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this Ordinance are hereby repealed.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