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this Ordinance are hereby repealed.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