Loading...
HomeMy WebLinkAbout2004-03-02 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 Commemial 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: 2. R~!!~icuc institutic,",s, subjcct tc thc rcquir~m~.",ts cf.~.."'t, ic!~ L cf this Chapter. 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 App r. ov~d..~by~ ~ ~;IYY~T'rO'Rf'4 EY'S 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'Donneli Vanderhoef Wilburn First Consideration. 2/17/04 Voteforpassage: AYES: Wilburn, Bailey; Champion, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: Lehman. Second Consideration 3/2/04 Voteforpassa~e: AYES: Bailey, Champion, Elliott, Lehman, 0'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None, Date published Prepared by: Jessica Hlubek, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. 04-4112 AN ORDINANCE REZONING APPROXIMATELY 1.26 ACRES OF PROPERTY FROM CENTRAL BUSINESS SUPPORT ZONE (CB-5) TO PUBLIC/CENTRAL BUSINESS SUPPORT ZONE (PICB-5) FOR THE EAST HALF OF BLOCK 102, EXCLUDING 301 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 Support (CB-5) to Public/Central Business Support (P/CB~5): All 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 I1. 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 II1. 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.  ~,,~,,ed this 2n__d day of March ,20 04 . A%I-EST: ~,.~,~_..~ ,~..~--__~j CITY CLE¢~K Approved by Cify'Atio-rney'~ Office Ppdadmin/ord/301sdubuque.doc Ordinance No. 04-4112 Page 2 It was moved by O' Donnel 1 and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman × O'Donnell X Vanderhoef X Wilburn First Consideration 2/3/04 Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, E11iott, Lehman. NAYS: None. ABSENT: None. Second Consideration 2/'17/04 Voteforpassage: AYES: Bailey, Champion, Elliott, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: Lehman. Date published 3/10/04 Prepared by Amanda Cline, Planning Intern, 410 E. Washington St., Iowa City, IA 52240; 319-356-5231 ORDINANCE NO. 04-4113 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 portion 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 I1. REPEALER: All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION II1. SEVERABILITY: If any section, provision or pad 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 pad 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 2nd day of March ,2004. CITY ~tt..E RK ' ' Approved by City Attorney's Office Ordinance No. 04-4113 Page 2 It was moved by 0' Donnel 1 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 Wilburn 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:AYES: Champion, E11iott, 0'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: Lehman. Date published 3/10/04 prepared by: Bdan Boelk, Public Wo~ks, 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 drainag~ 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. AMENDMENT. 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 er 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 I1. AMENDMENT. 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: City Utilities. City Utility Services: The providing of water, wastewater, stormwater drainage, and/or solid waste services to persons who are obiigated to pay for said services. Ordinance No. Page 2 b. Adding a subsection entitled "Stormwater Drainage" in Section 14-3A-2 as follows: Stormwater Drainage: 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 annually notify all users, in conjunction with a regular bill, of the stormwater utility charges and that portion of the user's bill attributable to stormwater management services. Such rates and charges shall be in the amounts set forth in the schedule of fees, Title 3, Chapter 4 of this Code. SECTION III. That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adding the following Section 14-3G-10, entitled "Stormwater Utility and Stormwater Utility Fee": 14-3G-10 STORMWATER UTILITY & STORMWATER UTILITY FEE A. Purpose. 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 distdct 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. Definitions. 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 property located within the city as periodically determined and established as provided in this Section. ERU Rate: The dollar value periodically determined and assigned to each ERU as a charge for stormwater management services, and expressed as SX.XX per ERU. Exempt Property: Public streets, alleys and sidewalks; all University of Iowa properties; all undeveloped properties. Ground Water: Water beneath the surface of the earth which is not bound to soil particles. Impervious Area: The number of square feet of hard-surfaced areas which either prevent or resist the entry of water into soil mantle, as it entered under natura( 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, and multi-use properties incorporating residential uses. Ordinance No, Page 3 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 propedies which include single-family residential uses. Stormwater Drainage System District: The area served by the stormwater utility. Stormwater Infrastructure: The entire constructed and natural stormwater and ground water drainage system within the City limits of Iowa City. 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 stormwatar management. Surface Water: Stormwater, ground water, and spent water received by the earth's surface. Undeveloped Property: A parcel that has no impervious area. User: The owner and/or occupant of any developed property within the limits of Iowa City. Water Course: A natural overland route through which water passes, including drainage courses, streams, creeks, and rivers. C. District. The entire City is hereby organized into one stormwater utility district. D. Powers and Duties. 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. Establishment of Equivalent Residential Unit (ERU) rate and stormwater utility charqe. 1, For purposes of this article, an ERU shall be equivalent to 3,129 square feet of impervious area. 2. Except as provided in this article, every user owning or occupying 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 charqe 1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate per month, As to these properties, the stormwater utility charge shall commence upon the eadier of the following: a. The issuance of a certificate of occupancy; b. 90 days after construction is halted, provided construction is at least 50% complete; or Ordinance No. Page 4 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 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. 3. For non-residential property, the stormwater utility charge shall be a base rate of one ERU rate, plus $0.75 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. As to these properties, the stormwater utility charge shall commence upon the earlier of the following: a. The issuance of a certificate of occupancy; b. 90 days after construction is halted, provided construction is at least 50% complete; or c. 90 days after construction is completed, even if a certificate of occupancy has not been issued for the residence. G. Appeals. 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 verified as correct by the director. 3. Any adjustment of the stormwater utility charge resulting from such appeal shall be retroactive to the date the appeal was filed. 4. Appeals by the owners or occupants of property subject to stormwater utility charges shall include a statement of the number of dwelling units, total property area, and/or total impervious area, as appropriate for the particular grounds for appeal. Such information may be shown on the stormwater utility rePorting forms or on appeal forms, and may be accompanied by plats, County Assessor's records, 'or survey data. The director may request additional information from the appealing 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 wdting, 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. Credits. 1. Non-residential properties that obtain a National Pollutant Discharge Elimination System (NPDES) industrial stormwater permit from the Iowa Department of Natural Resources (IDNR) are eligible for a 50% reduction in their monthly stormwater utility bill. 2. Proof of the NPDE$ permit must be submitted to the Director and approved prior to the establishment of the credit. 3. The City or Director reserve the right to verify the permit compliance and to inspect the facilities at any time. Ordinance No. Page 5 I. Billing procedures, delinquent accounts and collection procedures. 1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwater utility district. 2. Collection and delinquent account procedures shall be as in §14-3A-6 of the City Code. SECTION IV. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the 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 'City AttOrney's Office pweng/ord/stormwater 11 -~3.dcc 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 3/2/04 Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published REVISED DEFEATED 3/2/04 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 properly in the city of Iowa City. Amount of Fee, Charge, Bond, Fine, or Penalty: One Equivalent Residential Unit (ERU) = $2.00 SECTION II. AMENDMENT. 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: City Utilities. Ci~ Utility Services: The providing of water, wastewater, stormwater drainage, and/or solid waste services to persons who are obligated to pay for said services. Ordinance No. Page 2 b. Adding a subsection entitled "Stormwater Drainage" in Section 14-3A-2 as follows: ~: Stormwater, ground water, and spent water discharged to the City's stormwater infrastructure. c. Repealing Subsection 14-3A-4(A)(2) and substituting the following in lieu thereof: 2. All contributors or users owning or occupying property in the city of Iowa City shall be charged for the service used. In addition, a fee shall be charged to all account holders for operation, maintenance, and improvements to the City's stormwater infrastructure utility. The City shall review the user charge system and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, necessary expansion and debt service, and that the system continues to provide for the uniform distribution of operation and maintenance among all users. The City will annual notify all users, in conjunction with a regular bill, of the wastewater treatment charges and that portion of the user's bill attributable to wastewater treatment services. Such rates and charges shall be in the amounts set forth in the schedule of fees, Title 3, Chapter 4 of this Code. ~ That Title 14, Chapter 3, City Utilities, Article G of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adding the following Section 14-3G-10, entitled "Stormwater Utility and Stormwater Utility Fee": 14-3G-10 STORMWATER UTILITY & STORMWATER UTILITY FEE A. Purpns¢. 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, construction1 operation, maintenance, repair, replacement and debt service for construction of the stormwater drainage, flood protection and stormwater quality improvements comprising the stormwater utility. B. Dc. finitinn.~ 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 (£RU): The average impervious area of a single family residential property located within the city as periodically determined and established as provided in this Section. ERU Rate: The dollar value periodically determined and assigned to each ERU as a charge for stormwater management services, and expressed as SX.XX per ERU. Exempt Property: Public streets, alleys and sidewalks; all University of Iowa properties; all undeveloped properties. Ground Water: Water beneath the surface of the earth which is not bound to soil particles. Impervious Area: The number of square feet of hard-surfaced areas which either prevent or resist the entry of water into soil mantle, as it entered under natural conditions as undeveloped property, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undeveloped property, including but not limited to roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, athletic courts, and semi-impervious surfaces such as gravel which are used as driveways or parking lots. Multi-family Residential Property: Residential structures designed with two or more dwelling units to accommodate two or more families or groups of individuals living separately and not sharing the same living space. Non-Point Source Discharge: Water discharged from the earth's surface to a drainage course or water course. Non-residential Property: Any developed lot not exclusively residential, including but not limited to, transient rentals, commercial, institutional, chumhes, hospitals, governmental properties and parking lots, Ordinance No. Page 3 and mufti-use properties incorporating residential uses. Point Source Discharge: Water discharged to the earth's surface through a pipe, conduit, tube, duct, channel or pumping facility. Single-Family Residential Property: A detached residential structure designed as a single dwelling unit to accommodate one family or group of individuals living together and sharing the same living space, but excluding multi-use properties which include single-family residential uses. Stormwater Drainage System District: The area served by the stormwater utility. Stormwater Infrastructure: The entire constructed and natural stormwater and ground water drainage system within the City limits of Iowa City. 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 overland route through which water passes, incruding drainage courses, streams, creeks, and rivers. C. ~. The entire City is hereby organized into one stormwater utility district. D. Pewem nnd Dutie~ 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 regurations 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. Estahli.~hment nf Equivnlent Residential Unit (ERU) rnte and stnrmwater Htility chnrge 1. For purposes of this article, an ERU shall be equivalent to 3,129 square feet of impervious area. 2. Except as provided in this article, every user owning or occupying 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. DetP. rminatien nf stormw~ter utility charge Ordinance No. Page 4 1. The stormwater utility charge for single-family residential properties shall be 100% of the ERU rate per month. As to these properties, the stormwater utility charge shall commence upon the 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 certificate of occupancy; b. 90 days after construction is halted, pr6vided construction is at least 50% complete; or c. 90 days after construction is completed, even if a certificate of occupancy has not been issued for the residence. 3. For non-residential property, the stormwater utility charge shall be 50% of the ERU rate multiplied by the numerical factor obtained by dividing the total impervious area of the particular property by the number of square feet in one ERU. The minimum charge shall be equal to 100% of the ERU rate. As to these properties, the stormwater utility charge shall commence upon the earlier of the following: a. The issuance of a certificate of occupancy; b. 90 days after construction is halted, provided construction is at least 50% complete; or C. 90 days after construction is completed, even if a cedificate of occupancy has not been issued for the residence. G. Appeals. 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 verified as correct by the director. 3. Any adjustment of the stormwater utility charge resulting from such appeal shall be retroactive to the date the appeal was filed. 4. Appeals by the owners or occupants of property subject to stormwater utility charges shall include a statement of the number of dwelling units, total property area, and/or total impervious area, as appropriate for the particular grounds for appeal. Such information may be shown on the stormwater utility reporting forms or on appeal forms, and may be accompanied by plats, County Assessor's records, or survey data. The director may request additional information from the appealing 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. Billing prncedures delinquent ~ccnunts and cnllc, ntion proce, d~Jre,,S. 1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwater Ordinance No. Page 5 utility district. 2. Collection and delinquent account procedures shall be as in §14-3A-6 of the City Code. ~ECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI FFFE:CTIVE 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~'At'~rfiey's O~ce - pweng/ord/stormw'ater 11-03.doc Ordinance No. DEFEATED 3/2/04 Page It was moved by and seconded by that the Ordinance as read be adopted, and upon rolt call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 12/16/03 Voteforpassage: AYES: Wilburn, Champion, Kanner, Lehman, Vanderhoef. NAYS:0'Donne]], Pfab. ABSENT: None. Second Consideration 1 Voteforpassage: AYES: Lehman, Vanderhoef, Wilburn, Bailey, Champion. NAYS: Elliott, O'Donnell. ABSENT: None. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 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. PAP~: ~.~y park or playgroun~ ow~.ed.or controlled b..y the C~ Lq~udL,',.g s~e~, ~ai~, 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 .................... --p'Oblic 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 march or procession of more than twenty-five (25) persons, vehicles or other forms of transportation, such as bicycles, or combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of way or the park by others. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10,Chapter 5 of this Code Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions" is hereby amended by repealing the definitions of "demonstration," "picket," "protestor,, and "public entertainment" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection B, entitled "Exemptions," is hereby amended by deleting Subsection B in its entirety and substituting in its place the following: B. Exemptions: The following are exempt from the provisions of this Chapter: 1. Funeral processions. 2. A gathering of an affiliated group or subpart thereof. 3. Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities. 4. Spontaneous events occasioned by news or affairs coming into public knowledge within three (3) days of such public assembly or parade provided that the organizer thereof gives written notice to the City at least twenty-four (24) hours prior to such parade or public assembly. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. It shall be unlawful for any person or group of persons to engage in, present, conduct or stage a parade or public assembly without first having obtained a parade/public assembly permit as provided in thiS Chapter. B. No person shall knowingly participate in or conduct a parade or public assembly unless a parade/public assembly permit has been obtained. C. All parades and public assemblies shall be conducted in accordance with the provisions of the parade/public assembly permit and shall be in compliance with all applicable State and local laws. No person shall knowingly fail to comply with the terms and conditions of a parade/public assembly permit. D. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public assembly or with any person, vehicle or animal participating or used in any parade or public assembly. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 3, entitled "Application for Permit," is hereby amended by deleting Section 3 in its entirety and substitutino in its Dlace the follow/no: 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. ~7.Appllcaiions ~l~a[I b~ mad~ un fuHn~ p,~pal~d by [i,~ Cji? Mca,c~y~, 'Ol du~iy, l~. ........................ 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 1, entitled "Parades and Public Assemblies," Section 4, entitled "Issuance or Denial of Permit," is hereby amended by deleting Section 4 in its entirety and substituting in its place the following: A. Standards for Issuance of Permit: The City Manager or designee shall grant or deny the application for a permit in writing, which shall be mailed by ordinary mail or personally delivered to the applicant and stating the reasons therefore within seven {7) working days of the application being filed, and no later than the day prior to the event assuming the application is timely filed. The City Manager or designee shall examine the application and shall grant a permit if the following conditions are met: 1. The use will not unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area in light of the date and time of said' proposed use. 2.The proposed public right of way can accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant. 3.The proposed use or activity is compatible with the normal activity of the proposed public right of way at the requested time or date. 4. Th_e. a~p!i.~c~_~jgn._d_.e_m~nstr_a_t~:th~ ~p~!i_ca_pnt b~s_ th_e" m_e"~.ns_, p!~D_ni~g a~_d co~r~j_n~i_q~ t:_o bold the proposed event, considering the time of day, location, public facilities available, traffie 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 3~. 7. The use will not require the excessive diversion of police from other duties or substantially interfere with the City's firefighting operations. 8. The use does not create undue health or safety hazards .............. 9'..'-~ Ail ~ppi;u~bl~ r~ h~vu b~ 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 misrepresentafion. 14. The applicant is legally competent to contract and to sue and be sued. 15. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. 16. The use or activity intended by the applicant is not prohibited by law. 17. The applicant paid clean up costs, if any, within thirty (30) days of the date of invoice as the result of a previously issued permit. 18. Additional police protection, if required under this chapter, has been secured. B. Contents and Conditions of Permit: The permit shall contain the following information: 1. Name, address, and telephone number of permittee. 2. Time, date and place of the permitted activity. 3. If a parade, the route and staging araa. 4. Number of monitors or policing personnel required for safe use of the public right of way. 5. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 5, entitled "Appeals Regarding Issuance or Denial of Permit," is hereby amended by deleting Section 5 in its entirety and substituting in its place the following: A. Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. B. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 6, entitled "Revocation of Permit," is hereby amended by deleting Section 6 in its entirety and substituting in its place the following: The City Manager or designee, or the City Council if issued following an appeal, may revoke a parade/public assembly permit if: A. it is determined that the permittee has misstated any material fact in the application, B. there is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred, C. when it is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation, D. the permittee's insurance has been cancelled, or E. the permittee is operating in violation of the terms and conditions of the permit or local, state, or federal law. A permit holder may appeal the revocation in the same manner as appealing the issuance or denial of a permit. Title 10, entitled ".Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 7, entitled "Sale or Assignment of Permit," a~ 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 Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows: A. The Chief of Police or designee shall determine whether and to what extent additional police or ................ ity x [' ............... and public safety. The Chief of Police or designee shall base this decision on the size, location, duration, time and date of the event, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the public right of way. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police or security protection for the parade or public assembly is deemed necessary by the Chief of Police or designee, the applicant shall be so informed. The applicant shall have the duty to secure the police or security protection deemed necessary by the Chief of Police or designee at the sole expense of the applicant. B. Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the City. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 10, entitled "Penalties," as follows: Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Cede. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," is hereby amended by changing the title of Chapter 2 to "Picketing." Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: PICKETER: A person who engages in picketing with or without signs or placards. PICKETING: The practice of standing, marching, congregating, protesting, demonstrating, or patrolling by one or more persons for the purpose of persuading, discussing, educating, advocating, or informing another person or persons or for the purpose of protesting some action, attitude, policy, or belief. It does not include social, random, or other everyday communication. PRIVATE RESIDENCE: A single-family, duplex, or multi-family dwelling. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10 Chapter 5. PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended primarily for pedestrian use. RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a particular private residence and that takes place directly in front of the particular private residence or the private residences on either side of the targeted private residence. RESIDENTIAL ZONE: All Zones defined in Title 14, Chapter 6, Article D of this Code. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "demonstration," "picket," "protester," and "public way" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by changing the title of Section 2 to "Use of Sidewalks for Picketing." Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. No picketing except as authorized by a parade/public assembly permit issued under Title 10, Chapter 1 of the Code, shall be conducted on that portion of the streets used primarily for vehi~!ar or bi_cyc~le_ tF~ffic 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:-N~,[i~;~'~9 he~;i, shall ~,,.,'.;b;t."r)~:ff'ie~id~nt~ occupant's sole place of business; 2) The residential picketing of a private residence used as a public meeting; 3) A person or group of persons from marching without stopping at a particular private residence; or 4) A person or group of persons from marching on a defined route without stopping at any particular private residence. C. Before a person may be cited for violation of this provision, the person must have been ordered to move, disperse, or otherwise remedy the violation by either a police officer or a person with authority to control the use of the private residence which is the focus or target of the residential picketing. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 4 entitled "Advanced Notice of Proposed Picketing, Protesting or Demonstrating," is hereby amended by deleting Section 4 and substituting in its place the following: A. Police officers are authorized to disperse persons who are picketing Whenever such picketing is in violation of this Chapter and poses a threat to public health, safety or ordedy flow of traffic. B. It shall be unlawful for any person to refuse to disperse or move on when so directed by a police officer as herein provided. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 5 entitled "Duty to Disperse as Directed by Police," is hereby amended by deleting Section 5 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 6 entitled "Obstruction of Public Ways," is.hereby amended by deleting Section 6 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: APPLICANT: A person who applies for a permit as provided in this Chapter. MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as determined and assigned by the City Manager, or designee, in writing within the boundaries of city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at one or two (2) designated locations. MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including public right of way, by a mobile vendor as provided in this Chapter. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. TEMPORARY USE OF SlDEVVALK PERMIT: Written authorization by the City for use of sidewalk as provided in this Chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public right of way" and substituting in its place the following new definition: PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10, Chapter 5 of the Code. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 2, entitled "Use of Public Sidewalks Restricted," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: Use of public sidewalks for any commercial purpose, including sidewalk cafes, shall be unlawful except as specifically provided herein or as specifically authorized by this chapter. · Title. 10 entit!ed "U_~_ 9f Pu. bl!C _Ways and P[o~pe__rty,_"~ ~h~.pt__e_r ~3,_ 9n_t.!.~ed "comme.rc,~, ~Jse of S~dewalks," 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 Ordinanca 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. ............... ¢~. '-Appiicaiiunful P~[[[]it. -- 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 identity 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 properly 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 secQon 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 ~nd Cgpd!t!ons. 0f P~?mit~ 'l'_h.e- p~rm!~ ~_a.!! cgqta_in 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 a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. D. The sale, transfer, or assignment of a temporary use of sidewalk permit is expressly prohibited. E. Revocation of Permit. The City Manager or designee, or the City Council if issued following an appeal, may revoke a permit if: 1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation is necessary to protect health, safety, and welfare 2.The permitee has misstated any material fact in the application 3.There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred. 4.The permitee is operating in violation of the terms and conditions of the permit. 5.The permitee is operating in violation of the terms of the permit or local, state, or federal law. 6.The permitee's insurance has been cancelled. A permit holder may appeal the revocation in the same manner as appealing the issuing or denying of a permit. F. Fees. Fees for permits shall be set by resolution of City Council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Section 5 in its entirety and substituting in its place the following: A. Application for Permit 1. Filing an Application. a. An application for a mobile vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the mobile vending operation. b. All applications for mobile vendor permits must be received by January 31 of the calendar year for which the permit will be issued. c. Applications shall be made on forms prepared by the City Manager or designee. 2, General Provisions a. No more than five (5) permits shall be issued each calendar year for the City Plaza and no more than two (2) permits shall be issued each calendar year for the 100, 200, and 300 blocks of Iowa Avenue. b. No tobacco or alcoholic beverages shall be offered for sale. c. At a minimum, mobile vendors shall operate during the following hours from May 1 to October 1: (1) 11:00 a.m, to 2:00 p.m. on Monday through Saturday; (2) 5:00 p.m. to 8:00 p.m. on Thursday through Saturday; and (3) three (3) additional hours each day on Monday through Wednesday as selected by the permitee. 3. Application Form The application form shall contain the following information: a, Name, address, and telephone number of the applicant. b. An acknowledgement to be signed by a natural person that he or she has authority over the permitted use of the sidewalk. c. List ofp.a~t p~r~i~s !~S_u_e.d. d. Description of food and/or beverage Product to be S01d, 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 cad storage. k. Description of cart including its dimensions. I. The three (3) additional hours the permitee has selected to operate on Mondays through ......................... Wedne~day~. m. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. n. Acknowledgment that the applicant has contacted the Johnson County Health Department and has reviewed health code requirements. o, Insurance is required in a reasonable amount necessary to minimize risk of harm to persons and property based on the intended use, as determined by the City's Risk Manager. p, Any other information that the City Manager or designee finds necessary. B. Issuance or Denial of Permit Standards. The City Manager or designee shall grant or deny the application for a mobile vendor permit in writing within a reasonable time, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefore no later than sixty (60) calendar days after the application being filed. The length of time which is reasonable shall be determined by the type of use requested, the information supplied, the time the application is filed, and the extent of advance preparation and planning demonstrated and reasonably required. The City Manager or designee shall issue a permit if the following conditions have been met: 1. A mobile vending location is available which will not inter~ere 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. ~errni!e~i~ q_am~ te!_eph.9.n~ ~nymber, ~q~ _a~ddress. 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, 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. Title10, entitled "Use of Public Ways and Properly," 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 otherwise reproduced original or copies of any matter or literature: (1) which advertises for sale any merchandise, product, commodity, or thing (2) which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; (3) which directs attention to or advertises any meeting, theatrical perlormance, 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. ¥itle 10, entitled "Use of Public Wa~s_ a_n.d p~o~erty.." Cha_Pter 4, entitled "Posting Bills," is hereby amended by adding as new Section 3, entitled "Posting of Handbill Pr°hJbii~·," as foiiows.:- 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, uM. itl~d ............... 47, ;u ' ~'ar~ .... by renumbedng 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 padnership, 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, can'way, 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 I 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. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by deleting the definitions of "ambulatory vendor" and "kiosk" and by substituting in their place the following new definitions: AMBULATORY VENDOR: A person selling goods or services while moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart and with a minimum of equipment such as a person selling balloons and a portrait artist. KIOSK: A small, public-owned structure that is stationary and that contains newspaper vending units. Title !0., .~_t~.lgd "u~e.. qf ~gl~!!c W~.y_s_ a_n.~ _propgrty," C~hapt_e~r .5, .~n~ti~[~ '~(~j~.y P!az~," ~s~_t!on 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 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 pemons 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 renumbedng it Section 5: Removal Of accumulations of snow and/or ice in Zone 1 of city plaza resulting from building runoff shall be the responsibility of the adjoining property owner. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Animals Restricted," is hereby amended by deleting 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 prevision shall not apply to an animal trained to assist persons with disabilities or an animal that is securely confined within an animal carrier, kennel, cage, or crate and does not create a public nuisance. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8, entitled "'Use of City Plaza," is hereby amended by deleting Section 8 in its entirety and by substituting the following new section in its place and renumbedng it Section 7: A. Private Uses Authorized in Each Zone 1. Zone 1: a. Ambulatory Vendor Permits, Arts and Crafts Vendor Permits, Sidewalk Caf6 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. ~m.huJa_te.~y V_end_dr P~rmi~. .... 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: ...................... ~.--Ruquil~ u ~uu~u,~bl~ u,,,uul,[ ui' ir,su~uHue CO'v~,ag~ i'u,~al,y-[ise-in the Clt~'Piugu' ~-rot- inconsistent with other provisions of this Title to minimize the risk of harm to persons and properly when the activity or event being sponsored on City Plaza creates a higher than usual risk of City or public liability exposure due to the nature of the activity or event or due to the expected number of participants or spectators as determined by the City's Risk Manager; 2. Waive the insurance requirements for events or activities sponsored by the agencies of the State, the University of Iowa or other governmental subdivisions, provided such entities enter into an agreement satisfactory to the City Attorney to protect and hold harmless the City, its officers, agents and employees from and against all claims, lawsuits, damages, losses and expenses in any manner resulting from or arising out of the activity or event covered by the permit or to accept full responsibility for safe activity or event and to defend the City, its officers, agents and employees with regard thereto. E. Newspaper Vending Units in Kiosks: 1. Newspapers may utilize the newspaper vending units in the kiosks. 2. Upon the filing of an application by a newspaper with the City Manager or designee and upon payment of an annual administrative fee, payable April 1 of each year and set by City Council resolution, the City shall make available one unit in a kiosk. Each newspaper may utilize only one unit unless the number of applications does not exceed the available kiosk units. 3. If the number of applications exceeds the available kiosk units, the City will handle the applications on a lottery basis, to be 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 Iocatien 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, ~tit[~d ~U.~_e Qf Publi~ .W_a.y.~ ~n.~ ~rop.~[~y," _Cha~tt~r {5~.e..n_t_itl~d "City Plaza," S_e_cti. on 9~ entitled "City Use Permits," is hereby amended by deleting Section 9 in its entirety, by substituting the following new section in its place, renumbedng 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 ~u ~-~ 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 properly 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_.ap~Lic,3_n_t, has c~bLa_i_n.e_d a!l 9.e_ce~.ssaqc_permits required bv~ the county depad .ment o[ 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. ffiT~rITe'~n~ COmpiled with aPpiicabie law~ conc~q3r-olTeT1~3'oT*s-ate- .................. of any goods or services. p. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Contents and Conditions of Permit. The permit shall contain the following information: a. Name, telephone number, and address of permittee. b. Time, date and place of the permitted activity. c. Such other information that the City Manager or designee finds necessary for the enforcement of this ordinance. 3. Appeals Any party aggrieved by the City Manager's or designee's decision to issue or deny a permit under this Chapter may appeal the determination to the City Council if, within ten (10) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than at its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. 4. The sale, transfer, or assignment of an ambulatory vendor permit for city plaza is expressly prohibited 5. Revocation of Permit. The City Manager or designee, or City Council if issued following an appeal, is authorized to revoke an ambulatory vendor permit issued under this Chapter whenever: a. The permit has failed to comply with any provisions of this Chapter b. The permitted activity creates an obstruction to pedestrian use of the City Plaza or a nuisance or violates of any statute, law, rule or regulation involving the permitted event c. It is necessary to protect health or safety as determined by the Police Chief or designee or Fire Chief or designee d. The permitee has misstated any material fact in the application e. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred f. The permitee is operating in violation of the terms and conditions of the permit or g. The permitee's insurance has been cancelled. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit. 6. Fees. Fees for ambulatory vendor permits shall be set by resolution of the City Council. C. Permanent And Temporary Structures: The City Manager or designee, upon approval of city council, may enter into an agreement for the sale or lease of public right of way in the city plaza for the construction of an addition to an existing store front or for the temporary or seasonal use of zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following conditions have been or will be met: 1. Building Design: a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are amhitecturally harmonious shall be used for all building walls and _o_t _h_~ r ~e~t.~ p [ _b. u]Ldi.~ ~Tx~J]ll2o..n_.e n t sj~hg I I~_v .~[ .p aJ-11y v[slbl_e~ from pu_bljc 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. ................... ~-tvl~Chanicai equi~ other uiiiity 'hardWare on roof,-groz]rrd o~ 1~31t~ shall tre- screened from public view with materials harmonious with the building or shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. 2. Signs: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining buildings. b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. c. Every sign shall express, in scale and in proportion, an appropriate visual relationship to buildings and surroundings. d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot lighting is used, it shall be arranged so that the light source is shielded from view· 3. Additional Criteria: a. The Design Review Committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this Chapter. Such criteria shall become effective when adopted by the City Council by resolution. b. No building permit for the construction of any temporary structure or any building extension to be constructed pursuant to this Chapter shall be issued until plans for said construction have been reviewed by the Design Review Committee and approved by the City Council. The Design Review Committee shall, within thirty (30) calendar days of receipt of said plans, review the plans and advise approval, approval with conditions or disapproval in a written report forwarded to the City Council and the applicant. City Council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present. 4. Illumination: Nighttime interior illumination of all building fronts and basement extensions, display window extensions and basement stairwells is required during hours of operation. 5. Construction Costs: Ail 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 11 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 Regu!a!i. ons~" ~a~c_tion 1, e_n_tit_led "D_e_fiz~it_io_n_s_.,".is_b~r~bby am~ep_d~d byadding_tbe lQ!lowing n_ew d~finjtions: 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 park or occupies any area in the public right of way or in a park. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use. SPONSORING AGENCY: Any organization or group, regardless of whether it is legally constituted, and including but not limited to corporations and partnerships, on whose behalf a natural person individual makes application for a park permit. TRAIL: A way or place, the use of which is controlled by the City as owner of the real property, used for persons walking, jogging, skateboarding, in line skating, or bicycling or motorized devices designed for and used by persons with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "parade" and "park, public park" and substituting the following new definitions: PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms of transportation, such as bicycles, or any combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of way, including a park by others Funeral precessions shall not be deemed to be included in this definition and shall not be considered a parade. PARK, PUBLIC PARK: Any park or playground owned or controlled by the City, including streets, trails, and roadways therein. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public entedainment" 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 siCns. 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 excep~t _up_on streets and trails, and then only if the horse-r der 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 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 Nonmotodzed Vehicles: 1. No person shall travel upon or operate a bicycle or nonmotorized vehicle within Chauncey Swan Park 2. Persons may travel upon or operate bicycles and nonmotorized vehicles in all other City parks except where posted as prohibited, and only to the extent the nonmotorized vehicles are used in a safe manner so as not to injure persons or property. 3. This provision shall not apply to a person with disabilities using a nonmotorized device designed for a person with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 3, entitled "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: A. Permit Required: It shall be unlawful for any person or group of persons to use any park or the facilities of any park without complying with the requirements of Title 10 Chapter 1 including first having obtained a parade/public assembly permit if applicable. B. Secured Shelter: No person or sponsoring agency shall use a secured shelter without obtaining the authorization of the Director or designee. C. Park Facility: Any person or sponsoring agency may reserve a park facility by completing a filing an application with the Director on a form prepared by the Director. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 5, entitled "Fees for Use of City Park and Recreation Areas and Facilities," _S.u_~_e._c_tJo..n_ B i~ ip.~re_.by ~._m_e~_d..e,,d by .d.~!~ti~r)g ~ub~e_c. ti_o~.~j~ jt~s e_ntir~ ~nd ~ub._s_ti~tu_~i~g Ln it_s~ p!.a.~e the following: B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or waive fees for use of park facilities or equipment for affiliate groups or organizations providing public recreational opportunities and which are under the sponsorship or co-sponsorship of the Parks and Recreation Department. Ordinance No. Page 19 Title 10, entitled "Use of Public Ways and Property," 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 Depadment. ramp that is intended to provide an opportunity for individuals to sell permitted items that aro 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 whois authorized under this chapter to occupy a stall and to sell items in the Farmers Market. PERSON: A natural person. SEASON VENDOR: A Farmers Market Vendor who is authorized by the City to occupy a stall for the entire season. STALL: A space designated by the Director in the Farmers Market that a Farmers Market Vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 10-11-2: REGISTRATION A, Authorization Required. No person shall sell or offer for sale any item at the Farmers Market without authorization from the Director or designee. B. Obtaining Authorization. In order to receive authorization, a person shall register with the Director at least one (1) day in advance of the market date on a form prepared by the Director. C. Registration Form. The registration form shall contain the following information: 1. Name, address, and telephone number of the Farmers Market Vendor, 2. Agreement to indemnify the City, 10-11-3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION The Director or designee shall examine the registration form and shall grant authorization if the following conditions are met: A. All applicable fees have been paid. B. Astall is available. C. The person has not had his or her Farmers Market authorization revoked in the last year. D. If there are not sufficient stalls for all persons who apply for a stall, a Season Vendor from the previous calendar year shall have priority over a person who was not a Season Vendor from the previous calendar year. 10-11-4: APPEALS A, Any party aggrieved by the decision of the Director to grant or deny authorization under this Section may appeal within ten (10) calendar days of the date of the decision by filing a written notice of appeal with the City Manager B. The hearing shall be before the City Manager, who may reverse, affirm or modify, in any regard, the determination of the Director based upon the standards enumerated herein. The City Manager's decision is the final decision of the City. 10-11-5: REVOCATION OF AUTHORIZATION A. Authorization may be revoked by the Director if: · 1, The Farmers Market Vendor has misstated in any way material facts on the registration form 2, Thero 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 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 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 Office sue/OrdRes/PUPL Ord,doc Ordinance No. Page __ It was moved by and seconded by that the Ordinance ~a-~~a~pon roll Call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 2/17/04 Vote for passage: AYES! Bailey, Champion, E11iott, O'Donnell, Vanderhoef, Nilburn, NAYS: None. ABSENT: Lehman. Second Consideration 3/2/04 Voteforpassage:AYES: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Date published Page 1 of 1 Marian Karr ~=[~ From: Edc Fisher [efisher204@yahoo,com] Sent: Tuesday, March 02, 2004 2:47 PM To: council@iowa-city.org Subject: Second Reading of Iowa City Ordinance 10-1-1, et. seq. Dear Council Members, On behalf of the Iowa Civil Liberties Union-Hawkeye Chapter, I respectfully request that you not collapse the Second and Third readings of ordinance 10-1-1, et. seq., if such a motion is considered at tonight's meeting. The ICLU is currently studying the ordinance and needs additional time between the readings so that we adequately comment upon language which we believe might pose First Amendment constitutional problems. Thank you for considering this request. Sincerely, Eric K. Fisher Board Member, Hawkeye Chapter, ICLU 1536 C Ave NE Cedar Rapids, IA 52402 (319) 366-3259 3/2/04 Marian Karr From: Caroline Dieterle [caroline-dieterle@uiowa.edu] Sent: Wednesday, February 18, 2004 1:04 PM To: cou ncil@iowa-city.org Cc: regenia_bailey@iowa-city.org; con nie_cham pion @iowa-city,org Subject: Fwd: Re: revisions to ordinance Thinking about the ordinance in its now amended form, some questions still remain. For example, I am forwarding a note I got about it today. What is the answer to the question this person raises? - Caroline Dieterle .............. Text of forwarded message ............... >At 11:46 AM 2/18/2004 -0600, you wrote: >> >>Hi Caroline... I have been wondering about this "gathering ordinance" and >>my "over-reacting, whacked-out" questions about it revolve around the >>questions of liability regarding an act of terrorism at one of these >>events and who ends up carrying the liability if such a thing should >>occur. For example, a group holds a public rally, a bomb goes off, >>someone at the event gets hurt, property is damaged, a passerby is >>killed...does the city hold any liability, or is this ordinance so >>broadly written that only the individual whose name is on the insurance >>indemnity, not even the group sponsoring the event, which is how the >>ordinance has been revised, by the way, is held liable...just wondering >>what your thought on this might be, Sounds crazy to thinki in these >>terms, but these are crazy times we're living in, check out the Twin >>Cities and their anti-terrorism task force for an example of this. I >>wonder how much fore-thought this ordinance has actually been given and >>if our city isn't looking to avoid having to be proactive in their >>terrorism preparedness...this being one way to avoid being held >>accountable...thanks for your time... Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER $, ENTITLED "PROHIBITIONS AND RESTRICTIONS," AND 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" TO ALLOW FOR THE SALE, POSSESSION, AND CONSUMPTION OF BEER AND WINE UNDER LIMITED CIRCUMSTANCES IN A CITY PARK, ON PUBLIC RIGHT- OF-WAY, OR ON A CITY GROUND, EXCLUDING CITY BUILDINGS, PURSUANT TO A WRITTEN AGREEMENT WITH THE CITY. WHEREAS, Riverside Theatre, in cooperation with the City of Iowa City, has presented the Riverside Theatre Shakespeare Festival in City Park during the last four (4) summers; WHEREAS, Riverside Theatre has offered meals to those attending the performances of the Riverside Theatre Shakespeare Festival; WHEREAS, in many summer Shakespeare festivals throughout the United States, alcoholic beverages are offered as part of the meal; WHEREAS, presently city ordinances do not permit the sale or possession of alcohol in any city park; WHEREAS, Riverside Theatre has requested that it be allowed to sell beer and wine in conjunction with the performances during the Riverside Theatre Shakespeare Festival; WHEREAS, it is in the best interest of the city to allow nonprofit corporations to sell beer and/or wine under limited circumstances in a city park, on public right-of-way, or on a city ground excluding city buildings and to allow citizens to possess and consume beer and wine under said limited circumstances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Paragraph A in its entirety and substituting in its place a new Paragraph A as follows: It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right-of-way in the city, except if said person has pumhased said alcoholic beverage from an "authorized entity," and is on an "authorized site," as those terms are defined in this section. A person shall not use or consume alcoholic beverages in any public place within the city, except premises covered by a license or permit, and when applicable a public right-of-way easement agreement. 2. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Paragraph B in its entirety and substituting in its place a new Paragraph B es follows: A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity," and is on an "authorized site," as those terms are defined in this section. 3. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by adding a new Paragraph D as follows: 1. The city may enter into a written agreement with an authorized entity that allows for the sale of beer and/or wine in a city park, on public right-of-way, or on a city ground excluding city buildings. The term of said agreement shall not exceed one (1) year. 2. As used in this Chapter, the following definitions shall apply: a. Agreement: The official agreement between the city and an authorized entity to sell beer and/or wine on an authorized site for consumption and possession only on an authorized site, which includes at a minimum the following provisions: ~..~tLbD.dT...¢~ Bnth n w~_d~.scriptic~n a~~ntinn.~orizeJ;L.~ ............ (2) Premises Insurance. The authorized entity shall provide a certificate of insurance for general liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides coverage in the following minimum amounts: Comprehensive General Liability for Bodily Injury and Property Damage of $1,000,000 for each occurrence and $2,000,000 in the aggregate. The authorized entity shall provide thirty (30) days notice to the city before cancellation of said insurance. (3) Dram Shop Insurance. The authorized entity shall provide proof that bt is in compliance with the liability insurance requirements of Iowa Code section 123.92, as amended, in the amount of Ordinance No. Page 2 $500,000. (4) Indemnification. The authorized entity shall 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 the sale of beer and/or wine on the authorized site, whether sustained by any person or persons, 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 the authorized site or consumption of beer and/or wine on the authorized site. (5) Inspection. City staff, including the Police Department, may periodically inspect the authorized site without any prior notice to the authorized entity for the purpose of enforcing the terms of the agreement. (6) License. The authorized entity has a state license to sell beer and/or wine for the term of the agreement. b. Authorized Entity: A non-profit corporation (meaning those entities granted tax-exempt status by the IRS under section 501(c)(3) of the Internal Revenue Code). c. Authorized Site: A precisely described area in a city park, on public right-of-way, or on a city ground excluding city buildings over which the authorized entity has control for specified hours on specified days pursuant to a written agreement with the city. 4. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 5, entitled "Open Containers," is hereby amended by deleting Paragraph B in its entirety and substituting in its place a new Paragraph B as follows: It shall be unlawful for any persons to possess any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right-of-way in the city, except if said person has purchased said alcoholic beverage from an "authorized entity," and is on an "authorized site," as those terms are defined in this section. A person shall not possess alcoholic beverages in any public place within the city, except premises covered by a license or permit, and when applicable a public right-of-way easement agreement. 5. 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," Paragraph F is hereby amended by deleting Paragraph F in its entirety and substituting in its place a new Paragraph F as follows: Alcoholic Beverages: Possess or consume any alcoholic beverage in any park, except if said person has purchased said alcoholic beverage from an "authorized entity," and is on an "authorized site," as those terms are defined in Title 4, Chapter 5, Section 3. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or 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 ~'~'~o~ved by //~ ATTEST: _ CITY CLERK City Attorney's 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 3/2/04 Voteforpassage:AYES: 0'Donnel], Vanderhoef, Wilburn, Bai]e,y, Champion, Elliott. NAYS: Lehman. ABSENT: None. Second Consideration Vote for passage: Date published 12 DATE: February 25, 2004 TO: City Council FROM: Eleanor M. Dilkes, City Attorne RE: Ordinance to Allow Sale and Consumption of Alcohol in a City Park Under the current City Code, no one can sell or possess alcohol in a city park. Pursuant to your direction, I have drafted an ordinance that allows for the limited sale and consumption of beer and wine in any city park thus making it possible for Riverside Theatre to sell beer and wine in conjunction with its performances. This memorandum outlines the basic provisions of the proposed Ordinance. 1. What. This Ordinance allows for the sale and consumption of beer and wine in any city park. Council may choose to permit the sale of alcohol as well. 2. Where. This Ordinance allows for the sale and consumption in any city park, but only at a specified site (referred to as an "authorized site" in the Ordinance). The "authorized site" will be an area that is clearly defined. Council may choose to limit the sales just to City Park. 3. Who May Sell. Only nonprofit corporations that engage in reqular activities in a city park are eligible to enter into an agreement to sell alcohol (referred to as an "authorized entity" in the Ordinance). For example, the following groups are not eligible: a company hosting a summer employee picnic, a family celebrating a family reunion, a fraternity sponsoring a softball tournament, or a couple holding their wedding reception. Council may choose to expand the groups that are eligible. 4. Who May Consume. Only "patrons" may consume alcohol. They must purchase it from the "authorized entity" and they must remain on the "authorized site." "Patrons" are defined as ticket holders and employees or independent contractors of the "authorized entity." 5. How. Before the "authorized entity" may sell wine or beer, the entity must have entered into a written agreement with the City that will be approved by Council resolution. The Ordinance sets out certain provisions that must be in the agreement including: a) Insurance. The "authorized entity" must have both premises insurance and dram shop insurance (The State of Iowa also requires Dram Shop insurance for the liquor license). b) Indemnification. The "authorized entity" must agree to indemnify the City for injuries arising out of the sale of alcohol in the city park. c) To whom. The "authorized entity" may only sell to "patrons." d) Specified area. The sale and consumption may only occur on an "authorized site." e) Access. The "authorized entity" must not allow anyone onto the site who is not a "patron." Memorandum to City Council February 25, 2004 Page 2 6. Under 19. The Ordinance includes exceptions to the "Under 19 Ordinance" (iowa City Code section 4-5-8) such that the entity may allow people (if they meet the definition of "patron") under age19 to be at the performance after 10:00 p.m. and that persons under 19 may attend the performance after 10:00 p.m. As I have said, Council can choose to be more expansive or more restrictive than the requirements contained in this Ordinance. I look forward to discussing this with you at the work session on March 1, 2004. Copy to: Stephen J. Atkins Marian K. Karr Terry Trueblood Sue Dulek Marian Karr From: mark,evans@act.org Sent: Tuesday, March 02, 2004 3:42 PM To: editorial@gazettecommunications.com; online@press-citizen.corn Cc: cou ncil@iowa-city,org Subject: Alcohol and Iowa City Make the Individual Responsible for their Own Actions .......... Why are the majority of us made suffer for the mis-adventures of a small minority in our society? This town is struggling with the alcohol question, at a level one would think is a local only scourge. If we compare the amount of bad situations occuring were alcohol is a factor to the amount of people who go out for a couple of drinks each night and drink and behave responsibly, surely we can deduce that the root cause of the problem is not alcohol but something more relative to the individuals involved. But it appears there is drive to make the consumption of alcohol a social evil. Again a small group of fearful people are over re-acting to what they believe is a problem and making all suffer as a consequence through a series of complex and silly regulations. A change of our dealing with anti-social behaviour is probably going to be the most effective approach for the foreseable future. One which I read about which is practiced in a small city, not much different in size from Iowa City, is in Ennis in Ireland. Any offender brought before the court for a charge of alchol related offences or were it was deemed a contributing factor, is made provide a urine sample daily, for four weeks to police, showing the person is avoiding any alcohol or drugs. If they in anyway fail, it is extended a further four weeks and the individual is also required to attend counseling. The clincher is all this is at the expense of the individual! Think of the inconvenience any person would be put through, especially a student, and how they may consider their actions and behaviour in the future. Certainly this is a lot more involved and more expensive than just a ticket and a fine. And as the person must attend counseling, maybe they can begin a process of internal searching at an early stage as to wether they are compatible with alcohol or not. Alcohol is here to stay and we should not try and suppress it. Prohibitions failure is testament to that. If we make it harder for people especially our youth, to drink, they will find ways around it. Then we open the field for more events which are uncontrolled and which may end up tragic. Underage drinking is a risk. But as the age limit varies from country to country, what is a safe age to allow one to consume alcohol or not? Most countries have an eighteen limit. It makes perfect sense to try and get young people to wait till they reach a mature age before allowing them to drink, but people mature differently. Two things to consider, regardless of 1 an age limit, people will still try it out before they are supposed to and what is the difference between a twenty one year old and a nineteen year old when it comes to consuming alcohol? And should we consider their interpretation to the law? They are treated as adults in so many other way, they can obtain a driving licence, gun licence, be married and divorced, have kids, serve in the military. But what message are they getting when we say no you can't sup ena cold eno? Agreeably we want our children to succeed and not being under pressure te start drinking among other things at an early age is foremost in our thought. Again if they get a ne, they will defy it. If we raise our children te be confident and explain the dangers in certain things we can impewer them to think maturely, we hope. But there is still within most of us a desire to experience. One ef humankinds most powerful attributes is our curiosity. Se to close my letter. Relax the laws. Even this may have the effect of preventing underage people from acts ef rebelion and defiance. Charge the individual directly with respensibilty for wrong doings. Don't penalize establishments who do make efforts to ensure their clientel are of the legal age. Host underagers probably acquire their alcohol through fake ID's anyway, now is that not fraud? College life and partying de go hand in hand. A great proportion of students do make it through alright, even if they partied. If they flunk it because of their partying, tough! They know the consequences. Don't make the rest of us suffer because of a small percentage who cannot control themselves. Hark Evans, Iowa City. (Work Ph.319/337-1897) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO, ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," AND TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 9, ENTITLED KS AND RECREATION REGULATIONS," SECTION 2, ENTITLED "PROHIBITED )NS IN PARKS AND PLAYGROUNDS" TO ALLOW FOR THE SALE, POSSESSION. ~D CONSUMPTION OF BEER AND WINE UNDER LIMITED CIRCUMSTANCES TO A WRITTEN AGREEMENT WITH THE CITY. Theatre, in cooperation with the City of ,, has presented the Riverside Theatre Shakespeare in City Park during the last four (4) ~ WHEREAS, has offered meals to thc attending the performances of the Riverside Theatre Shake.. ~ Festival; WHEREAS, in many Shakespeare festivals hout the United States, alcoholic beverages are offered as meal; WHEREAS not of alcohol in any city park; WHEREAS, Riverside Theatre as requested that it allowed to sell beer and wine in conjunction with the performances durir rside Theatre Sh~ Festival; WHEREAS, it is in the best the City entities that engage in regularly scheduled activities in a city park to sell beer d/or wine ur limited circumstances and to allow citizens to possess and consume beer and wine er said circumstances. NOW, THEREFORE, CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession and City Buildings," is hereby amended by deleting Paragraph B in its entirety and s~ in its place a new Paragraph B as follows: A person shall not consume or alcoholic beverage in a city park, except if said person is a "patron," has purchased said beverage from an "authorized entity," and is on an "authorized site," as those terms ~ in this section. 2. Title 4, entitled "Alcoholic BeverCges," Ch; entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or PosseSSion in : Places and City Buildings," is hereby amended by adding a new Paragraph D as follows: 1. The City may enter into a,~vritten ac with an authorized entity that allows for the sale of beer and/or wine in a city park. 2. As used in this Chapter,'{he followin ~ shall apply: a. Aqreement: The official' a ~,ity and an authorized entity to sell beer and/or wine on an authorized site fo~'consumption and only on an authorized site, which includes at a minimum the following provisions: (1) Authorized Site. B~th a written description and a p sical illustration of the authorized site. (2) Premises Insuran(~e. The authorized entity de a certificate of insurance for general liability and casualty insurance, naming the City of Iowa City ; an additional insured, which provides coverage in the followin9 minimum amounts: Coml ;eneral Liability for Bodily Injury and Property Damage of $1,000,000 for each occurrence and ,000,000 in the aggregate. The authorized entity shall provide thirty (30) days notice to the Cit insurance. (3) Dram Shop I~urance. The authorized entity shall in compliance with the liability insurance requirements of Iowa Code section 123.92, amended, in the amount of $500,000. (4) Indemnifica/ion. The authorized entity shall pay on behalf of all sums which the City shall be obligated ~o pay by reason of any liability imposed upon the Cit), ,,~amages of any kind resulting from the Sale of beer and/or wine on the authorized site, whether sustained by any person or persons, 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 the authorized site or consumption of beer and/or wine on the authorized site. (5) Inspection. City staff, including the Police Department, may periodically inspect the authorized site without any prior notice to the authorized entity for the purpose of enforcing the terms of the agreement. Ordinance No. Page 2 (6) License. The authorized entity has a license to sell beer and/or wine for the term of the agreement. (7) Limitation on Sales. Only sales to patrons are allowable. b. Authorized Entity: A non-profit corporation (meaning those entities granted tax-exempt status by the IRS under section 501(c)(3) of the Internal Revenue Code) that engages regularly scheduled activities in a city park pursuant to a written agreement with the City. c. Authorized Site: A precisely described area in a city park over which the entity has control for specified hours on specified days pursuant to a written agreemE d. Patron: A person whom the authorized entity permits on the authorized; f means of a ticket issued by the by reason of the person's by or contractual relationship with 4. Title 4, entitled s," Chapter 5, Restrictions," Section 8, entitled "Persons Under Years of Age in Licensed Permitted Establishments," Paragraph B is hereby amended a new Sub ~llows: The person under nineteen (19) ars of age is a "patron" ~ "authorized entity" and is on an "authorized site," as ned in Title 4, Cha Section 3. 5. Title 4, entitled "Alcoholic Bevera :hapter 5, entitled and Restrictions," Section 8, entitled "Persons Under Nineteen of Age or Permitted Establishments," Paragraph C is hereby a new Sul: ~h 4 as follows: The person under nineteen "authorized entity" and is on an "authorized site," as Chapter 5, Section 3. 6. Title 10, entitled "Use of Public Ways an~ Chapter 9, entitled "Parks and Recreation Regulations," Section 2, ions in Parks and Playgrounds," Paragraph F is hereby amended by deleting Paragraph F its entirety and substituting in its place a new Paragraph F as follows: Alcoholic Beverages: Possess or any alcoholic beverage in any park, except if said person is a "patron," has purchased ~lic beverage from an "authorized entity," and is on an "authorized site," as Title 4, Chapter 5, Section 3. SECTION II. REPEALER. AII~ pads with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any on, provis~or or part of the Ordinance shall be adjudged to be invalid or unconstitutional, the validity of the Ordinance as a whole or any section, provision or part thereof not invalid or un SECTION IV. EFFECTIVE DATE. linance shall ]fter its final passage, approval and publication, as provided by law. Passed and approved this __ , of 2004. MAYOR ATTEST: CITY CLERK