLED "L~ PUBLIC WAYS PROPERTY, TO CREATE A UNIFORM PERMITTING PRO.G' TO ESTABLISH IREMENTS FOR THE FARMERS MARKET, TO ./'PF )E FOR THE MERCIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS, Y THE PROVISION ON RESIDENTIAL PICKETING ) CLARIFY THE CURRENT S REGULATING MOBILE VENDORS AND JLATORY VENDORS, TO IFIC ADMINISTRATIVE RULES AFFECTING VENDORS, AND TO MAKE ADDITIONA~ON SUBSTANTIVE CHANGES. WHEREAS ~se there are competing uses of the of way including streets, City Plaza, and parks, it is to impose time, place, and mai uirements on those who seek to hold parades and biles; WHEREAS, public right of way ensun the safe movement of pedestrians; WHEREAS, it is ~ that there the permitting process and specific criteria to guide and limit the discretion with granting or denying permits for used of City property; WHEREAS, except for affiliated with the City, such as Iowa City Kickers, the use of public property by a I istration depending on the type of use; WHEREAS, of noncommercial objects in City Plaza should be enacted; WHEREAS, City oversight of vendors and mobile vendors is primarily through administrative rules which should be WHEREAS, the existing provision on picketing presents enforcement issues; WHEREAS, the right of privacy and of well-being and tranquility which the residents of the City should enjoy in their dwellings sho WHEREAS, the practice of picketing before or about a dwelling, targeted at the occupant or occupants of such causes disturbances and distress to the occupant or occupants and disturbs the sense trane enjoyed by individuals in their dwellings; WHEREAS, there currentl~ provision for the r, Jlation of the Farmers Market, and a registration process should be up a procedure for Market vendors to register for exclusive use of a stall, to appeal the deni of said use, and to ~ide for revocation of said authorization under specific conditions; and WHEREAS, it is ~terest of the City to NOW, THEREFORE, BE ORDAINED BY THE CI~:Y CO~t~NCIL OF THE CITY OF CITY, IOWA: SECTION I. AME~DME~ ~. ~ ~ ~ublic Ways and Property," C~pter 1, entitled "Parades and Pu,blic Assemblies,' Section 1, E~t ,d "Definitions and Exemptions,' ,~ubsection A, entitled "Definitions,' is hereby amended by addin~ th ollowing new definitions: ~ AFFILIATED GR~ U[ A group of persons or an entity engaged in sports and/or recreation that a) is affiliated wi,~h and either sponsored or co-sponsored by'~he City of Iowa City including, but not limited to oCgs r~ized youth soccer, boys' baseball, and gir~' softball; and b) has executed a memorandum ~tf u ~derstanding with the City for the use of publibt property. APPLICANT: /A [.erson who applies for a parade/public asse~nbly permit as provided in this Chapter. ~ PARADE/PL 3LIC ASSEMBLY PERMIT: Written authorization I~y the City for use of public property, i ~ding the public right of way, as provided in this Chapter. PARK: ,~ park or playground owned or controlled by the (T~ty, ~cluding streets, trails, and roadways ~ Any natural or corporate person, business association' or other business entity includir but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or 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 SIDEWALK: portion of public right of way dedicated to and/or intended primarily for use. Title 10, entitled "Use =ublic Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, "Definitions and Exemptions," Subsection A, entitled "Definitions," is hereby amended by repealin! of "Parade" and "Public Way" and substituting in their place the following new definitions: PARADE: A march or of more than twenty-five (25) persons, vehicles or other forms ansi such as or combination thereof, in or right of way or in ;ults in the exclusion, in whole or in of use of the public right of way or the park by others. PUBLIC RIGHT OF WAY: TI~ below a ~, street, bicycle lane, alley, and public sidewalk whi is designed for vehicula~ or pedestrian travel and dedicated to public use, ;ity Plaza as defined in pter 5 of this Code Title 10, entitled "Use of Public and Property," 1, entitled "Parades and Public Assemblies," Section 1, entitled and Exem Subsection A, entitled "Definitions" is hereby amended by repealing the '~s of "picket," "protestor," and "public entertainment" in their entirety. Title 10, entitled "Use of Public Ways Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions Subsection B, entitled "Exemptions," is hereby amended by deleting Subsection B in its ~nd substituting in its place the following: B. Exemptions: The following are exempt fro~ Chapter: 1. Funeral processions. 2. A gathering of an affiliated group or thereof. 3. Students going to and from or participating in educational activities, provided that such conduct is under the and supervision of the proper school authorities, i)~nne 4. Spontaneous events occas d by news affairs coming into public knowledge within three (3) days of such pul~ic assembly le provided that the organizer thereof gives written notice to the City' at least twenty-four 4) hours prior to such parade or public assembly. Title 10, entitled "Use of Public Ways and Property," apter 1, entitled "Parades and Public Assemblies," Section 2, entitled~"Permit and Compliance Rec ired," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. It shall be unlawful fo~any person or group of persons to in, present, conduct or stage a parade or public assembly without first having obtained assembly permit as provided in this Chapter. B. No person shall/knowingly participate in or conduct a or public assembly unless a parade/public a~sembly permit has been obtained. C. All parades a~ public assemblies shall be conducted in ~nce with the provisions of the parade/public, assembly permit and shall be in compliance with all d local laws. No person ,shall knowingly fail to comply with the terms of a parade/public assembly permit. D. No perso/~ shall unreasonably hamper, obstruct, impede, or with any parade or public assemb~, or with any person, vehicle or animal participating or ~n any parade or public assem/~ly. ,, Title 10, ,/entified Use of Public Ways and Property," Chapter 1, "Parades and Public Assemblies,"' Section 3, entitled "Application for Permit," is hereby amended by 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,t~as authority over the parade or public {~ssembly. ? 3. The type of event~that is planned, namely parade, or public assem! 4. Proposed Iocation~or locations. Z 5. Expected size of g~up. J 6. Date, time and expe'~ted duration of the use. ~ 7. Names and addressbts of the persons to be in charge of tj.b~ prol: ,4 use at the specified location. ~ ~ 8. Names and addresses b~f any persons to be featured ;/~ntert. a!ne~; or speakers. 9. List and description of ~0echanical or electronic ~pment to be used, including sound amplification. ~. 10. Number and type of any m6tor vehicles or other of transportation to be used, including bicycles. 11. Number and type of an ; to be used. 12. Proposal to monitor the event, of any person not employed by the City who will be responsible for up, or maintaining order and whether the police department will be need, maintaining order. 13. Proposal for cleanup. 14. An agreement in which the applicar ~all agree to: pay on behalf of the City all sums h the City shall be obligated to pay by reason of any liability imposed upon the city fo any kind resulting from use of public property and the public ri! ined by any person or person, caused by accident or otherwise and shall defend Dn behalf of the City any claim against the City arising out of the ' and the public right of way. 15. Insurance is required in the necessary to minimize risk of harm to persons and property based on nature and the event, as determined by the City's Risk Manager. The insuranr,'e requirement may b waived if applicant demonstrates inability to obtain insurance or to pay 16. Any other information/that the Ci ignee finds necessary. Title 10, entitled "Use of,Public Ways and Pro 1, entitled "Parades and Public Assemblies," Section 4, entitled "Issuance or Denial of Permit s hereby amended by deleting Section 4 in its entirety and substituting inits place the following: A. Standards for Issuance of Permit: The City or designee shall grant or deny the application for a permit in writing, which shall be mail, or personally delivered to the applicant and stating the reasons therefore within (7) working days of the application being filed, and no later than the day prior to the event Jming the application is timely filed. The City Manager or designee shall examine the ~n and shall grant a permit if the following conditions are met: 1. The use will not unreasonably interfere with the privac~ security, convenience and tranquility of the residents or inhabitants of the area in ht of the date and time of said proposed use. 2. The proposed public right of way or use, based both on group size and on health and sanitation facilities, be provided by applicant. 3. TJ~e proposed use or activity is compatible with'the normal the proposed public r~'ght of way at the requested time or date. 4. /~l-he application demonstrates the applicant has the means, plannin~ and coordination to hold fthe proposed event, considering the time of day, location, public Yacilities available, traffic L.control, parking requirements and any monitoring required to protect the public health and ~'~fety. 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 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 a have been paid. 10. The application i! pleted and executed. 11. The ,~n signed. 12. A certificate showing compliance with thi been provided. 13. The application co 14. The applicant contract and to sue a be sued. 15. The applicant damaged City property, and if the has, the damage has been paid in full, and has :1 all other outstanding and unp to the City. 16. The use or; ~licant is not by law. 17. The applicant ~p costs, if any, within th days of the date of invoice as the result of a previously permit. 18. Additional f required under thi has been secured. B. Contents and Condition~ The permit sha owing information: 1. Name, address, and telel number of 2. Time, date and place of the 3. If a parade, the route and sta~ 4. Number of monitors or policing uired for safe use of the public right of way. 5. Such other information that th, Manager or designee finds necessary for the enforcement of this Chapter. Title 10, entitled "Use of Public ~ys Property," Chapter 1, entitled "Parades and Public Assemblies," Section 5, Issuance or Denial of Permit," is hereby amended by deleting Section 5 in its entirety and substitut g: A. Any party aggrieved by the Cit designee's decision to grant or deny a permit under this Chapter may appeal the det~rm he City Council if, within five (5) working days after the decision, the party files a w?tten notice ~ Clerk. In such event, a hearing shall be held by the City Cou~il no later ti' next regularly scheduled meeting, assuming the appeal is filed in time to all~;~v notice of said Chapter 21 of the Iowa Code. B. Upon such hearing, th~" City Council may, upon the standards enumerated herein, reverse, affirm or mod)fy in any regard the City or designee's decision. The City Council's decision is t~(e final decision. Title 10, entitled "Use ~;~f Public Ways and Property," :hapter 1, entitled "Parades and Public Assemblies," Section 6, en.~tled "Revocation of Perm t," amended by deleting Section 6 in its entirety and substituting in ~s place the following: The City Manager ~ designee, or the City Council if following an appeal, may revoke a parade/public assembly~ermit if: A. it is determined that the permittee has misstated any mate fact in the application, B. there is a su/ostantial and material variance between the in the application and the actual factS/Or those facts which appear reasonably to have C. when it is~etermined by the Chief of Police or the Fire by reason of disaster, public calamity,./t'iot or other emergency, the public safety req D. the per~ittee's insurance has been cancelled, or E. the pe?nittee is operating in violation of the terms and conditions the permit or local, state, or feder~ law. A permit ~tolder may appeal the revocation in the same manner as apl: ir~ the issuance or denial of a permit. / ,, Title 1~, .entitled Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies,~C-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 Public Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as fol A. The Chief of Police or designee shall determine whether and to what extent addi! police or security protection is reasonably necessary for the parade or public assembly traffic control and public safety. The Chief of Police or designee shall base this decision or size, location, duration, time and date of the event, the number of streets and blocked, and the need to detour or preempt citizen travel and use of the public right of way content of the event shall notre a factor in determining the amount of police.J~f necessary. If possible, without disruption of ordinary police services or compromis,,~of public safety, regularly scheduled on-duty pd~sonnel will police the event. If additional pg~fce or security protection for the parade or public ~ssembly is deemed necessary by the C~lef of Police or designee, the applicant shall be so informed. The applicant shall have the d~'y to secure the police or security protection deemed nec~sary by the Chief of Police or d~'~gnee at the sole expense of the applicant. ~ ~ B. Persons engaging in parades or public assemblies cond~ted for the sole purpose of public issue speech protected under the~First Amendment are lo.V~eq~lred to pay for any police protection provided by the City. ~ ~ Title 10, entitled "Use of Public 'l~Vays and Prop~ "Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by add~g a new Sectior entitled "Penalties," as follows: Any violation of this Chapter shal~t misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 ok Title 10, entitled "Use of 2, entitled "Public Demonstrations," is hereby amended by changing the title of Cha g." Title 10, entitled "Use of Public Ways ~roperty," Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby am~ by adding the following new definitions: PICKETER: A with or without signs or placards. PICKETING: The practice of marching, congregating, protesting, demonstrating, or patrolling by one or more the purpose of persuading, discussing, educating, advocating, or informir ' person or for the purpose of protesting some action, attitude, policy, or belief. It d~ not or other everyday communication. PRIVATE RESIDENCE: or multi-family dwelling. PUBLIC RIGHT area on public roadway, highway, street, bicycle lane, alley, and public which is desi for vehicular, bicycle or pedestrian travel and dedicated to public u,< ~g City Plaza in Title 10 Chapter 5. PUBLIC improved portion of Jblic right of way dedicated to and/or intended an use. RESIDENTIAL Picketing that is , focused, or targeted at a particular private residence and takes place directly in front of private residence or the private residences or ither side of the targeted private res RESIDENTII ZONE: All Zones defined in Title 14, }ter 6, Article D of this Code. Title 10, entitle "Use of Public Ways and Property," pter 2, entitled "Public Demonstrations," Section 1 ," is hereby amended by deleting ions of "demonstration," "picket," "protester," and Title 10, "Use of Public Ways and Property," 2, entitled "Public Demonstrations," Section 2, en "Use of Streets and Sidewalks for Picketin¢ o~sting and Demonstrating," is hereby amended )y/ lng the title of Section 2 to "Use of Sidewalk~ for Picketing." Title ~, entitled "Use of Public Ways and Property," Chapter 2,~entitled "Public Demonstrations," Sec!ion 2 entitled "Use of Streets and Sidewalks for Picketing, Protestih~ and Demonstrating," is hereby .n< )y deleting Section 2 in its entirety and substituting in its place the"~llowing: A. picketing except as authorized by a parade/public assembly I~rmit 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 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 th occupant's sole place of business; 2) The residential picketing of a public meeting; 3) A person or group of persons from marching private residence; or 4) A person or group of persons from marching on a defined stopping at any particular private residence. C. Before a person may be cited for violation of this provision, the person must hav move, disperse, or o~erwise remedy the violation by either a police officer or with authority to control th~,use of the private residence which is the focus or tar~ ,sidE picketing. ~ ~ ,_ ,, Title 10, entitled "Use of PL~lic Ways and Property," Chapter 2, entitle.,d""Pub Demo,nstrations, Section 4 entitled "Advanced Nb~ice of Proposed Picketing, Protesting ,9¢ Demo~ ating,' is hereby amended by deleting Section 4 and ,'S.,ubstituting in its place the following: ~ A. Police officers are authorize~to disperse persons who are ~ic~tin9 whenever such picketing is in violation of this Chapter and~oses a threat to public healtl ~/~afety or orderly flow of traffic. B. It shall be unlawful for any pers~ to refuse to disperse or)z ove on when so directed by a police officer as herein provided. ~ J Title 10, entitled "Use of Public Ways~and Property," Ch~a'pter 2, entitled "Public Demonstrations," Section 5 entitled "Duty to Disperse as D~'ec~d by Police," i.,~"hereb,. ' amended by deleting Section 5 in its entirety. ~ / ' Title 10, entitled "Use of Public Ways and', Chapter 2, entitled "Public Demonstrations," Section 6 entitled "Obstructic ~, deleting Section 6 in its entirety. Title 10, entitled "Use of Public Ways Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," amended by adding the following new definitions: APPLICANT: A person who applies for it as provided in this Chapter. MOBILE VENDING LOCATION: An area to operate a mobile vending cart as determined and assigned by the .r designee, in writing within the boundaries of city plaza and the 100, 200, and blocks Avenue for the operation of mobile vending carts. Each mobile vending ~: ~e authorization to operate at one or two (2) designated locations. / MOBILE VENDOR PERMIT: Written authorization .~ City for use of public property, including public right of way, by a moire vendor as Ohapter. PERSON: Any natural or corporate person, association or other business entity including, but not limited tO, a partnership, a lip, a political subdivision, a public or private agency of any k)nd, a ufility, a successor or ass~ any of the foregoing, or any other legal entity. / TEMPORARY USE OF SIDEWALK PE the City for use of sidewalk as provided in this Chapter. ,, ,, , Title 10, entitled "U~e of Public Ways and Property, Chapter 3,'~ntitled 'Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting t~e definition of "public right of way" and substituting i~its place the following new definition: ~ PUBLIC RIGHT OF WAY: The area on or below a public roadway, hi,way, street, bicycle lane, alley, and Public sidewalk which is designed for vehicular, bicycle b( pedestrian travel and dedicated/(o public use, including City Plaza as defined in Title 10, ChapteY~5 of the Code. Title 10, entitled "Use of Public Ways and Property," Chapter 3, enfified'~Commercial Use of Sidewalks," SeCtion 2, entitled "Use of Public Sidewalks Restricted," is hereby ~ended by deleting Section 2 in its, entirety and substituting in its place the following: ~. Use ,ef public sidewalks for any commercial purpose, including sidewalk cafes, s'~all be unlawful except as specifically provided herein or as specifically authorized by this chapter~ Tte 1.~, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalk~'," Section 4, entitled "Number of Permits; Use Limitations; Excluding Side-walk Cafes and Mobile V/ending Carts," is hereby amended by deleting Section 4 in its entirety, by substituting in its place the follq~,ing, 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 i 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 temporary use of sidewalks and public right-of-way abutting said businesses and shall be li~ 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 the City Manager or designee by any person or group of persons desiring to use public right of way as in this Chapter. If the applicant is not a natural application shall identi! natural person who has authority to act for the appli, ard to the parade or c assembly. b. All ~ ~hall be received five (5) days before c. Ape be made on forms prepared by the City M; gnee. 2. Application Form. The application form contain the following information: a. Name, address, ~hone number of the a b. An acknowledgemen be signed by a natural that he or she has authority over the permitted sidewalk. c. Name and address of al icant's business. d. Days and hours of r use. e. Description of use. e. An agreement in which the pay on behalf of the City all the shall be obligated to pay by reason of any liability imposed upon of any kind resulting from use of public property and the public right of whether sustained by any person or person, caused by accident or otherwise and defend at its own expense and on behalf of the City any claim against the City aris of the use of public property and the public right of way. f. Insurance as required in amount necessary to minimize risk of harm to persons or property on the 'e and size of the event, as determined by the City's Risk Manager. The insurar requirement may be waived if applicant demonstrates in r to pay the cost of insurance. g. An~ designee finds necessary. B. Issuance or 1. Standards for Issua~ of Permit. The City or designee shall grant or deny the application for Use of Sidewalk dt in writing, which shall be mailed by ordinary mail or I: , delivered to the and state the reasons therefore within seven (7) worki~ of the application being The City Manager or designee shall examine the shall issue said ~g conditions are met: a. The appl use will not im of pedestrian traffic along the public in or out of adjacent b. All app~cable fees have been paid. c. The a~plication is fully completed and executed. d. Th%Jhdemnification agreement has been signed. e. A c~rtificate of insurance showing compliance with this :ion has been provided. f. T,i~e application contains no material falsehood or misre g. ~"ne applicant is legally competent to contract and to su~ ~e sued. h. ,/The applicant has not damaged City property, and if the icant has, the damage has / been paid in full, and has paid all other outstanding and u i./ No permit has already been issued for the same time and 27/~C The use does not conflict with previously planning programs orga'~ized and conducted by the City and previously scheduled for the same time and place. ~ ontents 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. ~ L_-~. 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 flies 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 Cod~. Upon such hearing, the City Council may, based upon the standards enumerated herei~ 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 r~eason of disaster, public calamity, riot or other emergency, the public safety requires suc[~tevocation is necessary to protect health, safety, and welfare / 2. The permitee has misstated any material fact in the a 3. There is a substantial and material variance between the in the application and the actual facts or those facts which appear 4. The permitee is operating in violation of the terms and ¢ permit. 5. The permitee is operating in violation of the terms of t ocal, state, or federal law. 6. The permitee's insurance has been ~ncelled. A permit holder may appeal the )n in the manner as appealing the issuing or denying of a permit. F. Fees. Fees for permits shall be set by f Council. Title 10, entitled "Use of Public Ways and Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendc 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 w be filed with the City Manager or designee by any person or desiring use the public right of way as provided in this Chapter. If the ~ not a natural the applicant shall identify a natural person who has act for the with regard to the mobile vending operation. b. All applications for m( by January 31 of the calendar year for which the -I. c. Applications shall be on forms prepared ity Manager or designee. 2. General Provisions a. No more than permits shall be issued each the City Plaza and no more than permits shall be issued year for the 100, 200, and 300 blocks of Avenue. b. Notobacco or g c. At a minimL mobile vendors shall operate during hours from May 1 to October 1: 11:00 a.m. to 2:00 p.m. on Monday throu~ rday; (2) 5:00 p.m. to 8:00 p.m. on T~hursday through Saturday; and (3) three (3) hours each day on Monday~hrough Wednesday as selected by the permitee. 3. Application/~orm The application form shall contain the following information: a. Name, address, and telephone number of the applicant. b. An ~'cknowledgement to be signed by a natural person that he or e has authority over th~permitted use of the sidewalk. c. L~;t of past permits issued. d. I~escription of food and/or beverage product to be sold. e. /'Requested location or locations of operation. f. ( ~Elec, trical 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. 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 of any liabilit~ imposed upon the city for damages of any kind resulting from u., public property an'~ the public right of way, whether sustained by any person or p~ ~ caused by accident ~r otherwise and shall defend at its own expense and on be~ ~lf the City any claim aga~st the City arising out of the use of public property and/~ e public right of way. ~ . n. Acknowledgmen~ that the applmant has contacted the Joh~ n County Health Department and h'~s reviewed health code requirements. o. Insurance is requir'etd in a reasonable amount necessary to ze risk of harm to persons and property, based on the intended use, as by the City's Risk Manager. ~ p. Any other information that the City Manager or desi B. Issuance or Denial of Permit Standards. The City Manager or de~ inee shall application for a mobile vendor permit in writing within a reasonable which shall be by ordinary mail or personally delivered to the applicant, and state the than sixty (60) calendar days after the application being flied. The length of tlr which shall be determined by the type of use requested, the information supplied, is filed, and the extent of advance preparation and planning demonstrated and uired. The City Manager or designee shall issue a permit if the following conditions 1. A mobile vending location is available will not interfere the free movement within the emergency/service lane. 2. The applicant's proposed mode of ,n will not impede the free flow of pedestrian traffic along the public right ~f adjacent properties. 3. The applicant agrees to business only at assigned mobile vending locations. 4. The dimensions of the appli~ ~g not exceed a size of four feet (4') wide by nine feet (9') long by eig~l 5. The applicant has adequate storage for the mobi cart off the city plaza or public right of way. 6. The applicant has ol~ained all necessary permits re~uired by the county department of health. / 7. All applicable fees,~ave been paid. 8. The application i~fullycompleted and executed. 9. The indemnification agreement has been signed. 10. A certificate o/f'insurance showing compliance with this sectioh, has been provided. 11. The applica~/'on contains no material falsehood or misrepreseni~tion. 12. The appliC~ant has not damaged City property, and if the appl~ant has, the damage has been pai,~ 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 s~,e or offering for sale of any ,gOods or services. 14. ThC use or activity intended by the applicant is not prohibited by law 15. NO other mobile vendor permit has been issued for substantially the salve food or beverage product. Content,~'and Conditions of Permit: The permit shall contain the following informatib~n: 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 assuming the appeal is filed in time to allow notice of said appeal in 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the enumerated herein, reverse, affirm or modify in any regard the City Manager's or nee's decision. The City Council's decision is the final decision. D. The sale, transfer, or ssignment cfa mobile vending permit is expressly prohibited. E. Revocation of City Manager or designee, or City Council if ~ an appeal, may ~g permit if: 1. It is determined Chief of Police or the Fire Chief that, by reason public calamity, ric nergency, the public safety req 2. The any material fact in the application. 3. There is a substantial a~ material variance between the the application and the ~ppear reasonably to 4. The nobile vending cart in violation permit. 5. The 6. The permittee violates an, nistrative rules. A permittee may in the same manner; the issuance or denial of a permit. F. Fees. Fees for mobile vending ~hall be Council. G. Administrative Rules. The City is authori2 to establish administrative rules not inconsistent with any ordinance to carry the this Chapter. A copy of said rules shall be on file with the City Clerk. Title 10, entitled "Use of Public Ways and Pr 4, entitled "Posting Bills" is hereby amended by changing the title of ~g Handbills." Title 10, entitled "Use of Public Ways and Chapter 4, entitled "Posting Bills," Section 1, entitled "Definitions," is hereby amended by adding t new definitions: COMMERCIAL HANDBILL: Any printed o/r wr hatter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other ~'inted produced original or copies of any matter or literature: (1) which advertis,~/s for sale an' nerchandise, product, commodity, or thing (2) which directs attention to any b~.)~iness or mer~ le or commercial establishment, or other activity, for the purpose of either d~ectly or indirect[ noting the interests thereof by sales; (3) which directs attention to or adv/ertises any meeting, performance, exhibition, or event of any kind, or (4) which, w~e containing reading other than advertising matter, is predominantly and essentiality an advertisement, and is or circulated for advertising purposes, or for the priva~ benefit and gain of any on so engaged as advertiser or distributor. NONCOMMERCIAL HAI)~DBILL: Any printed is not a newspaper. PERSON: Any natur,~l or corporate person, business or other business entity including, but not limi~d to, a partnership, a sole proprietorship, a subdivision, a public or private agency of ap~, kind, a utility, a successor or assig of the foregoing, or any other legal entity. Title 10, entitled "U%e of Public Ways and Property," Chapter 4, "Posting Bills," Section 1, entitled "Definitions," i~/hereby amended by deleting the definition of and distributors" in its entirety. Title 10, entitled/Use of Public Ways and Property," Chapter 4, entitled Bills," Section 2, entitled "Manner of/Distribution Generally; Unlawful Distributions of Public is hereby amended by deleting Section 2~q its entirety and substituting in its place the following: Distributi,~n of commercial handbills and noncommercial handbills sh~ be made in such a manner/so as not to create a public nuisance. Title 10, e)'{titled "Use of Public Ways and Property," Chapter 4, entit!,ed Bills," is hereby amended by ;~k~ding as new Section 3, entitled Posting of Handbill Prohibited, a. In th~ right-of-way or on public land, no person shall post, stick, stamp, paint affix, or cau~ie~the same to be done by any person, any commercial handbill handbill calculated to attract the attention of the public, upon any right-of-way or an~ ~ost, 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, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Secti ~n 1, entitled "Purpose and hereby amended by adding new Subsections E and F as follows: E. Supporting econom allowing vendors to sell their goods in City Plaza. F. Ensuring nt of pedestrians in City Plaza. Title 10, entitled "Use Jblic Ways and Property," Chapter 5, entitled "City Plaza 2, entitled "Definitions," is hereb, ended by adding the following new definitions: AMBULATORY PERMIT: Written authorization by the City for use ¢ including public , by an ambulatory vendor as provided in thi APPLICANT: A person ~lies for a permit as provided in this Cha ARTS AND CRAFTS: An that is assembled, created, made, or in final form for sale or display by an indivi, ~nd not by machine. ARTS AND CRAFTS VENDOF A person selling or displaying arts crafts in Zones 1, 2, and 3. MOBILE VENDOR PERMIT: authorization ~perty, including public right of way, by r as provided in Chapter NEWSPAPER: Any newspaper of neral circulation as de by general law, any newspaper duly entered with the U.S. Postal in federal statute or regulation, and any newspaper filed and recorded ~ny recording by general law. And, in addition thereto, shall mean and ny periodi~ or current magazine regularly published with not less than four issues per year, t~. public. PERSON: Any natural or corporate ~s~ness association or other business entity including, but not limited to, a partnership, a p, a political subdivision, a public or private agency of any kind, a utility, or assignee of any of the foregoing, or any other legal entity. PUBLIC RIGHT OF WAY: The area on/or a public roadway, highway, street, cartway, bicycle lane, alley, and public sidewal~ which designed for vehicular, bicycle or pedestrian travel and dedicated to public use, inc~ding City ZONE 1: The ten-foot (10') strip dir~,ctly abutting property lines in City Plaza. Zone 1 extends the length of the City Plaz@ along all sides { Plaza. Zone 1 is illustrated on the City Plaza Map that is kept on file in the office of the Cit, which can be amended, from time to time, by resolution of the City Ceuncil. ZONE 2: The six-foot (6') pedestrian lanes in g Zone 1 on each side, the landscaped areas, the areas with street furni and other areas as specified on the City Plaza Map. Zone 2 is illustrated on the City Plaza kept on file in the office of the City Clerk, which can be amended, from time to time, by reso tion of the City Council. ZONE 3: The emergency/service lane in City Plaza. Zone i~,illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can b~amended, from time to time, by resolution of the City Council. ~ , Title,,10, entitled "Use of Public Ways and Property," Chapter 5, e~,titled "City Plaza,' Section 2, entitled Definitions," is hereby amended by deleting the definitions of "ambL~atory vendor" and "kiosk" and by substituting in their place the following new definitions: AMBULATORY VENDOR: A person selling goods or services while'~noving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart and wit~ a minimum of equipment such as a person se ng ba oons 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 "O~ty Plaza," Section 2, entitled Definiti~0ns," is hereby amended by deleting the definitions of "mobile ven~ng cart" and "mobile vendor" in their ~ntirety. Title, 10, ent~led "Use of Public Ways and Property," Chapter 5, entitled "City'~Olaza," Section 3 entitled 'Description of Mall Zones," is hereby amended by deleting Sectiontion 33 inin itsits entire'tv.entire. Ordinance No. Page 12 Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," 4, entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended 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 within city plaza unless located in a bicycle rack; no bicycle shall be locked or to any post or structure other than a bicycle rack. B. Nonmotorized Vehicles. No person shall travel upon or operated a nonm( the city plaza, except for a persons with disabilities using a vehicle des use by person with disabilities. Title 10, entitled "Use Public Ways and Property," Chapter 5, enti "City Plaza," Section 5, entitled "Motor Vehicle is hereby amended by deleting 5 in its entirety and by substituting the following ney ection in its place and renumberin¢ No person shall operate motor vehicle, except emergency vel* within the limits of city plaza without authorization ' by the city manager or designee: A. Any business located propert~ public right of way other than city plaza may be continuous motor vehicle upon a showing that such is necessary to delivery of goods to or f the business. Such authorization shall allow the vehicle plaza only during act and unloading. B. Any person may be granted showing that the placement er operation of a minor vehicle upon city 2r a specified, i period of time is necessary for delivery or other legitimate purpose. Title 10, entitled "Use of Public and Chapter 5, entitled "City Plaza," Section 6, entitled "Removal of Snow and Building Runoff," is hereby amended by deleting Section 6 in its entirety and by substituting new section in its place and renumbering it Section 5: Removal of accumulations of snow in Zone 1 of city plaza resulting from building runoff shall be the responsibility Title 10, entitled "Use of Public Chapter 5, entitled "City Plaza," Section 7, entitled "Animals Restricted," is hereb Section 7 in its entirety and by substituting the following new section in its place and ten, ~bering No person shall take, accom or animal into city plaza except as permitted in Title 8, Chapter 4, Section 12 of ti Code. This ~n shall not apply to an animal trained to assist persons with disabilities animal that is ' confined within an animal carrier, kennel, cage, or crate and does n~ ¢ Title 10, entitled "Use of P~'blic Ways and 5, entitled "City Plaza," Section 8, entitled "Use of City Plaza," is ~:~i~reby amended by deleting entirety and by substituting the following new section in its pla~;~e and renumbering it Section 7: A. Private Uses Authori/zed in Each Zone 1. Zone 1: / a. Ambulato, Cy Vendor Permits, Arts and Crafts or Permits, Sidewalk Caf~ Permits, Parade/Public Assembly Permits. b. Building/extensions where, in the sole judgment )'"r~the city council, such extensions enhar~e the quality of city plaza. c. Land/~caping with the permission of the City Manag~ * or~ lesignee. d. Display window extensions with the permission of the Cit ~n; tger or designee e. Building front and/or basement extensions, provided the of the extension is the same a,~ the store activity with the permission of the CJI ~r designee. 2. Zen? 2: a. ,/Permits issued under either this chapter or Chapter 1. \ b./Landscaping with the permission of the City Manager er designate. c/ Newspaper racks. 3. 7__/bne 3: ~t 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 an~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 harm to persons and property when the activity or event being sponsored on City creates a higher than usual risk of City or public liability exposure due to the nature , or event or due to the expected Jmber of participants or spectators as determined City's Risk Manager; 2. Waive the uirements for events or activities spo~ by the agencies of the State, the Uni' ~ of Iowa or other governmental subdivisio enter into an satisfactory to the City Attorney to hold harmless the City, its officers, yees from and against all clain lawsuits, damages, losses and expenses in any resulting from or arising or event covered by the permit or to acce tull responsibility for safe event and to defend the City, its officers, agents ~ployees with regard thereto. E. Newspaper Vending ~ Kiosks: 1. g in the kiosks. 2. Upon the filir ly Manager or designee and upon payment of an annual admi April 1 of each year and set by City Council resolution kiosk. Each newspaper may utilize only )lications ~ not exceed the available kiosk units. 3. If the number of applications available kiosk units, the City will handle the applications on a lottery basis, to City Manager or designee prior to April 1 of each year. After completion of if needed, the City Manager or designee shall provide written notice of the to the requesting newspapers. The selected newspapers shall pay the annual ad 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 news the city, as permitted by federal law. F. Placement of Noncommercial an 1. No person shall place free-standing object in City Plaza without authorization issued by th Manager or des 2. To obtain authorizationi person shall the City Manager or designee of the proposed duration of t~'e placement, the ~cation of the object, and the physical dimensions of the object. 3. Upon receipt of suci').information, the City Managenr nee shall promptly authorize the display for a maxirrj, Um of thirty (30) days in ~ ny ~ n~ period, unless the City Manager or designee finds th,~t said object will impede the flow traffic at the proposed location. If the ~ity Manager or designee finds that object will impede the flow of pedestrian traffic at the proposed location, then the City designee shall deny the authorization i~.writing. 4. Any party a~grieved by the City Manager's or designee's to grant or deny such authorization, maY appeal the determination to the City Co~ within five (5) working days after the d~cision, the party files a written notice of appeal 9 City Clerk. In such event, a hearing~shall be held by the City Council no later than its next r lularly scheduled meeting, assuming the appeal is filed in time to allow notice of said accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, upon the standards enume~'ated herein, reverse, affirm or modify in any regard the City ~nager's or designee's decision. The City Council's decision is the final decision. 5. No p~rso,n, shall place any free-standing comm,,ercial object in .... Title 10, entitled Use of Public Ways and Property, Chapter 5, entitled City ~laza, Section 9, entitled "City Us~ Permits," is hereby amended by deleting Section 9 in its entirety, by substituting the following new se~on 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 Chapter. If the applicant is not a natural person, the applicant shall identify a person who has authority to act for the applicant with regard to the (2) All must be received at least five (5) days by before the (3) Applications lall be made on forms prepared Vlanager or designee. b. Application Form The application form g information (1) Name nd telephone number of the appl (2) An to be signed by a that he or she has the authorit~ ehalf of the I operation. (3) List of past (4) Product to be sold. (5) Hours of operation. (6) Months of operation. (6) Ana! 'eeto: pay on behalf of the City shall be obligated to pay by reason of any liability the city for damages of any kind resulting from use of public right of way, whether sustained by any person or person, cident or otherwise and shall defend at its own expense and on behalf City any claim against the City arising out of the use of public property an public right of way. (7) Acknowledgment that the has contacted the Johnson County Health Department and code requirements. (8) Fee. (9) Insurance is required i~ nable amount necessary to minimize risk of harm to persons or property nature and size of the event, as determined by the City's Risk Man The requirement may be waived if applicant demonstrates inab to obtain ;urance or to pay the cost of insurance. (10) Any other inform; that the Cit Manager or designee finds necessary. 2. Issuance or Standards. The City or shall grant or deny the application for the ambulatory vendor ime, which shall be mailed by ordinary mail or personall~ the applicant and statir the reasons therefore no later than sixty (60) working days of the )lication being filed, length of time which is reasonable shall be determined by the the time the application is filed, and the of advance preparation planning demonstrated and reasonably required. The Manager or designee shall ue an ambulatory vendor permit if the following cond have been or will be met. a. The appl is received at least five (5) lng days before the proposed start of b. The ~ ,perate without the use of a mot ~ vending cart and with a minimum of equip c. The ~plicant's proposed mode of operation will npede the free flow of pedestrian along the city plaza right of way, nor interfere with such pedestrian m( or out of retail establishments frontir d. Tt applicant will conduct the vending completely within boundaries of city plaza. e. obtained all necessary permits re¢ , 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 ~een 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 properly, 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 followinc a. Name, telephone number of permittee. b. Time, date and permitted activity. c. Such other information the City Manager or designee fir necessary for the 3. Appeals Any party aggrieved by the City lanager's or designee's decisi¢ issue or deny a permit under this Chapter may appeal to the if, within ten (10) working days after the decision, the party a written notice of with the City Clerk. In such event, a hearing shall be held by the ity Council no I~ at its next regularly scheduled meeting, assuming the appeal is filed time to all appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Counc nay, based the standards enumerated herein, reverse, affirm or modify in any regard City Ma~ or designee's decision. The City Council's decision is the final decision. 4. The sale, transfer, or assignment of an vendor permit for city plaza is expressly prohibited 5. Revocation of Permit. The City Manager or designee, or Ci' il if issued following an appeal, is authorized to revoke an ambulatory vendor pter whenever: a. The permit has failed to pter b. The permitted activity creates an to pedestrian use of the City Plaza or a nuisance or violates of any or regulation involving the permitted event c. It is necessary to determined by the Police Chief or designee or Fire Chief or designee d. The permitee has misstated ~ the application e. There is a substantial ar: the information in the application and the actual facts reasonably to have occurred f. The permitee is operatil and conditions of the permit or g. The permitee's cancelled. A permittee may appe~ in the sam manner as appealing the issuance or denial of a permit. 6. Fees. Fees for ~ ~ resolution of the City Council. C. Permanent And Tem Structures: The City designee, upon approval of city council, may enter the sale or lease public right of way in the city plaza for the construction (: on to an existing store front for the temporary or seasonal use of zone 1 by the of abutting property. Said sale shall only be entered into after careful and assurance that the followi conditions have been or will be met: 1. Buildin ~: a. to buildings shall be harmonious in and design with permanent structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildi~ in which they are used. c. Materials which are architecturally harmonious shall be for all building walls and other exterior building components wholly or partly Jblic 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, groun or buildings shall be screened from public view with materials harmonious with the bu or shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept, standards and all exposed harmonious with building desi~ 2. Signs: a. All signs sh~ be part of the architectural concept. Si: color, lettering, location and gement ~all be harmonious with the building and shall be compatible with signs b. Materials used signs shall have good architectu~ character and be harmonious with buildinc Jsed in the Cit c. Every sign ~ress, in scale and in an appropriate visual relationship to buildings and d. Colors shall be harmoniously and Excessive brightness and brilliant colors shall be Lighting shall the design. If external spot lighting ht source is shielded from view. 3. Additional Criteria: a. The Design Review Corr time to time, formulate additional design criteria for the review of pursuant to this Chapter. Such criteria shall become effective when ' Council by resolution. b. No building permit for the of any temporary structure or any building extension to be constructed to this Chapter shall be issued until plans for said construction have been the Design Review Committee and approved by the City Council. The Design shall, within thirty (30) calendar days of receipt of said plans, and advise approval, approval with conditions or disapproval in a writte ~rded to the City Council and the applicant. City Council approval of shalla majority of votes cast at any meeting at which a quorum ' 4. Illumination: Nighttime illumination all building fronts and basement extensions, display window exter is required during hours of operation. 5. Construction Costs: of construction to be paid by the permittee, including costs of the City construction. Title 10, entitled "Use Ways and Property," 5, entitled "City Plaza," Section 10, entitled "Permit Applicatior ," is hereby deleting Section 10 in its entirety and substituting in its place the new Section Ities": Any violation of this be considered a simple fisdemeanor or municipal infraction as provided for in Title Code. Title 10, entitled of Public Ways and Property," 5, entitled "City Plaza," is hereby amended by adding, 9, entitled "Administrative Rules" The City is authorized to establish administrati rules not inconsistent with any ~, out the provisions of this Chapter. A copy rules shall be on file with the Title 10, er "Use of Public Ways and Property," Chapter 5, e~itled "City Plaza," Section 11, entitled "Fees/~ ~by amended by deleting Section 11 in its entirety. ~ Title 10,,/er "Use of Public Ways and Property," Chapter 5, entith~d "City Plaza," Section 12, entitled "Te~:nination., and Revocation of Permits and Leases," is hereby amen(~d by deleting Section 12 in its entirety. ,, ~ Title 10, entitled Use of Public Ways and Property," Chapter 9, entitleo~'Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by adding the follb,wing 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 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 tl~at interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public ~ 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, ;treet, bicycle lane, alley, and publiq sidewalk which is designed for vehicular, bicycle travel and dedicated to public use. SPONSORING AGENCY: Any organization or group, whether it is legally constituted, and including but not limited to corporations and on whose behalf a natural person indivi Jual makes application for a park permit. TRAIL: A way or e, the use of which is controlled by the as owner of the real property, used for persons jogging, skateboarding, in or bicycling or motorized devices desig by persons with disabilities. Title 10, entitled "Use of blic Ways and Property," Ch 9, entitled "Parks and Recreation Regulations," Section 1, ;," is hereby amer by deleting the definitions of "parade" and "park, public park" lng the following new PARADE: A march or of more than (25) persons, vehicles or other forms of transportation, or any comb or upon the public right of way or in a park that results in the in whole or in part, of use of the public right of way, including a park Funer be deemed to be included in this definition and shall PARK, PUBLIC PARK: Any park controlled by the City, including streets, trails, and roadways therein. Title 10, entitled "Use of Public Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definition is hereby amended by deleting the definition of "public entertainment" in its entirety. Title 10, entitled "Use of Public Wa Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled ~s in Parks and Playgrounds," is hereby amended by deleting Section 2 in its entirety and sul 31ace the following: In any park no person shall: A. Damage To Trees And Materials: 1. Pick or destroy any pi any flower beds. 2. Break or tear any ,o,r branches from ~ ~y tree. 3. Throw objects or is at any animal or b~d or molest any animal or bird in any way. 4. Tear down, mutil) ,stroy or carry away ~ny sign constructed under the authority of the City Council or ,Ce Parks and Recreation Department. 5. Tear down, mFtilate, destroy or burn any building, shelter equipment, picnic table, grill, or any personal property owned by the City B. Motor Vehicles,And Traffic: I Park any ~ehicle in any area where parking is prot~bited by posted signs 2. Drive any vehicle w~th~n any park, except upon the d~signated streets, driveways and parking areas Cf such parks, except motorized devices de, signed for and used by persons with disabi~fties. 3. Driv¢"any vehicle within any park at a speed in excess\of fifteen (15) miles per hour, unless otherwise posted. 4.D~ve any vehicle in the wrong direction upon any one-wa~,street within a park. C.Weapons: Carry firearms or weapons into any park. D.Ani[/lals: 1. /._~ring~eause or permit any pet to enter into any park unles~ such animal is on a leash or c~nfined either a vehicle or in a cage, kennel, crate, or carrier.~, 2. Ride any horse in any park except upon streets and trails, ar~ then only if the horse-rider provides for the immediate disposal of solid~Naste 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, exception 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 the hours of ten thirty o'clock (10:30) P.M. and six o'clock (6:00) A.M. unless special authorization by the City. 2. From April '15 to October 31, the hours shall be from (11:00) P.M. to six o'clock (6:00) A.M. ] City Park and Mercer Park. 3. Occu foot or in a vehicle, or permit any ~ remain parked from dusk to dawn at the Waterworks Prairie Park Park, Hickory Hill Park, and Ryerson's Park. Dusk means thirty (30) after the time designated each calendar day "sunset" and dawn means minutes before the time designated each calendar as "sunrise" by the Naval Observatory for Iowa City, Johnson Iowa. Said desic can be accessed via the intemet at J. Bi¢ Vehicles: 1. No person ~pon or operate or nonmotorized vehicle within Chauncey Swan Park 2. Persons may travel operate and nonmotorized vehicles in all other City parks except where and only to the extent the nonmotorized vehicles are used in a safe ure persons or property. 3. This provision shall not person with disabilities using a nonmotorized device designed for a person with disa Title 10, entitled "Use of Public Ways a~ roperty," Chapter 9, entitled "Parks and Recreation Regulations," Section 3, entitled 'q-raffic a ring Regulations," is hereby amended by deleting Section 3 in its entirety and substituting in A. Duties Of Director: The authorized and directed to: 1) designate streets and drives for use within the parking areas for the parks; and 3) prohibit, regulate or limit stopping, standing streets, driveways and parking areas in the parks at all I specified The Director shall also cause signs to be posted designating streets, and parking or prohibiting, regulating or limiting stopping, standing or parking in parks. B. Vehicle Owner Prima Responsible ~y vehicle is found stopped, standing or parked in any mar ~r violative of the ~ 3f this Chapter and the identity of the operator there is a rebuttable is responsible for such violation. Title 10, entitled of Public Ways and 9, entitled "Parks and Recreation Regulations," Section 3titled "Facility Permit," is hereby by deleting Section 4 in its entirety and substituting in its the following: A. Permit Requir It shall be unlawful for any person or c persons to use any park or the park without complying with the re~ of Title 10 Chapter 1 including first having obta )ublic assembly permit if a B. Secured SMelter: No person or sponsoring agency shelter without obtaining the author/zation of the Director or designee. C. Park Fa¢ity: Any person or sponsoring agency ma~ by completing a filing an appli/~ation with the Director on a form prepared b~ Title 10,,,e~titled "Use of Publ,!c Ways and Property," Chapter 9, "Parks and Recreation Regulations, /Section 6, entitled Fees for Use of City Park and F Areas and Facilities," Subsection B ~is hereby amended by deletin9 Subsection B in its entiret substituting in its place the following: \ B. Reduction or Waiver of Fees: Notwithstanding the above, the Director [s 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 Chaunce, parking ramp that is intended to provide an opportunity for individuals to sell permitted items are grown or produced by them, which conform to all applicable city, county, and state I and safety provisions, including state department of agriculture regulations. FARMERS MARKET VENDOR: Person who is authorized under this ch~ ' a stall and to sell items in the Farmers Market. PERSON: A natural pe/rson. SEASON VENDOR: A Farmers Market Vendor who is authorized by the occupy a stall for the entire season. STALL: A space desi ' the Director in the Farmers Market is authorized to items consistent with the 10-11-2: REGI A. Authorization No person shall ~ ~ item at the Farmers Market without ~ the Director or designee. B. Obtaining order to receive authoriz a person shall register with the Director at least one ~y in advance of the date on a form prepared by the Director. C. Reg g information: 1. Name, address, number ~ s Market Vendor. 2. Agreement to indemnif, City. 10-11-3: STANDARDS FOR AUTHORIZATION The Director or designee shall istration form and shall grant authorization if the following conditions are met: A. All applicable fees have been pal, B. A stall is available. C. The person has not had his or Market authorization revoked in the last year. D. If there are not sufficient stalls ~ apply for a stall, a Season Vendor from the previous calendar year 'iority over a person who was not a Season Vendor from the previous calendar 10-11-4: APPEALS A. Any party aggrieved grant or deny authorization under this Section ten (10) ar days of the date of the decision by filing a written notice of I with the Cit, B. The hearing shall before the who may reverse, affirm or modify, in any regard, the of the Director upon the standards enumerated herein. The Cit' ~n is the final decisio~ :)f the City. 10-11-5: REV( OF AUTHORIZATION A. Authorization n be revoked by the Director if: 1. The Farmers has misstated in wa~y material facts on the registration form 2. There is a~' variance between the informatioA, on the registration form and the facts reasonabl~a ~ed by the Director, 3. When, b,y/.,r..e; of disaster, public calamity, riot or ott'ker emergency, as determined by the Director/ Cit) Manager, Fire Chief, or Chief of Police, tl~at the safety of the public requires such r~vocat ,n. 4. The/Farmers Market Vendor is operating in violation of~he terms and conditions of the aut~forization. B. A/l~erson may appeal a revocation of authorization in the s~me manner as appealing the den~l of authorization as provided in this chapter. 10-~ 1-5: ADMINISTRATIVE RULES The Director is authorized to establish administrative rules. A copy ~ 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 municip,al infraction as provided for in Title 1, Chapter 4 of this Code. SECTION II. REPEALER. All ordinances and parts of ordinances of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or to be invalid or unconstitutional, such adjudication shall not affect the validity o Ordinance as a whole or any section, provimon or : thereof not adjud! SECTION IV. DATE. This Ordinance shall be in passage, approval and publication, as provided law. Passed and approved this __ :lay of MAYOR ATTEST: CITY CLERK Appr°~k,. ~ City Attorney's Office sue/OrdRes/PUPL Ord.doc Ordinance No, Page It was moved by and seconded by t~/t the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: __.~ Bailey Champion EIIiott Lehman~ O'Don~ll Van~erhoef \ ~y, ilburn First Consideration 2/3/04 Vote for passage: AYES: Leh~.o'~, 0'Donne11 Vanderhoef, t~ilburn, Ba'ile.y, Champion, Elliott. NAY/~,: None. ABSENT: NOne. Second Consideration Vote for passage: / / Date published / ? Prepared by: Bdan 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 stormwater 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 ordinance 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: SECTION I AMFNDMENT. 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. Renumbering Section 3-4-6 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 SECTION II AMENDMFNT. Title 14, Chapter 3, Article 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: Ci~ IJtilities: C. ih/. Utili~ ~P. rvices: 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: ~A~ZA~[~D,~: 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, Adicle 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. P~rp~se. 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 indirectly, 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~.finitions. 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 overland 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 properly 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 bythe stormwater utility. Stormwater Infrastructure: The entire constructed and natural stormwater and ground water drainage system within the City limits of Iowa City. Stormwater Management: The tasks required to control stormwater runoff to 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 ovedand 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. Powers and I-)Hti¢_~ 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. Estnhlishment nf Equivalant Residential Unit (ERil) rate and stormwntc, r utility, char_oe. t. For purposes of this article, an ERU shall be equivalent to 3,129 square feet of impervious area. 2. Except as provided in this adicle, every user owning or occupying property 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 of stormwater utility charge Ordinance No. Page 4 1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rote per month. 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. 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 earlier of the following: a. The issuance of a cerfificate 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 certificate of occupancy has'not been issued for the residence. 3. For non-residential properly, 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 cedificate 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. Appeal.~ 1. An owner or occupant of a multi-family residential property aggrieved by the initial or any subsequent calculation of the number of dwelling 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 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 v?rified 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 party. 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. Billingproce. dHres, delinqnentacc, n~Jntsandcnllectionprrm.~.d[~re~ 1. The charges established hereunder will be billed monthly te 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. SECTION IV. REPEAl ER. 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 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{y~A~t~rney's Of~ce - pweng/ord/stormwaterl 1-03.doc Ordinance No. Page __ It was moved by and seconded by that the Ordinance as road be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 12/16/03 Vote for passage: AYES: Nilburn, Champion, Kanner, Lehman, V~nderhoef. NAYS:O'Dorlnet.' Pfab. ABSENT: None. Second Consideration Vote for passage: AYES: Lehman, Vanderhoef, Nilburn, Baile.y, Champion. NAYS: Elliott, O'Donnell. ABSENT: None. Date published