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2004-03-16 Ordinance
Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 04-4114 AN ORDINANCE AMENDING THE ZONING CODE REGARDING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN THE COMMERCIAL OFFICE (CO-i) ZONE WHEREAS, the Commercial Office Zone (CO-l) 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, Commercial and Business Zones, Section 1, Commercial Office Zone(CO-1 ), Subsection C., Provisional Uses, is hereby amended, deleting paragraph 2. Subsection D, Special Exceptions, of this same Section is hereby amended adding paragraph 6: 6. Religious institutions. The remaining paragraphs of this subsection D are hereby renumbered accordingly. SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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. ,~and approved this 16th day of March ,2004. CITY C-~E RK Ap~/~rovedby C'l~r~, ~,'~(~i~N'E y,~' O F F i C E Ordinance No. 04-4114 Page 2 It was moved by 0'Donne11 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 Wilbum First Consideration 2/17/04 Voteforpassage: AYES: Wilburn, Bailey,~ Champion, Elliott, O'Donnell, Vanderhoef. NAYS: None. ABSENT: Lehman. Second Consideration 3/2/04 Voteforpassage:AYES: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Nilburn. NAYS: None. ABSENT: None~ Date published 3/24/04 Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN INANCE AMENDING THE ZONING CODE REGARDING REQUIREMENTS IN THE COMMERCIAL OFFICE (CO-1) ZONE :he Commercial Office Zone (CO-1) is intended as a potential location for ~ous institutions imilar conditions as other public assembly-type uses; and urrent lot size and setback requirements for religious institutions Zone are inconsistent with requirements for religious institutions in similar commercial and WHEREAS, allowin .~ligious institutions to locate in the CO-1 Zone by grant special exception will provide the c ious institutions of various types and size to in the CO-1 Zone under the guidance and of the Board of Adjustment, similar wed in other commercial zones; and NOW, THEREFORE, BE ~DAINED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA: SECTION I. Title 14, Chapter 6, Zoning, Arti( Commercial and Business Zones, Section 1, Commercial .~(CO-1), Subsection C., Prov Uses, is hereby amended, deleting paragraph 2: Subsection D, Special Exceptions, Section is hereb adding paragraph 6: 6. Religious institutions. The remaining paragraphs of this subsection ~ereby ~bered accordingly. SECTION V. REPEALER. All ordinances and in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, prow., or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall n( ;t the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged in, SECTION VII. EFFECTIVE DATE. This Ordina shall be~ effect after its final passage, approval and publication, as provided by law. Passed and approved this day of . MAYOR A'I-I'EST: CITY CLERK ICE Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," TO CREATE A UNIFORM PERMrFI'ING 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 uses 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 and structures 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 fee~ing of well-being and tranquility which the residents of the City should enjoy in their dwellings should be preserved; WHEREAS, the practice of focused residential picketing before or about a dwelling, targeted at the occupant or occupants of such dwelling causes emotional disturbances and distress to the occupant or occupants and disturbs the sense of peace and tranquility enjoyed by individuals in their dwellings; WHEREAS, there currently is no provision for the regulation of the Farmers Market, and a registration process should be created that sets up a procedure for Farmers Market vendors to register for exclusive use of a stall, to appeal the denial of said use, and to provide for revocation of said authorization under specific conditions; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is hereby amended by adding the following new definitions: AFFILIATED GROUP: A group of persons or an entity engaged in sports and/or recreation that a) is affiliated with and either sponsored or co-sponsored by the City of Iowa City including, but not limited to organized youth soccer, boys' baseball, and girls' softball; and b) has executed a memorandum of understanding with the City for the use of public property. APPLICANT: A person who applies for a parade/public assembly permit as provided in this Chapter. PARADE/PUBLIC ASSEMBLY PERMIT: Written authorization by the City for use of public property, including the public right of way, as provided in this Chapter. PARK: Any park or playground owned or controlled by the City, including streets, trails, and roadways therein. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Ordinance No. Page 2 PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons on the public right of way or one-hundred (100) persons in a park -for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended primarily for pedestrian use. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions and Exemptions," Subsection A, entitled "Definitions," is hereby amended by repealing the definitions of "Parade" and "Public Way" and substituting in their place the following new definitions: PARADE: A 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. 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 one (1) hour prior to such parade or public assembly. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. It shall be unlawful for any person or group of persons to engage in, present, conduct or stage a parade or public assembly without first having obtained a parade/public assembly permit as provided in this Chapter. B. No person shall knowingly participate in or conduct a parade or public assembly unless a parade/public assembly permit has been obtained. C. All parades and public assemblies shall be conducted in accordance with the provisions of the parade/public assembly permit and shall be in compliance with all applicable State and local laws. No person shall knowingly fail to comply with the terms and conditions of a parade/public assembly permit. D. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public assembly or with any person, vehicle or animal participating or used in any parade or public assembly. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 3, entitled "Application for Permit," is hereby amended by deleting Section 3 in its entirety and substituting in its place the following: A. Filing Application: 1. An application for a parade/public assembly permit shall be filed with the City Manager or designee by any person or group of persons desiring to use any public right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the parade 'or public assembly. 2. All applications shall be filed at least three (3) working days in advance of the date of the requested use. 3. Applications shall be made on forms prepared by the City Manager or designee. Ordinance No. Page 3 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 transpodation 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. Except if the parade or public assembly is held entirely on a public sidewalk or on city plaza and does not require any equipment, cables, objects, structures, or similar items to be placed on the sidewalk or city plaza, 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. Except if the parade or public assembly is held entirely on a public sidewalk or on city plaza and does not require any equipment, cables, objects, structures, or similar items to be placed on the sidewalk or city plaza, 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. The application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. 5. The event will not interfere with either another event for which a permit has already been granted or an event organized and conducted by the City for the same date and time 6. The use will not substantially interrupt the flow of street and/or pedestrian traffic. Ordinance No. Page 4 7. The use will not require the excessive diversion of police from other duties or substantially interfere with the City's firefighting operations. 8. The use does not create undue health or safety hazards 9. All applicable fees have been paid. 10. The application is fully completed and executed. 11. The indemnification agreement has been signed, if applicable. 12. A certificate of insurance showing compliance with this section has been provided, if applicable. 13. The application contains no material falsehood or misrepresentation. 14. The applicant is legally competent to contract and to sue and be sued. 15. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. 16. The use or activity intended by the applicant is not prohibited by law. 17. The applicant paid clean up costs, if any, within thirty (30) days of the date of invoice as the result of a previously issued permit. 18. Additional police protection, if required under this chapter, has been secured. B. Contents and Conditions of Permit: The permit shall contain the following information: 1. Name, address, and telephone number of permittee. 2. Time, date and place of the permitted activity. 3. If a parade, the route and staging area. 4. Number of monitors or policing personnel required for safe use of the public right of way. 5. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 5, entitled "Appeals Regarding Issuance or Denial of Permit," is hereby amended by deleting Section 5 in its entirety and substituting in its place the following: A. Any party aggrieved by the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. B. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 6, entitled "Revocation of Permit," is hereby amended by deleting Section 6 in its entirety and substituting in its place the following: The City Manager or designee, or the City Council if issued following an appeal, may revoke a parade/public assembly permit if: A. it is determined that the permittee has misstated any material fact in the application, B. there is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred, C. when it is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation, D. the permittee's insurance has been cancelled, or E. the permittee is operating in violation of the terms and conditions of the permit or local, state, or federal law. A permit holder may appeal the revocation in the same manner as appealing the issuance or denial of a permit. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 7, entitled "Sale or Assignment of Permit," as follows: The sale, transfer, or assignment of a permit is prohibited. 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 fellows: Fees for permits shall be set by resolution of City Council. Ordinance No. Page 5 Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows: A. The Chief of Police or designee shall determine whether and to what extent additional police or security protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The Chief of Police or designee shall base this decision on the size, location, duration, time and date of the event, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the public right of way. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event, if additional police or security protection for the parade or public assembly is deemed necessary by the Chief of Police or designee, the applicant shall be so informed. The applicant shall have the duty to secure the police or security protection deemed necessary by the Chief of Police or designee at the sole expense of the applicant. B. Persons engaging in parades or public assemblies conducted for the sole purpose of public issue speech protected under the First Amendment are not required to pay for any police protection provided by the City. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 10, entitled "Penalties," as follows: Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," is hereby amended by changing the title of Chapter 2 to "Picketing." Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: PICKETER: A person who engages in picketing with or without signs or placards. PICKETING: The practice of standing, marching, congregating, protesting, demonstrating, or patrolling by one or more persons for the purpose of persuading, discussing, educating, advocating, or informing another person or persons or for the purpose of protesting some action, attitude, policy, or belief. It does not include social, random, or other everyday communication. PRIVATE RESIDENCE: A single-family, duplex, or multi-family dwelling. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10 Chapter 5. PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended primarily for pedestrian use. RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a particular private residence and that takes place directly in front of the particular private residence or the private residences on either side of the targeted private residence. RESIDENTIAL ZONE: All Zones defined in Title 14, Chapter 6, Article D of this Code. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "demonstration," "picket," "protester," and "public way" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by changing the title of Section 2 to "Use of Sidewalks for Picketing." Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 2, entitled "Use of Streets and Sidewalks for Picketing, Protesting and Demonstrating," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: A. No picketing except as authorized by a parade/public assembly permit issued under Title 10, Chapter 1 of the Code, shall be conducted on that portion of the streets used primarily for vehicular or bicycle traffic. B. Interference with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct free passage of any pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or egress to any business or public facility. 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": Ordinance No. Page 6 A. It shall be unlawful for any person to engage in residential picketing. B. Nothing herein shall prohibit: 1 ) The residential picketing of a residence which is used as the occupant's sole place of business; 2) The residential picketing of a private residence used as a public meeting; 3) A person or group of persons from marching without stopping at a particular private residence; or 4) A person or group of persons from marching on a defined route without stopping at any particular private residence. C. Before a person may be cited for violation of this provision, the person must have been ordered to move, disperse, or otherwise remedy the violation by either a police officer or a person with authority to control the use of the private residence which is the focus or target of the residential picketing. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 4 entitled "Advanced Notice of Proposed Picketing, Protesting or Demonstrating," is hereby amended by deleting Section 4 and substituting in its place the following: A. Police officers are authorized to disperse persons who are picketing whenever such picketing is in violation of this Chapter and poses a threat to public health, safety or orderly flow of traffic. B. It shall be unlawful for any person to refuse to disperse or move on when so directed by a police officer as herein provided. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 5 entitled "Duty to Disperse as Directed by Police," is hereby amended by deleting Section 5 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 6 entitled "Obstruction of Public Ways," is hereby amended by deleting Section 6 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: APPLICANT: A person who applies for a permit as provided in this Chapter. MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as determined and assigned by the City Manager, or designee, in writing within the boundaries of city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at one or two (2) designated locations. MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including public right of way, by a mobile vendor as provided in this Chapter. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. TEMPORARY USE OF SIDEWALK PERMIT: Written authorization by the City for use of sidewalk as provided in this Chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public right of way'' and substituting in its place the following new definition: PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza as defined in Title 10, Chapter 5 of the Code. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 2, entitled "Use of Public Sidewalks Restricted," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: Use of public sidewalks for any commercial purpose, including sidewalk cafes, shall be unlawful except as specifically provided herein or as specifically authorized by this chapter. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Number of Permits; Use Limitations; Excluding Side-walk Cafes and Mobile Vending Carts," is hereby amended by deleting Section 4 in its entirety, by substituting in its place the following, and by entitling new Section 4 as 'q'emporary 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 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 Ordinance No. Page 7 temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than three (3) days for any one permit. A. Application for Permit. 1. Filing an Application. a. An application for a Temporary Use of Sidewalk Permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the application shall identify a natural person who has authority to act for the applicant with regard to the temporary use of the sidewalk. b. All applications shall be received five (5) days before proposed use. c. Applications shall be made on forms prepared by the City Manager or designee. 2. Application Form. The application form shall contain the following information: a. Name, address, and telephone number of the applicant. b. An acknowledgement to be signed by a natural person that he or she has authority over the permitted use of the sidewalk. c. Name and address of applicant's business. d. Days and hours of requested use. e. Description of use. e. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. f. Insurance as required in a reasonable amount necessary to minimize risk of harm to persons or property based on the nature and size of the event, as determined by the City's Risk Manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. g. Any other information that the City Manager or designee finds necessary. B. Issuance or Denial of Permit. 1. Standards for Issuance of Permit. The City Manager or designee shall grant or deny the application for Temporary Use of Sidewalk Permit in writing, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefore within seven (7) working days of the application being filed. The City Manager or designee shall examine the application and shall issue said permit if the following conditions are met: a. The applicant's proposed use will not impede the free flow of pedestrian traffic along the public right of way or in or out of adjacent properties. b. All applicable fees have been paid. c. The application is fully completed and executed. d. The indemnification agreement has been signed. e. A certificate of insurance showing compliance with this section has been provided. f. The application contains no material falsehood or misrepresentation. g. The applicant is legally competent to contract and to sue and be sued. h. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. i. No permit has already been issued for the same time and place. j. The use does not conflict with previously planning programs organized and conducted by the City and previously scheduled for the same time and place. 2. Contents and Conditions of Permit. The permit shall contain the following information: a. Name, telephone number, and address of permittee. b. Time, date and place of the permitted activity. c. The permittee shall only offer for sale its own goods and products and shall not offer for sale any tobacco product. d. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Ordinance No. Page 8 C. Appeals. Any party aggrieved the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. D. The sale, transfer, or assignment of a temporary use of sidewalk permit is expressly prohibited. E. Revocation of Permit. The City Manager or designee, or the City Council if issued following an appeal, may revoke a permit if: 1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation is necessary to protect health, safety, and welfare 2.The permitee has misstated any material fact in the application 3. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred. 4.The permitee is operating in violation of the terms and conditions of the permit. 5.The permitee is operating in violation of the terms of the permit or local, state, or federal law. 6.The permitee's insurance has been cancelled. A permit holder may appeal the revocation in the same manner as appealing the issuing or denying of a permit. F. Fees. Fees for permits shall be set by resolution of City Council. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Section 5 in its entirety and substituting in its place the following: A. Application for Permit 1. Filing an Application. a. An application for a mobile vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the mobile vending operation. b. All applications for mobile vendor permits must be received by January 31 of the calendar year for which the permit will be issued. c. Applications shall be made on forms prepared by the City Manager or designee. 2. General Provisions a. No more than five (5) permits shall be issued each calendar year for the City Plaza and no more than two (2) permits shall be issued each calendar year for the 100, 200, and 300 blocks of Iowa Avenue. b. No tobacco or alcehotic beverages shall be offered for sale. c. At a minimum, mobile vendors shall operate during the following hours from May 1 to October 1: (1) 11:00 a.m. to 2:00 p.m. on Monday through Saturday; (2) 5:00 p.m. to 8:00 p.m. on Thursday through Saturday; and (3) three (3) additional hours each day on Monday through Wednesday as selected by the permitee. 3. Application Form The application form shall contain the following information: a. Name, address, and telephone number of the applicant. b. An acknowledgement to be signed by a natural person that he or she has authority over the permitted use of the sidewalk. c. List of past permits issued. d. Description of food and/or beverage product to be sold. e. Requested location or locations of operation. f. Electrical appliances to be used. g. Fuel needed to power equipment. h. Hours of operation. i. Months of operation. j. Location of overnight cart storage. Ordinance No. Page 9 k. Description of cart including its dimensions. I. The three (3) additional hours the permitee has selected to operate on Mondays through Wednesdays. m. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. n. Acknowledgment that the applicant has contacted the Johnson County Health Department and has reviewed health code requirements. o. Insurance is required in a reasonable amount necessary to minimize risk of harm to persons and property based on the intended use, as determined by the City's Risk Manager. p. Any other information that the City Manager or designee finds necessary. B. Issuance or Denial of Permit Standards. The City Manager or designee shall grant or deny the application for a mobile vendor permit in writing within a reasonable time, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefore no later than sixty (60) calendar days after the application being filed. The length of time which is reasonable shall be determined by the type of use requested, the information supplied, the time the application is filed, and the extent of advance preparation and planning demonstrated and reasonably required. The City Manager or designee shall issue a permit if the following conditions have been met: 1. A mobile vending location is available which will not interfere the free movement within the emergency/service lane. 2. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the public right of way or in or out of adjacent properties. 3. The applicant agrees to operate the applicant's business only at assigned mobile vending locations. 4. The dimensions of the applicant's vending cart shall not exceed a size of four feet (4') wide by nine feet (9') long by eight feet (8') high. 5. The applicant has adequate storage for the mobile vending cart off the city plaza or public right of way. 6. The applicant has obtained all necessary permits required by the county department of health. 7. All applicable fees have been paid. 8. The application is fully completed and executed. 9. The indemnification agreement has been signed. 10. A certificate of insurance showing compliance with this section has been provided. 11. The application contains no material falsehood or misrepresentation. 12. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and the applicant has paid all other outstanding and unpaid debts to the City. 13. The applicant has complied with applicable laws concerning the sale or offering for sale of any goods or services. 14. The use or activity intended by the applicant is not prohibited by law. 15. No other mobile vendor permit has been issued for substantially the same food or beverage product. Contents and Conditions of Permit: The permit shall contain the following information: 1. Permitee's name, telephone number, and address. 2. Time, date and place of the permitted activity. 3. The permitee's mobile vending location. 4. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. C. Appeals 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 Ordinance No. Page 10 after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. D. The sale, transfer, or assignment of a mobile vending permit is expressly prohibited. E. Revocation of Permit. The City Manager or designee, or City Council if issued following an appeal, may revoke a mobile vending permit if: 1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public calamity, riot Or other emergency, the public safety requires such revocation. 2.The permitee has misstated any material fact in the application. 3. There is.a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred. 4.The permitee is operating a mobile vending cart in violation of the terms of the permit. 5.The permitee's insurance has been cancelled. 6.The permittee violates any administrative rules. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit. F. Fees. Fees for mobile vending permits shall be set by resolution of City Council. G. Administrative Rules. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to carry out the previsions of this Chapter. A copy of said rules shall be on file with the City Clerk. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills" is hereby amended by changing the title of chapter 4 from "Posting Bills" to "Posting Handbills." Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature: (1) which advertises for sale any merchandise, product, commodity, or thing (2) which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; (3) which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, or (4) which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. NONCOMMERCIAL HANDBILL: Any printed or written matter that is not a newspaper. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "billposters and distributors" in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 2, entitled "Manner of Distribution Generally; Unlawful Distributions of Public Ways," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: Distribution of commercial handbills and noncommercial handbills shall be made in such a manner so as not to create a public nuisance. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," is hereby amended by adding as new Section 3, entitled "Posting of Handbill Prohibited," as follows: In the right-of-way or on public land, no person shall post, stick, stamp, paint or otherwise affix, or cause the same to be done by any person, any commercial handbill or noncommercial handbill calculated to attract the attention of the public, upon any right-of-way or any lamp post, electric light, telephone pole, bulletin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon the columns, trusses, girders, railings, gates or other public part of any public bridge or viaduct, or Ordinance No. Page 11 other public structure or building, or upon any pole, box or fixture of the fire alarm except as may be authorized or required by law. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 3, entitled "Billboard Maintenance Requirements" and Section 4, entitled "Penalties", are hereby amended by renumbering Section 3 as Section 4 and renumbering Section 4 as Section 5 respectively. Title 10, entitled "Use of Public Ways and Prepedy," 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. 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 eot limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, cartway, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza. ZONE 1: The ten-foot (10') strip directly abutting the private property lines in City Plaza. Zone 1 extends the length of the City Plaza along all sides of the Plaza. Zone 1 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to time, by resolution of the City Council. ZONE 2: The six-foot (6') pedestrian lanes in the City Plaza adjoining Zone 1 on each side, the landscaped areas, the areas with street furniture and features and other areas as specified on the City Plaza Map. Zone 2 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to time, by resolution of the City Council. ZONE 3: The emergency/service lane in City Plaza. Zone 3 is illustrated on the City Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to time, by resolution of the City Council. 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 setling goods or services, including arts and crafts, while moving through Zones 1, 2 and 3 and operating without the use of a mobile vending cart and with a minimum of equipment such as a person selling balloons and a portrait artist. KIOSK: A small, public-owned structure that is stationary and that contains newspaper vending units. Title 10, entitled "Use of Public Ways and Properly," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by deleting the definitions of "mobile vending cart" and "mobile vendor" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 3, entitled "Description of Mall Zones," is hereby amended by deleting Section 3 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 4, entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its entirety and by substituting the following new section in its place and renumbering it Section 3: A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended within city plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure other than a bicycle rack. Ordinance No. Page 12 B. Nonmotorized Vehicles. No person shall travel upon or operated a nonmotorized vehicle within the city plaza, except for a persons with disabilities using a vehicle designed for use by person with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 5, entitled "Motor Vehicle Regulations," is hereby amended by deleting Section 5 in its entirety and by substituting the following new section in its place and renumbering it Section 4: No person shall operate a motor vehicle, except emergency vehicles, within the limits of city plaza without authorization issued by the city manager or designee: A. Any business located on properly 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 Properly," Chapter 5, entitled "City Plaza," Section 6, entitled "Removal of Snow and Ice Accumulations from Building Runoff," is hereby amended by deleting Section 6 in its entirety and by substituting the following new section in its place and renumbering it Section 5: Removal of accumulations of snow and/or ice in Zone 1 of city plaza resulting from building runoff shall be the responsibility of the adjoining property owner. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled "Animals Restricted," is hereby amended by deleting Section 7 in its entirety and by substituting the following new section in its place and renumbering it Section 6: No person shall take, accompany or allow any animal into city plaza except as permitted in Title 8, Chapter 4, Section 12 of the Code. This provision shall not apply to an animal trained to assist persons with disabilities or an animal that is securely confined within an animal carrier, kennel, cage, or crate and does not create a public 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 substitufin9 the following new section in its place and renumbering it Section 7: A. No commercial use of city plaza is allowed except as authorized in this Chapter. B. Private Uses Authorized in Each Zone 1. Zone 1: a. Ambulatory Vendor Permits, Arts and Crafts Vendor Permits, Sidewalk Caf~ Permits, Parade/Public Assembly Permits. b. Building extensions where, in the sole judgment of the city council, such extensions enhance the quality of city plaza. c. Landscaping with the permission of the City Manager or designee. d. Display window extensions with the permission of the City Manager or designee e. Building front and/or basement extensions, provided the use of the extension is the same as the store activity with the permission of the City Manager or designee. 2. Zone 2: a. Permits issued under either this chapter or Chapter 1. b. Landscaping with the permission of the City Manager or designee. c. Newspaper racks. d. Temporary placement of noncommercial objects and structures as authorized herein. 3. Zone 3: a. Ambulatory Vendor Permits. C. 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. D. 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. E.The City Manager or designee may: Ordinance No. Page 13 1. Require a reasonable amount of insurance coverage for any use in the City Plaza not inconsistent with other provisions of this Title to minimize the risk of harm to persons and property when the activity or event being sponsored on City Plaza creates a higher than usual risk of City or public liability exposure due to the nature of the activity or event or due to the expected number of participants or spectators as determined by the City's Risk Manager; 2. Waive the insurance requirements for events or activities sponsored by the agencies of the State, the University of Iowa or other governmental subdivisions, provided such entities enter into an agreement satisfactory to the City Attorney to protect and hold harmless the City, its officers, agents and employees from and against all claims, lawsuits, damages, losses and expenses in any manner resulting from or arising out of the activity or event covered by the permit or to accept full responsibility for safe activity or event and to defend the City, its officers, agents and employees with regard thereto. F. Newspaper Vending Units in Kiosks: 1. Newspapers may utilize the newspaper vending units in the kiosks. 2. Upon the filing of an application by a newspaper with the City Manager or designee and upon payment of an annual administrative fee, payable April 1 of each year and set by City Council resolution, the City shall make available one unit in a kiosk. Each newspaper may utilize only one unit unless the number of applications does not exceed the available kiosk units. 3. If the number of applications exceeds the available kiosk units, the City will handle the applications on a lottery basis, to be conducted by the City Manager or designee prior to April 1 of each year. After completion of the lottery, if needed, the City Manager or designee shall provide written notice of the lottery results to the requesting newspapers. The selected newspapers shall pay the annual administrative fee to the City Manager or designee. 4. The newspaper which pays the administrative fee and is assigned a space may not affix a logo or sign to its assigned unit. 5. Nothing in this subsection shall be construed to limit or interfere with alternative methods of distribution available to newspapers throughout the city, as permitted by federal law. G. Placement of Noncommercial and Commercial Objects and Structures. 1. No person shall place any free-standing noncommemial object or structure in City Plaza without authorization issued by the City Manager or designee. 2. To obtain authorization, the person shall inform the City Manager or designee of the proposed duration of the placement, the proposed location of the object or structure, and the physical dimensions of the object or structure. 3. Upon receipt of such information, the City Manager or designee shall promptly authorize the display in Zone 2 only for a maximum of thirty (30) days in any one-year period, unless the City Manager or designee finds that said object or structure will impede the flow of pedestrian traffic at the proposed location. If the City Manager or designee finds that said object or structure 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 or structure in City Plaza. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 9, entitled "City Use Permits," is hereby amended by deleting Section 9 in its entirety, by substituting the following new section in its place, renumbering it Section 8, and by entitling new Section 8 as "Uses of City Plaza": A. Mobile Vendors: The requirements for mobile vendors in City Plaza are identical to those for mobile vendors as provided in Title10, Chapter 3, Section 5 of the Code. B. Ambulatory Vendors: 1. Application for Permit a. Filing Application. Ordinance No. Page 14 (1) An application for a ambulatory vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as provided in this Chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the ambulatory vending operation. (2) All applications must be received at least five (5) working days by before the proposed start of operations. (3) Applications shall be made on forms prepared by the City Manager or designee. b. Application Form The application form shall contain the following information: (1) Name, address, and telephone number of the applicant. (2) An acknowledgment to be signed by a natural person that he or she has the authority to act on behalf of the ambulatory vending operation. (3) List of past permits issued. (4) Product to be sold. (5) Hours of operation. (6) Months of operation. (6) An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. (7) Acknowledgment that the applicant has contacted the Johnson County Health Department and has reviewed health code requirements. (8) Fee. (9) Insurance is required in a reasonable amount necessary to minimize risk of harm to persons or property based on the nature and size of the event, as determined by the City's Risk Manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. (10) Any other information that the City Manager or designee finds necessary. 2. Issuance or Denial of Permit Standards. The City Manager or designee shall grant or deny the application for the ambulatory vendor permit within a reasonable time, which shall be mailed by ordinary mail or personally delivered to the applicant and stating the reasons therefore no later than sixty (60) working days of the application being filed. The length of time which is reasonable shall be determined by the type of use requested, the information supplied, the time the application is filed, and the extent of advance preparation and planning demonstrated and reasonably required. The City Manager or designee shall issue an ambulatory vendor permit if the following conditions have been or will be met. a. The application is received at least five (5) working days before the proposed start of operations. b. The applicant will operate without the use of a mobile vending cart and with a minimum of equipment. c. The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the city plaza right of way, nor shall it interfere with such pedestrian movement into or out of retail establishments fronting on the plaza. d. The applicant will conduct the vending completely within the boundaries of city plaza. e. The applicant has obtained all necessary permits required by the county department of health. f. All applicable fees have been paid in full. g. The application is fully completed and executed. h. The indemnification agreement has been signed. i. A certificate of insurance showing compliance with this section has been provided. j. The application contains no material falsehood or misrepresentation. k. The applicant is legally competent to contract and to sue and be sued. Ordinance No. Page 15 I. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. m. The applicant has complied with applicable laws concerning the sale or offering for sale of any goods or services. p. Such other information that the City Manager or designee finds necessary for the enfomement of this Chapter. Contents and Conditions of Permit. The permit shall contain the following information: a. Name, telephone number, and address of permittee. .b. Time, date and place of the permitted activity. c. Such other information that the City Manager or designee finds necessary for the enforcement of this ordinance. 3. Appeals Any party aggrieved by the City Manager's or designee's decision to issue or deny a permit under this Chapter may appeal the determination to the City Council if, within ten (10) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than at its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. 4. The sale, transfer, or assignment of an ambulatory vendor permit for city plaza is expressly prohibited 5. Revocation of Permit. The City Manager or designee, or City Council if issued following an appeal, is authorized to revoke an ambulatory vendor permit issued under this Chapter whenever: a. The permit has failed to comply with any provisions of this Chapter b. The permitted activity creates an obstruction to pedestrian use of the City Plaza or a nuisance or violates of any statute, law, rule or regulation involving the permitted event c. It is necessary to protect health or safety as determined by the Police Chief or designee or Fire Chief or designee d. The permitee has misstated any material fact in the application e. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred f. The permitee is operating in violation of the terms and conditions of the permit or g. The permitee's insurance has been cancelled. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit. 6. Fees. Fees for ambulatory vendor permits shall be set by resolution of the City Council. C. Permanent And Temporary Structures: The City Manager or designee, upon approval of city council, may enter into an agreement for the sale or lease of public right of way in the city plaza for the construction of an addition to an existing store front or for the temporary or seasonal use of zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following conditions have been or will be met: 1. Building Design: a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings. (2) Relationship to the brick and wood theme of City Plaza. (3) Materials shall be of durable quality. e. Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another. Ordinance No. Page 16 f. Colors shall be selected for their harmony and/or ability to complement the color scheme of the City Plaza. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building or shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design. 2. Signs: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining buildings. b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. c. Every sign shall express, in scale and in proportion, an appropriate visual relationship to buildings and surroundings. d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot lighting is used, it shall be arranged so that the light source is shielded from view. 3. Additional Criteria: a. The Design Review Committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this Chapter. Such criteria shall become effective when adopted by the City Council by resolution. b. No building permit for the construction of any temporary structure or any building extension to be constructed pursuant to this Chapter shall be issued until plans for said construction have been reviewed by the Design Review Committee and approved by the City Council. The Design Review Committee shall, within thirty (30) calendar days of receipt of said plans, review the plans and advise approval, approval with conditions or disapproval in a written report forwarded to the City Council and the applicant. City Council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present. 4. Illumination: Nighttime interior illumination of all building fronts and basement extensions, display window extensions and basement stairwells is required during hours of operation. 5. Construction Costs: All costs of construction are to be paid by the permittee, including costs of damage or repair to the City Plaza caused by the construction. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 10, entitled "Permit Application Procedures," is hereby amended by deleting Section 10 in its entirety and substituting in its place the following new Section 10 entitled "Penalties": Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," is hereby amended by adding a new Section 9, entitled "Administrative Rules" as follows: The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this Chapter. A copy of said rules 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 Regulations," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions: APPLICANT: A person who applies for permit as authorized in this chapter. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. PARK FACILITY: A baseball field, softball field, soccer field, tennis court, secured shelter, or unsecured shelter in a park or Riverside Festival Stage. Ordinance No. Page 17 PUBLIC ASSEMBLY Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to pubtic use. SPONSORING AGENCY: Any organization or group, regardless of whether it is legally constituted, and including but not limited to corporations and partnerships, on whose behalf a natural person individual makes application for a park permit. TRAIL: A way or place, the use of which is controlled by the City as owner of the real property, used for persons walking, jogging, skateboarding, in line skating, or bicycling or motorized devices designed for and used by persons with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of "parade" and "park, public park" and substituting the following new definitions: PARADE: A march or procession of more than twenty-five (25) persons, vehicles or other forms of transportation, such as bicycles, or any combination thereof, in or upon the public right of way or in a park that necessitates or results in the exclusion, in whole or in part, of use of the public right of way, including a park by others Funeral processions shall not be deemed to be included in this definition and shall not be considered a parade. PARK, PUBLIC PARK: Any park or playground owned or controlled by the City, including streets, trails, and roadways therein. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public entertainment" in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds," is hereby amended by deleting Section 2 in its entirety and substituting in its place the following: In any park no person shall: A. Damage To Property, Animals, Trees And Plant Materials: 1. Pick or destroy any plant materials or walk or run upon any flower beds. 2. Break or tear any limbs or branches from any tree. 3. Throw objects or missiles at any animal or bird or molest any animal or bird in any way. 4. Tear down, mutilate, destroy or carry away any sign constructed under the authority of the City Council or the Parks and Recreation Department. 5. Tear down, mutilate, destroy or burn any building, shelter equipment, picnic table, grill, or any personal property owned by the City B. Motor Vehicles And Traffic: 1. Park any vehicle in any area where parking is prohibited by posted signs. 2. Drive any vehicle within any park, except upon the designated streets, driveways and parking areas of such parks, except motorized devices designed for and used by persons with disabilities. 3. Drive any vehicle within any park at a speed in excess of fifteen (15) miles per hour, unless otherwise posted. 4.Drive any vehicle in the wrong direction upon any one-way street within a park. C. Weapons: Carry firearms or weapons into any park. D. Animals: 1. Bring, cause or permit any pet to enter into any park unless such animal is on a leash or confined either a vehicle or in a cage, kennel, crate, or carrier. 2. Ride any horse in any park except upon streets and trails, and then only if the horse-rider provides for the immediate disposal of solid waste material excreted by any animal. 3. This provision shall not apply to an animal trained to assist persons with disabilities or to a person issued a permit as authorized in section 8-4-12. E. Fires: Build or aid and abet the building of any fire in any park, except in stoves or fireplaces designated for such purposes. F. Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any park. G. Practice Golf: Practice golf in any park. Ordinance No. Page 18 H. Unauthorized Use Of Buildings: Occupy any shelter or building or recreation area which has been reserved by others through the provisions of this Chapter or install any unauthorized reserved sign in any shelter, building or recreation area. I.Hours: 1. Except as provided for specified parks herein, occupy any park, whether on foot or in a vehicle, or permit any vehicle to remain parked in any park between the hours of ten thirty o'clock (10:30) P.M. and six o'clock (6:00) A.M. unless granted special authorization by the City. 2. From April 15 to October 31, the hours shall be from eleven o'clock (11:00) P.M. to six o'clock (6:00) A.M. in City Park and Mercer Park. 3. Occupy, whether on foot or in a vehicle, or permit any vehicle to remain parked from dusk to dawn at the following parks: Waterworks Prairie Park, Peninsula Park, Hickory Hill Park, and Ryerson's Woods Park. Dusk means thirty (30) minutes after the time designated each calendar day as "sunset" and dawn means thirty (30) minutes before the time designated each calendar day as "sunrise" by the United States Naval Observatory for Iowa City, Johnson County, Iowa. Said designations can be accessed via the internet at <http://aa.usno.navy.mil>. J. Bicycles And Nonmotorized Vehicles: 1. No person shall travel upon or operate a bicycle or nonmotorized vehicle within Chauncey Swan Park 2. Persons may travel upon or operate bicycles and nonmotorized vehicles in all other City parks except where posted as prohibited, and only to the extent the nonmotorized vehicles are used in a safe manner so as not to injure persons or 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 '"l'raffic and Parking Regulations," is hereby amended by deleting Section 3 in its entirety and substituting in its place the following: A. Duties Of Director: The Director is hereby authorized and directed to: 1) designate streets and drives for use within the parks; 2) designate parking areas for the parks; and 3) prohibit, regulate or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in the parks at all times or during specified hours. The Director shall also cause signs to be posted designating streets, drives and parking areas or prohibiting, regulating or limiting stopping, standing or parking in the parks. B. Vehicle Owner Prima Facie Responsible for Violations: If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this Chapter and the identity of the operator cannot be determined, there is a rebuttable presumption that the owner is responsible for such violation. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 4, entitled "Facility Permit," is hereby amended by deleting Section 4 in its entirety and substituting in its place the following: A. Permit Required: It shall be unlawful for any person or group of persons to use any park or the facilities of any park without complying with the requirements of Title 10 Chapter 1 including first having obtained a parade/public assembly permit if applicable. B. Secured Shelter: No person or sponsoring agency shall use a secured shelter without obtaining the authorization of the Director or designee. C. Park Facility: Any person or sponsoring agency may reserve a park facility by completing a filing an application with the Director on a form prepared by the Director. Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 5, entitled "Fees for Use of City Park and Recreation Areas and Facilities," Subsection B is hereby amended by deleting Subsection B in its entirety and substituting in its place the following: B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or waive fees for use of park facilities or equipment for affiliate groups or organizations previding public recreational opportunities and which are under the sponsorship or co-sponsorship of the Parks and Recreation Department. Title 10, entitled "Use of Public Ways and Property," is hereby amended by adding a new Chapter 11, entitled "Farmers Market," as follows: Ordinance No. Page 19 10-11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply: DIRECTOR: The Director of City Parks and Recreation Department. FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan parking ramp that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county, and state health and safety provisions, including state department of agriculture regulations. FARMERS MARKET VENDOR: Person who is authorized under this chapter to occupy a stall and to sell items in the Farmers Market. PERSON: A natural person. SEASON VENDOR: A Farmers Market Vendor who is authorized by the City to occupy a stall for the entire season. STALL: A space designated by the Director in the Farmers Market that a Farmers Market Vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 10-11-2: REGISTRATION A. Authorization Required. No person shall sell or offer for sale any item at the Farmers Market without authorization from the Director or designee. B. Obtaining Authorization. In order to receive authorization, a person shall register with the Director at least one (1) day in advance of the market date on a form prepared by the Director. C. Registration Form. The registration form shall contain the following information: 1. Name, address, and telephone number of the Farmers Market Vendor. 2. Agreement to indemnify the City. 10-11-3: STANDARDS FOR GRANTING OR DENYING AUTHORIZATION The Director or designee shall examine the registration form and shall grant authorization if the following conditions are met: A. All applicable fees have been paid. B. A stall is available. C. The person has not had his or her Farmers Market authorization revoked in the last year. D. If there are not sufficient stalls for all persons who apply for a stall, a Season Vendor from the previous calendar year shall have priority over a person who was not a Season Vendor from the previous calendar year. 10-11-4: APPEALS A. Any party aggrieved by the decision of the Director to grant or deny authorization under this Section may appeal within ten (10) calendar days of the date of the decision by filing a written notice of appeal with the City Manager B. The hearing shall be before the City Manager, who may reverse, affirm or modify, in any regard, the determination of the Director based upon the standards enumerated herein. The City Manager's decision is the final decision of the City. 10-11-5: REVOCATION OF AUTHORIZATION A. Authorization may be revoked by the Director if: 1. The Farmers Market Vendor has misstated in any way material facts on the registration form 2. There is a material variance between the information on the registration form and the facts reasonably ascertained by the Director, 3. When, by reason of disaster, public calamity, riot or other emergency, as determined by the Director, City Manager, Fire Chief, or Chief of Police, that the safety of the public requires such revocation. 4. The Farmers Market Vendor is operating in violation of the terms and conditions of the authorization. B. A person may appeal a revocation of authorization in the same manner as appealing the denial of authorization as provided in this chapter. 10-11-5: ADMINISTRATIVE RULES The Director is authorized to establish administrative rules. A copy of said rules shall be on file with the City Clerk. 10-11-6: FEES Fees for authorization of a Farmers Market Vendor shall be established by resolution of the City' Council. 10-11-7: PENALTIES Ordinance No. Page 20 Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, Chapter 4 of this Code. SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or pad of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pad 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 ApDr~ved by City Attorney's Office sue/OrdRes/PUPL Ord.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 3/16/04 Voteforpassage:AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published City of Iowa City E ORANDUM TO: City Council FROM: Eleanor M. Dilkes, City Attorney ~ ~,U~J~'~ DATE: March 16, 2004 RE: Private Use of Public Land In addition to the changes identified in my memo to you of March 10, 2004, pursuant to your direction at last night's work session, I have made two (2) more changes to the proposed ordinance, which amends a variety of sections of Title 10 of the City Code concerning the "private use of public land", as follows: · Spontaneous Events. The notification period has been decreased from twenty-four hours to one (1) hour. (see section 10-1-1B(3) on p. 2) I have not included the suggested "whenever possible" language as it is not enforceable. · Insurance/Indemnification for City Plaza and Sidewalks. If the parade or public assembly is held entirely on city plaza and consists solely of people without any equipment or objects, no insurance or indemnification is required. (see section 10-1- 3B(13) and (14) on p. 3 and section 10-1-4A(11) and (12) on p. 4) I have made the provision on indemnification and insurance for sidewalks consistent so that if there is equipment placed on sidewalks, indemnification and insurance may be required. Again, because these changes are substantive, a first reading is required. Copy to: Steve Atkins Marian Karr Dale He[ling Erin Herting Terry Trueblood Sue Dulek City of Iowa City MEMORANDUM TO: City Council /"~ FROM: Eleanor M. Dilkes, City Attorney~ t,~,~IJu/' DATE: March 10, 2004 RE: Private Use of Public Land After further meetings with staff, I am suggesting the following four (4) changes to the proposed ordinance that amends a variety of sections of Title 10 of the City Code concerning the "private use of public land": · Insurance/Indemnification and Sidewalks. If the parade or public assembly is held entirely on the sidewalk, no insurance or indemnification will be required. (see section 10-1-3B(13) and (14) p. 3 and section 10-1-4A(11 ) and (12) on p. 4) The risk to the City for a claim made by a person who is injured while participating in a parade or public assembly is greatest when the person is walking on the street (for example, tripping over a cord during the Jazz Fest or in a pothole during a demonstration). Because streets are not intended to be used for pedestrian traffic, the City is not required to maintain streets at the same level as sidewalks. In addition, permitted activity on sidewalks typically involves fewer people. As we have discussed, if the parade or public assembly is held on the streets, there still remains a provision that the insurance requirement can be waived if it cannot be obtained or is not affordable. · Student Groups and Parade Permits. The exemption to the parade/public assembly permit for student groups has been deleted. (see section 10-1-1B on p. 2) Such student groups are not parades because they are using the sidewalks merely as a means to get from point A to point B and for no other reason. · Zones Within City Plaza. Language is added to clarify that free-standing noncommercial objects and structures shall not be placed in either Zone 1 (the 10 foot buffer around buildings) or Zone 3 (the emergency vehicle lanes) in city plaza. (see section 10-5-7A on p. 12, section 10-5-7B(2)(d)on p. 12, section 10-5-7G(3)on p. 13) · Arts and Crafts Vendor Permits. Because arts and craft vendors are ambulatory vendors by definition, there is no mason to have a separate type of permit. (see section 10-5-2 on p. 11) I have also spoken to the police department about the 24-hour notice for spontaneous events, which are an exception to the permitting requirements. I was told that generally they could respond with less than 24-hours notice but that a major event/demonstration which required additional personnel could be difficult to respond to without 24-hours notice. If Council wishes to amend the proposed ordinance in any of these ways, the change will be substantive necessitating a first reading. Copy to: Steve Atkins Marian Karr Dale Helling Erin Herting Terry Trueblood Sue Dulek Marian Karr From: Caroline Dieterle [caroline-dieterle@uiowa.edu] Sent: Thursday, Mamh 04, 2004 12:21 PM To: rdbailey@avalon.net Cc: cou ncil@iowa-city.org Subject: Fwd: [jcnews] Miami permit case Regenia - I don't know whether you and other Council members have seen this AP item, so apologies if this is a duplication. - Caroline ............... Text of forwarded message ............... >By The Associated Press >03.03.04 MIAMI - A federal judge has ruled that the City of Miami must >automatically grant all protest permits, or officials will have to go to >court to state a reason for why the permits should be denied. > >U.S. District Judge Donald L. Graham's ruling bypasses Miami's permit >requirements, which activists say violate their constitutional rights to >free speech and public assembly. > >If city officials decide to prohibit a particular protest, Graham ordered >Feb. 27, they now must state their reasons and give notice so he can hold >a hearing. > >Graham had signaled his concern about Miami's protest laws last month, >when he agreed they seemed to carry "serious constitutional problems." The >issue was raised in a suit by Miami Activist Defense, the National Lawyers >Guild and Southern Legal Counsel. > >Randall Marshall, legal director of the American Civil Liberties Union of >Florida, said, "It's always a good day when the right of people to express >themselves freely is upheld." > >Assistant City Attorney Warren Bittner disclosed in court papers that the >city intends to repeal the controversial "Parade and Assembly Ordinance." >The ordinance was enacted as the city geared up for demonstrations against >the Free Trade Area ef the ~mericas meetings here in November. > >The ordinance prohibits protesters from carrying props, including water >pistols, balloons, bottles and sticks, and requires a permit for public >gatherings ef seven or more people if they last more than 30 minutes. > >Graham's ruling could have an impact on about 75 pending criminal cases >resulting from the FTAA protests, said Robert W. Ross, a lawyer for Lake 1 >Worth for Global Justice. He said he expected defense lawyers to begin >filing motions to dismiss the charges over the next 10 days. > >"It throws into question the factual predicate for every arrest," Ross >said, "such as failure to disburse based on unlawful assembly language ±n >the ordinances." > > > Marian Karr From: Peter J, Hansen [pjhansen@ia,net] Sent: Monday, March 15, 2004 8:41 PM To: council@iowa-city,org Subject: Concerning the Proposed Title 10 Changes lC Council State.hr 3-16-04.d Please include the attached MSWord document in the councilor packets. Thank you. Peter Hanson 1203 Cambria COurt Iowa City, IA 52246 (3~9) 351-3375 IH) (319) 335-1313 (W) *** eSafe scanned this email for malicious content *** >~+ IMPORTANT: Do not open attachments from unrecognized senders Concerning the Proposed Title 10 Changes For years Iowa City has prided itself on its openness and its encouragement of the free and public expression of ideas. We are confident that thc citizens of Iowa City wish to cominue this tradition. (1) Last Sunday eight of us met with the purpose of trying to better understand the proposed changes to Title 10 and their implications. Quite frankly, wc often found ourselves confused regarding both thc content and intent of Title 10 and the proposed changes. If it is thc intention of the Council to clarify Title 10 and provide permit applicants with a helpful checklist, we feel that additional changes are advisable. (2) Title 10 groups together stationary demonstrations, sidewalk marches, street parades, arts festivals, and both pedestrian-mall and parking-ramp vendors. Although Title 10 is divided into chapters, there remains a lumping together of quite different events in a single chapter. Given the different issues associated with these events, we perceive a need for a different set of chapter criteria. We would suggest, for example, the following: a) Events involving speech protected by the First Amendment b) Festivals - e.g., jazz festival c) Street parades e.g., homecoming parade d) Commerce - e.g., farmers market (3) City Attorney Eleanor Dilkes' memorandum dated March 10, 2004, titled "Private Use of Public Land," already suggests four (4) changes to the proposed Title 10 changes. By itself, this memorandum documents the need for further study of this issue. (4) We ask that the City Council postpone further action on any changes to Title 10, followed by meetings between representatives of the city's legal staff and interested citizens. We thank you for this opportunity to address you. Carol deProsse Caroline Dieterle Evan Fales Robert Givens Peter Hansen Garry Klein Julie Spears Hanna Weston 11 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., iowa City, PA 52~0 (319) 356-5030 ORDINANCE NO. ORDINANCE, AMENDING TITLE 10 OF THE CITY CODE, ENTITLED" PUBLIC WAYS AND PROPERTY," TO CREATE A UNIFORM PERMITTING TO ESTABLISH REQUIREMENTS FOR THE FARMERS MARKET, TO FOR THE NONCOMMERCIAL PLACEMENT OF OBJECTS IN CITY A TEMPORARY BASIS, TO MODIFY THE PROVISION ON RESIDENTIAL CLARIFY THE CURRENT PROVISIONS REGULATING MOBILE VENDORS AND VENDORS, TO CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING VENDORS, AND TO MAKE ADDITIONAL NONS[~TANTIVE CHANGES. WHEREAS, because ther'e.,are competing uses of the including streets, City Plaza, and parks, it is necessa~J~i,r~ose time, place, and Jirements on those who seek to hold parades and public assemblies; WHEREAS, regulating the right of wa movement of pedestrians; WHEREAS, it is desirable that be the permitting process and specific criteria to guide and limit the discretion of city Ioyees charge granting or denying permits for used of City properly; WHEREAS, except for groups or ~ with the City, such as Iowa City Kickers, the use of public property should be eith, listration depending on the type of use; WHEREAS, rules regarding the ercial objects in City Plaza should be enacted; WHEREAS, City oversight of endors and mobile vendors is primarily through administrative rules which should be codified; WHEREAS, the existing provision ~resents enforcement issues; WHEREAS, the right of privacy and the Il-being and tranquility which the residents of the City should enjoy in their dwellings should )reserved; WHEREAS, the practice of focused before or about a dwelling, targeted at the occupant or occupants of such dwelling and distress to the occupant or occupants and disturbs the sense of ; and tran( individuals in their dwellings; WHEREAS, there currently is no pr ision for the re, ~la[iom,of the Farmers Market, and a registration process should be created that sets Ul~ procedure for Farmers~/vlarket vendors to register for exclusive use of a stall, to appeal the denial of~ aid use, and to provide for~[evocation of said authorization under specific conditions; and / WHEREAS, it is in the best inter.est of the City to adopt these amN~dments. NOW, THEREFORE, BE IT ORC)AINED BY THE CITY COUNCIL ~F THE CITY OF CITY, IOWA: SECTION I. AME~DMENT~S..? 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 emended by adding the following~ new definitions: AFFILIATED GROUP: ~ 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 Cit~ of Iowa City including, but not limited to organize/d youth soccer, boys' baseball, and girls' softl~311; and b) has executed a memorandum of understanding with the City for the use of public prope~y. APPLICANT: A per~on who applies for a parade/public assembly p~rmit as provided in this Chapter. PARADE/PUBLIC .~SSEMBLY PERMIT: Written authorization by the ~ity for use of public property, including ttie'--public right of way, as provided in this Chapter. PARK: Any park or playground owned or controlled by the City, including streets, trails, and roadways therein. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Ordinance No. Page 2 PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons on the public right of way or one-hundred (100) persods in a park -for a common purpose as a result of prior planning that interferes with the normal flo~ or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. / PUBLIC SIDEWALK: The improved portion of public right of way dedicate¢' to and/or intended primarily for pedestrian~'use. Title 10,,, entitled "Use of'~ublic Ways and Property," Chapter 1, entitled/"Parades and Public Assemblies, Section 1, entitle~ "Definitions ,,a, nd Exemptions," Subsection A,/entitled "Definitions," is hereby amended by repealing the'~lefinitions of Parade" and "Public Way" and s~stituting in their place the following new definitions: \ PARADE: A march or proc'~ssion of more than twenty-five (25) per, ns, vehicles or other forms of transportation, such as bi~cles, or combination thereof, in or up,.~n the public right of way or in a park that necessitates or re~,ults in the exclusion, in whole or in ,~art, of use of the public right of way or the park by others. PUBLIC RIGHT OF WAY: The ~t, rea on or below a public road/Way, highway, street, bicycle lane, alley, and public sidewalk whid~ is designed for vehicula,¢, bicycle or pedestrian travel and dedicated to public use, including I~ity Plaza as defined in Ti~e 10,Chapter 5 of this Code Title 10. entitled "Use of Public Way~ and Property," Cha,~ter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definition) and Exemptions,"/Subsection A, entitled "Definitions" is hereby amended by repealing the definiti, ~s of "demonst{i~tion','"picket," "protestor," and "public entertainment" in their entirety. Title 10, entitled "Use of Public Ways Property,, Chapter 1, entitled "Parades and Public Assemblies," Section 1, entitled "Definitions Exemptions," Subsection B, entitled "Exemptions," is hereby amended by deleting Subsection and substituting in its place the following: B. Exemptions: The following s Chapter: 1. Funeral processions. 2. A gathering of an affiliated ! thereof. 3. Students going to and from school or participating in educational activities, provided that such conduct is under the ' direction and supervision of the proper school authorities. 4. Spontaneous events occasioned by, news affairs coming into public knowledge within three (3) days of such public assembly ~de provided that the organizer thereof gives written notice to the City at least twent 124) hours prior to such parade or public assembly. Title 10, entitled "Use of Public Waysi and Property, pter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit i~'nd Compliance J/red," is hereby amended by deleting Section 2 in its entirety and substituting in it,~ place the following: A. It shall be unlawful for any perso~ or group of persons engage in, present, conduct or stage a parade or public assembly without first having obtainE a parade/public assembly permit as / provided in this Chapter. B. No person shall knowingly ~articipate in or conduct a arade or public assembly unless a parade/public assembly permit has been obtained. C. All parades and public assemblies shall be conducted in with the provisions of the parade/public assembly p~?mit and shall be in com , all applicable State and local laws. No person shall knowingly fail to comply with the terms conditions of a parade/public assembly permit. D. No person shall unreaSOnably hamper, obstruct, impede, or any parade or public assembly or with any/person, vehicle or animal part/c/pat/nc, used in any parade or public assembly. Title 10. entitled "Use Public Ways and Property," Chapter "Parades and Public Assemblies," Section 3, e~tled "Application for Permit," is hereby by deleting Section 3 in its entirety and substituting in its place the following: A. Filing Application: 1. An application for a parade/public assembly permit shall be file~ 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 sh be filed at least three (3) working days in advance of the date of the requested 3. Applications ~ on forms prepared ~gnee. B. Application Form: The a shall contain the following information: 1. Name and applicant. 2. An gned by a natural person that he she has authority over the parade or 3. The ~at is planned, namely parade, or 31y. 4. Proposed location rlocations. 5. Expected size of ( p. 6. Date, of the use. 7. Names and of the persons to be in charge of proposed use at the specified location. 8. List and description mechanical or electronic equi ;nt to be used, including sound amplification. 9. Number and type of any or other form 3ortation to be used, including bicycles. 10. ype of any ar ~als to be used. 11. Proposal to including the of any person not employed by the City who will be responsible for ting up, cleani up, or maintaining order and whether the police department will be I to assist in ~g order. 12. Proposal for cleanup. 13. An agreement in which the appli "ee to: pay on behalf of the City all shall be obligated to pay by reason of any liability imposed upon the city for ges of any kind resulting from use of public property and the public right of way, ,stained by any person or person, caused by accident or otherwise and shall defend at it expense and on behalf of the City any claim against the City arising out of the use of ~ and the public right of way. 14. Insurance is required in the amount necessary to minimize risk of harm to persons and property based of the event, as determined by the City's Risk Manager. The insurar ~ay be waived if applicant demonstrates inability to obtain insurance or to I: r the 15. Any other information tha ~ee finds necessary. Title 10, entitled "Use of PuL Ways and Pro Chapter 1, entitled "Parades and Public Assemblies," Section 4, entitled or Denial of Perr ' is hereby amended by deleting Section 4 in its entirety and substituting in its following: A. Standards for Issuan( of Permit: The Man; or designee shall grant or deny the application for a in writing, ordinary mail or personally delivered to the applicant and the reasons therefore within s (7) working days of the application being filed, and the day prior to the event the application is timely filed. The City Manag or designee shall examine the and shall grant a permit if the following conditi 1. The use not unreasonably interfere with the safety, security, convenience and tran( the residents or inhabitants of the area ight of the date and time of said propose use. 2. The public right of way can accommodate the 3 or use, based both on group size a on health and sanitation facilities, whether avail; r to be provided by applicant. 3. The use or activity is compatible with the normal the proposed public righ at the requested time or date. 4. Th~ the means, pl~ i,ing and coordination to hold th event, considering the time of day, location, public facilities available, traffic 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 7. The use will not require the excessive diversion of police from other duties or substantially interfere with the City's firefighting operations. 8. The use does not create undue health or safety hazards 9. All applicable paid. 10. The , is fully completed and executed. 11. The indemnifi, agreement has been signed. 12. A certificate ~surance showing compliance with this section has been pi 13. The~ )ntains no material falsehood or misrepresentation. 14. The applicant is competent to contract and to sue and be sued. 15. The applicant ha lot damaged City property, and if the applicant has damage has been paid in full, and all other outstanding and unpaid debts 16. The use or ~ ended by the applicant is not prohibited 17. The applicant up costs, if any, within thirty (30) da: of invoice as the result of a previousl ~ued permit. 18. Additional police ~n, if required under this chapter, h~ d. B. Contents and Conditions The permit shall contain th~ information: 1. Name, address, and tele ~one number of permittee. 2. Time, date and place activity. 3. If a parade, the route area. 4. Number of monitors personnel required public right of way. 5. Such other information the City or designee finds necessary for the enforcement of this Chapter. Title 10, entitled "Use of Public W~ and Chapter 1, entitled "Parades and Public Assemblies," Section 5, entitled "Appeals larding Is or Denial of Permit," is hereby amended by deleting Section 5 in , and g: A. Any party aggrieved nee's decision to grant or deny a permit under this Chapter may appeal the d, to the City Council if, within five (5) working days after the decision, the party files a written n~ of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no ~an its next regularly scheduled meeting, assuming the appeal is filed in time to allow noti¢ in accordance with Chapter 21 of the Iowa Code. B. Upon such hearing, the City maX, based upon the standards enumerated herein, reverse, affirm or modify in ~' regard the\City Manager's or designee's decision. The City Council's decision is the fina/Yd ~ion. Title 10;, entitled "Use of Pu,blic 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 pla~e the following: The City Manager or de~gnee, or the City Council I( issued following an appeal, may revoke a parade/public assembly perr);fit if: A. it is determined thc the permittee has misstated any~naterial fact in the application, B. there is a substcFntial and material variance between',,{he information in the application and the actual facts or Hose facts which appear reasonably to ~ve occurred, C. when it is de~rm!ned by the Chief of Police or_ the Fire'~hief that, by reason of disaster, public calamity, rio~or other emergency, the public safety requir~ such revocation, D. the permit.~e's insurance has been cancelled, or E. the perrr~tee is operating in violation of the terms and cond~ions of the permit or local, state, or federal)/aw. A permit hCder may appeal the revocation in the same manner as ~pealing the issuance or denial of a permit. / ,, Title 10;,/entitled Use of Public Ways and Property," Chapter 1,'~ntitled "Parades and Public Assemblies, i~ 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 set by resolution of City Council. Title 10, entitled Ways and Property," Chapter 1, entit!ed "Parades and Public Assemblies by adding a new Section 9, entitled "Police "as follows: A. The Chief of Poll or designee shall determine whether and to what additional police or security ~ is reasonably necessary for the parade or , for traffic control and ~: The Chief of Police or designee shall base this Sion on the size, location, duration, date of the event, the number of streets and blocked, and the need to detour or 'eempt citizen travel and use of the public speech content of the event shall n be a factor in determining the amount of protection necessary. If possible, without of ordinary police services or of public safety, regularly schedul~ ~rsonnel will police the event. If additional or security protection for the parade or is deemed necessary by the of Police or designee, the applicant shall be s~ The applicant shall have the, ' to secure the police or security protection deemed by the Chief of Police or inee at the sole expense of the applicant. B. Persons engaging in public assemblies condL for the sole purpose of public issue speech protected under First Amendment are not to pay for any police protection provided by the City. Title 10, entitled "Use of Ways and Property 1, entitled "Parades and Public Assemblies," is hereby amended b' Jing a new Section 1 "Penalties," as follows: Any violation of be considered lie misdemeanor or municipal infraction as provided for in Title 1, Chapter of this Code. Title 10, entitled "Use of Publi, ; and Chapter 2, entitled "Public Demonstrations," is hereby amended by changing the title of ~g." Title 10, entitled "Use of Public Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby an by adding the following new definitions: PICKETER: A person who engages with or without signs or placards. PICKETING: The practice of stan, marching, congregating, protesting, demonstrating, or patrolling by one or more perso~ the purpose of persuading, discussing, educating, advocating, or informing another r persons or for the purpose of protesting some action, attitude, policy, or belief. It does ~ social, random, or other everyday communication. PRIVATE RESIDENCE: A sine or multi-family dwelling. PUBLIC RIGHT OF WAY: Th~ Iow a public roadway, highway, street, bicycle lane, alley, and public sidewalk is desi for vehicular, bicycle or pedestrian travel and dedicated to public use, inc City defined in Title 10 Chapter 5. PUBLIC SIDEWALK: The portion ~ublic right of way dedicated to and/or intended primarily for pedestrian RESIDENTIAL PI Picketing that focused, or targeted at a particular private residence and that ta ~lace directly in front ~e particular private residence or the private residences on either targeted private lence. RESIDEN' All Zones defined in Title hapter 6, Article D of this Code. Title 10, entitled Public Ways and Property," 2, entitled "Public Demonstrations," Section 1, entitled "Defir is hereby amended by deletin definitions of "demonstration," "picket," "protester," and ' their entirety. Title 10, entitled ,~se of Public ways and Property," Ch~ 2, entitled "Public Demonstrations," Section 2, entitled "L~e of Streets and Sidewalks for Picketing, and Demonstrating," is hereby amended by chan,g_~g,,the title of Section 2 to "Use of Sidewalks for Title 10, entitl~d."Use of Public Ways and Property," Chapt~ entitled "Public Demonstrations," Section 2, entitle~t "Use of Streets and Sidewalks for Pi~ ting and Demonstrating," is hereby amended by de!Sing Section 2 in its entirety and substituting in its he following: A. No pi.c~eting except as authorized by a parade/public ~ly l ermit issued under Title 10, Chap}er 1 of the Code, shall be conducted on that portion d,f t[e streets used primarily for vehi~'~lar or bicycle traffic. B. Intecference with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct free passage of any pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or egress to any business or public facility. Ordinance No. Page 6 Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations," Section 3 entitled "Prohibited Acts and Conditions," is hereby amended by deleting Section 3 in its entirety, by substituting in its place the following, and by entitling the new Section 3 as "Residential Picketing": A. It shall be unlawful for any person to engage in residential picketing. B. Nothing herein shall prohibit: 1)The residential picketing of a residence which is used as the occupant's sole pi 9ss; 2) The residential picketing of a s a public meeting; 3) group of persons from marchinc particular private residence group of persons from marchin route without stopping at any ticular private residence. C. Before a person m ~ be cited for violation of this provision, the ordered to move, disperse, or, r the violation by either a I person with authority to control t e use of the private residence which is ~et of the residential picketing. Title 10, entitled "Use Ways and Property," 2, entitled "Public Demonstrations," Section 4 entitled "Adv Notice of Proposed Picketinc g or Demonstrating," is hereby amended by deleting Section 4 ~d substituting in its A. Police officers to disperse person,, ~ whenever such picketing is in violation of this Cha and poses a threat to safety or orderly flow of traffic. B. It shall be unlawful for an )erse or move on when so directed by a police officer as herein provided. Title 10, entitled "Use of Publi Ways and Chapter 2, entitled "Public Demonstrations," Section 5 entitled "Duty to ; Directed is hereby amended by deleting Section 5 in its entirety. Title 10, entitled "Use of Public Property," Chapter 2, entitled "Public Demonstrations," Section 6 entitled "Obstruction "is.hereby amended by deleting Section 6 in its entirety. Title 10, entitled "Use of Public and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitior ' is hereby amended by adding the following new definitions: APPLICANT: A person who a for a permit as provided in this Chapter. MOBILE VENDING LOCAT appropriate area to operate a mobile vending cart as determined and assigned Manager, or designee, in writing within the boundaries of city plaza and the 100 ,locks of Iowa Avenue for the operation of mobile vending carts. Each mobile vendi carry with it the authorization to operate at one or two (2) designated locations. MOBILE VENDOR Pi Written a~ by the City for use of public property, including public right of way, I mobile vendor ,rovided in this Chapter. PERSON: Any or corporate an, business association or other business entity including, but not to, a partnership, p, a political subdivision, a public or private agency ~ any kind, a utility, or or assignee of any of the foregoing, or any other legal entity. SE OF SIDEWALK P ritten authorization by the City for use of sidewalk as provided Title 10, entitl "Use of Public Ways and Pro Chapter 3, entitled "Commercial Use of Sidewalks," Secti 1, entitled "Definitions," deal by deleting the definition of "public right of way" and in its place the following new PUBLI, ~)F WAY: The area on or below a Jblic roadway, highway, street, bicycle lane, alley, ~ublic sidewalk which is designed for ~hicular, bicycle or pedestrian travel and dedi( including City Plaza as defin~ Title 10, Chapter 5 of the Code. Title entitled "Use of Public Ways and Property," 3, entitled "Commercial Use of Sidewalks Section 2, entitled "Use of Public Sidewalks is hereby amended by deleting Section 2 its entirety and substituting in its place the following: ; of public sidewalks for any commercial sidewalk cafes, shall be unlawful pecifically provided herein or as s Titl~ 10, entitled "Use of Public Ways and Property," entitled "Commercial Use of Side (s," Section 4, entitled "Number of Permits; Use Limitations; g Side-walk Cafes and Mobile g Carts," is hereby amended by deleting Section 4 in its eni'irety, by substituting in its place the following, and by entitling new Section 4 as "Temporary Use of Sidewalk Permits": The City Manager or designee is authorized to issue no more than two Temporary Use of Sidewalk Permits per calendar year to businesses or business organizations for any commercial Ordinance No. Page 7 purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory vendors, and mobile vending carts. Temporary Use of Sidewalk Permits shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than three (3) days for any one permit. A.Application for Permit. 1. Filing an Application. a. An applicatio~ a Temporary Use of Sidewalk Permit shall filed with the City Manager or d( any person or group of persons desiring use the public right of way as provi¢ Chapter. If the applicant is not a natun ,erson, the application shall identify a~atural person who has authority to act for the )licant with regard to the temporary use b. All applications ;hall be received five (5) days before c. Applications sh~ I be made on forms prepared by the City or designee. 2. Application Form. The application form ~all contain the following a. Name, address, ~hone b. An acknowled( to be signed by a natural that he or she has authority over the permitted use o sidewalk. c. Name and address, applicant's business. d. Days and hours of r, uested use. e. Description of use. e. An ag~ )licant shall to: pay on behalf of the ' all City shall be obligated to pay by reason of any liability imposed the city of any kind resulting from use of public property and the public ht of way, person or person, caused by accident or otherwise at its own expense and on behalf of the City any claim against the Cit~ of the use of public property and the public right of way. f. Insurance as required in a amount necessary to minimize risk of harm to persons or property the nature and size of the event, as determined by the City's Risk Manager. ~nsurance requirement may be waived if applicant demonstrates inability t, nsurance or to pay the cost of insurance. g. Any other information 1 Manager or designee finds necessary. B. Issuance or 1. Standards for Permit. City Manager or designee shall grant or deny the application for Use of Permit in writing, which shall be mailed by ordinary mail or , delivered he applicant, and state the reasons therefore within seven (7) working of the )p~can~n being filed. The City Manager or designee shall examine the appl, j( an( shall issue slid permit if the following conditions are met: a. The applica?t' os(,d use will not ~trnpede the free flow of pedestrian traffic along the public right/of' in or out of adjacent properties. b. All applic,¢ble I have been paid. \ c. The ap.p~cation is fully completed and exb~cuted. d. The ind'~mnification agreement has been ~gned. e. A ce~icate of insurance showing compliance with this section has been provided. f. The ~pplication contains no material falsehood or misrepresentation. g. The/applicant is legally competent to contract~and to sue and be sued. h. Th/~ applicant has not damaged City property,\and if the applicant has, the damage has b~fen paid in full, and has paid all other outstanding and unpaid debts to the City. i. ~o permit has already been issued for the same ~me and place. j. /q-he use does not conflict with previously planning',programs organized and conducted by A/!he.City and previously scheduled for the some time and place. 2. C~ntents and Conditions of Permit. The permit shall contain the following information: ,A. Name, telephone number, and address of permitted. (b. Time, date and place of the permitted activity. c. The permitted 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 may appeal the determination to the City Council if, within five (5) working day the party files a written notice of appeal with the City Clerk. In such event, a held by the City Council no later than its next regularly scheduled meeting, assumin is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Upon such hearing, the City Council m~y, based upon the standards enumerated herein ;verse, affirm or modify in any regard t~e City Manager's or designee's decision. The ncil's decision is the final decision. / D. The sale signment of a temporary use of sidew~k permit is expressly prohibited. E. Revocation of Permit. ~e City Manager or designee, or th~ City Council if issued following an appeal, may revoke a / 1. It is determined by Chief of Police or the Fire by reason of disaster, public calamity, riot or other the I uires such revocation is necessary to protect health d welfare 2. The permitee has ' material fact ~lication 3. There is a substantial material variance the information in the application and the actual facts ( which appea~ , to have occurred. 4. The permitee is operating of the permit. 5. The permitee is operating in terms of the permit or local, state, or federal law. 6. The permitee's insuranc, A permit holder may appeal the in the same manner as appealing the issuing or denying of a permit. F. Fees. Fees for permits shall be set resolution of City Council. Title 10, entitled "Use of Public nd Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by is hereby amended by deleting Section 5 in its entirety and substituting in its place the f A. Application for Permit 1. Filing an Application. a. An application for ~ be filed with the City Manager or designee by any person to use the public right of way as provided in this Chapter. If ~licant is not natural person, the applicant shall identify a natural person who s authority to act the applicant with regard to the mobile vending operation. b. All peru ; must be received by January 31 of the calendar the permit will be issued. c. Applicat shall be made on forms by the City Manager or designee. 2. General Pr a. No m than five (5) permits shall be each calendar year for the City Plaza and no n {2) permits shall be calendar year for the 100, 200, and of Iowa Avenue. b. N, alcoholic beverages shall be o for sale. c. minimum, mobile vendors shall operate Jring the following hours from May 1 to 1: (1) 11:00 a.m. to 2:00 p.m. on Mon( ~ through Saturday; (2) 5:00 p.m. to 8:00 ~.m. on Thursday through Saturday; and (3) tl~-ee (3) additional hours each day on 'vlonday through Wednesday as selected by the pe~mitee. 3. ication Form ~ application form shall contain the following informati6~: ~. Name, address, and telephone number of the applicant. An acknowledgement to be signed by a natural person'~hat he or she has authority over the permitted use of the sidewalk. c. List of past permits issued. d. Description of food and/or beverage product to be sold. e. Requested location or locations of operation. f. Electrical appliances to be used. g. Fuel needed to power equipment. h. Hours of operation. Ordinance No. Page 9 i. Months of operation. j. Location of overnight cart storage. k. Description of cart including its dimensions. I. The three (3) additional hours the permitee has selected to operate on Mondays through Wednesdays. m. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind r~sulting from use of public property and the(public right of way, whether sustained by an~, person or person, caused by accident or ~herwise and shall defend at its own expens~e and on behalf of the City any claim against the City arising out of the use of public pr~'perty and the public right of way. ~ ~ n. Acknowledgment\ that the applicant has contacted t~le Johnson County Health Department and h~s reviewed health code requirements./' o. Insurance is requl[ed in a reasonable amount necessary to minimize risk of harm to persons and property based on the intended use, ~ determined by the City's Risk Manager. \ / p. Any other informatio~ that the City Manager or desi~ee finds necessary. B. Issuance or Denial of Permit \ ~ Standards. The City Manager~or designee shall grant or feny the application for a mobile vendor permit in writing within a reason~91e time, which shall mailed by ordinary mail or personally delivered to the applicant, and r than sixty (60) calendar days after the application being filed. The ~ of time which is ~nable shall be determined by the type of use requested, the information is filed, and the extent of advance preparation and planning and reasona uired. The City Manager or designee shall issue a permit if the following conditior have been 1. A mobile vending location is not interfere the free movement within the emergency/service lane. 2. The applicant's proposed will not impede the free flow of pedestrian traffic along the F ' in or out of adjacent properties. 3. The applicant agrees to operate applicant's business only at assigned mobile vending locations. 4. The dimensions of the ~ ding cart shall not exceed a size of four feet (4') wide by nine feet (9') long by eigh gh. 5. The applicant has the mobile vending cart off the city plaza or public right of way. 6. The applicant has obta d all permits required by the county department of health. 7. All applicable fees hz paid. 8. The application is )leted and 9. The 10. A certificate of ins 'anceshowin been provided. 11. The application ~ no material falsehood c misrepresentation. 12. The applicant not damaged City property, if the applicant has, the damage has been paid in and the applicant has paid all er outstanding and unpaid debts to the City. 13. The a has complied with applicable laws c( the sale or offering for sale of 14. The use, , intended by the applicant is not ited by law. 15. No othel permit has been issued for subs i?tially the same food or beverage Contents and "titions of Permit: The permit shall contain the following information: 1. telephone number, and address. 2. date and place of the permitted activity. 3. mobile vending location. 4. other information that the City Manager or designee finds necessary for the enforcement of this Chapter. C. Appeals Ordinance No. Page 10 Any party aggrieved by the City Manager's or designee's decision to grant or deny a mobile vending permit may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. D. The sale, transfer, or as~signment 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 rdpbile vending permit if: ~ 1. It is determined by"l~',he Chief of Police or the Fire Chief that reason of disaster, public [y, emergency, the public revocation. 2. The ~y material fact in the applicati 3. There is a and material variance between the in the application and the actual facts ~ facts which appear reasonabl' ~ccurred. 4. The permitee is c a mobile vending cart of the terms of the permit. 5. The has been cancelled. 6. The permittee violates a ,administrative rules. A permittee may appeal the in the same r ~ppealing the issuance or denial of a permit. F. Fees. Fees for mobile vendin by resolution of City Council. G. Administrative Rules. The Manager is to establish administrative rules not inconsistent with any ordinance , carry out t )rovisions of this Chapter. A copy of said rules shall be on file with the Cit Title 10, entitled "Use of Public Chapter 4, entitled "Posting Bills" is hereby amended by changing the title of cha Bills" to "Posting Handbills." Title 10, entitled "Use of Public Ways Chapter 4, entitled "Posting Bills," Section 1, entitled "Definitions," is hereby amended ng the following new definitions: COMMERCIAL HANDBILL: or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any tinted or otherwise reproduced original or copies of any matter or literature: (1)which any merchandise, product, commodity, or thing (2) which directs attention to s~ or mercantile or commercial establishment, or other activity, for the purpose of ei~ y or~ndirectly promoting the interests thereof by sales; (3) which directs attention to o~ ; any~meeting, theatrical performance, exhibition, or event of any kind, or (4) which, while containinOtreading matter other than advertising matter, is predominantly and esse/tially an advertisement, and is distributed or circulated for advertising purposes, or for the)Crivate benefit and ga~ of any person so engaged as advertiser or distributor. / ~ NONCOMMERCIAL/HANDBILL: Any printed or v~ritten matter that is not a newspaper. PERSON: Any ~tural or corporate person, b~siness association or other business entity including, but not.,~mited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency ~ any kind, a utility, a successor or a~signee of any of the foregoing, or any other legal entity. ~ ~ ,, Title 10, entitled .~Jse of Public Ways and Property," Ch~oter 4, entitled "Posting Bills, Section 1, entitled "Definitions ~ is hereby amended by deleting the defin~ion of "billposters and distributors" in its entirety. -- ~ , Title 10, enti I "Use of Public Ways and Property," Chapt~.r 4, entitled "Posting Bills,' Section 2, entitled "Manner Distribution Generally; Unlawful Distributions ~ Public Ways," is hereby amended by deleting its entirety and substituting in its place the follow,g: of commercial handbills and noncommercial handbills shall be made in such a manr not to create a public nuisance. Title 10, "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," is hereby amended by adding as new Section 3, entitled "Posting of Handbill Prohibited," as follows: In the right-of-way or on public land, no person shall post, stick, stamp, paint or otherwise affix, or cause the same to be done by any person, any commercial handbill or noncommercial handbill calculated to attract the attention of the public, upon any right-of-way or any lamp post, electric light, telephone pole, bulletin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon Ordinance No. Page 11 the columns, trusses, girders, railings, gates or other public part of any public bridge or viaduct, or other public structure or building, or upon any pole, box or fixture of the fire alarm except as may be authorized or required by law. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 3, entitled "Billboard Maintenan Jirements" and Section 4, entitled "Penalties", are hereby amended by renumbering Section 3 as ~ renumbering Section 4 as Section 5 respectively. Title 10, entitled "Use Public Ways and Property," Chapter 5, entitled "Ci Plaza," Section 1, entitled "Purpose and Intent," ~ hereby amended by adding new Subsections E and ~llows: E. Supporting economic by allowing vendors to sell their goods in Ci ~za. F. Ensuring safe moveme : of pedestrians in City Plaza. Title 10, entitled "Use of blic Ways and Property," Chapter 5, "City Plaza," Section 2, entitled "Definitions," by adding the following new defini~ AMBULATORY ~ERMIT: Written authorization by th , for use of public property, including public ri§ by an ambulatory vendor as in this Chapter. APPLICANT: A person )lies for a permit as ARTS AND CRAFTS: An that is assembled, or produced in final form for sale or display by ~ not by machine. ARTS AND CRAFTS VENDO A person selling or /lng arts and crafts in Zones 1, 2, and 3. MOBILE VENDOR PERMIT: authorization f the City for use of public property, including public right of way, by in Chapter 3. NEWSPAPER: Any newspaper eneral cir( ,n as defined by general law, any newspaper duly entered with the U.S. ~nce with federal statute or regulation, and any newspaper filed ~ g officer as provided by general law. And, in addition thereto, shall mean and incl ~, periodical or current magazine regularly published with not less than four issues id sold to the public. PERSON: Any natural or business association or other business entity including, but not limited to, a a sole proprietorship, a political subdivision, a public or private agency of any kind, a util 'ghee of any of the foregoing, or any other legal entity. PUBLIC RIGHT OF WAY: area on below a public roadway, highway, street, cartway, bicycle lane, alley, and sidewalk is designed for vehicular, bicycle or pedestrian travel and dedicated to pu c use, including ity Plaza. ZONE 1: The ten-foot, the private property lines in City Plaza. Zone 1 extends the length of , Plaza of the Plaza. Zone 1 is illustrated on the City Plaza Map that is in the City Clerk, which can be amended, from time to time, by resolution, uncil. ZONE 2: The lanes in , City Plaza adjoining Zone 1 on each side, the landsc~ the areas with street furniture and other areas as specified on the City ,ne 2 is illustrated on the City Map that is kept on file in the office of the Cit5 be amended, from by resolution of the City Council. emergency/service lane in CJI Zone 3 is illustrated on the City Plaza Map that is ke~ on file in the office of the City Clerk, be amended, from time to time, by resolutio,a' of the City Council. Title 10, er~tled "Use of Public Ways and Property," tpter 5, entitled "City Plaza," Section 2, entitled "Defin~ons," is hereby amended by deleting the def and "kiosk" and by substitutin.~ in their place the following new definitions: AMBULATORY VENDOR: A person selling goods or ices while moving through Zones 1, 2 a~ 3 and operating without the use of a mobile vendir ~rt and with a minimum of equipment s~ch as a person selling balloons and a portrait artist. KIOSK: A small, public-owned structure that is stationary that contains newspaper vending units. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by deleting the definitions of "mobile vending cart" and "mobile vendor" in their entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 3, entitled "Description of Mall Zones," is hereby amended by deleting Section 3 in its entirety. Ordinance No. Page 12 Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 4, entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its entirety and by substituting the following new section in its place and renumbering it Section 3: A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended within city plaza ur located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure in a bicycle rack. B. Nonmotorized No person shall travel upon or operated a vehicle within the city plaza, for a persons with disabilities using a vehicle des by person with disabilities. Title 10, entitled "Use ~blic Ways and Property," Chapter 5, entitled Section 5, entitled "Motor Vehicle Re is hereby amended by deleting Section 5 entirety and by substituting the following in its place and renumbering it Section 4: No person shall operate a ~, except emergency vehicles, with the limits of city plaza ,~ city manager or designee: A. Any business located on which does not otherwise abut a Iht of way other than city plaza may be granted :inuous motor vehicle authorization showing that such is necessary to provide for the to or from the bu Such authorization shall allow the vehicle within the active loading unloading. B. Any person may be g~ uthorization upon a showin ~lacement or operation of a motor vehicle upon city I specified, limited perle time is necessary for delivery or other legitimate purpose. Title 10, entitled "Use of Public ~ys Property," Ch~ entitled "City Plaza," Section 6, entitled "Removal of Snow and Ice Buildi~ is hereby amended by deleting Section 6 in its entirety and by substitutir its place and renumbering it Section 5: Removal of accumulations of snow and/or 1 of city plaza resulting from building runoff shall be the responsibility of the Title 10, entitled "Use of Public Ways and Chapter 5, entitled "City Plaza," Section 7, entitled "Animals Restricted," is hereby amended by ~leting Section 7 in its entirety and by substituting the following new section in its place and renumbering 6: No person shall take, accompany or all( ~nimal into city plaza except as permitted in Title 8, Chapter 4, Section 12 of the Code. ion shall not apply to an animal trained to assist persons with disabilities or an anim~ Jrely confined within an animal carrier, kennel, cage, or crate and does not create ~. Title 10, entitled "Use of Public and Chapter 5, entitled "City Plaza," Section 8, entitled "Use of City Plaza," is by 8 in its entirety and by substituting the following new section in its place and it Section A. Private Uses Authorized in 1. Zone 1: a. Ambulatory Vend Permits, Arts and Crafts ~ndor Permits, Sidewalk Cafb Permits, ' Permits. b. Building exten., in the sole of the city council, such extensions enhance the c ~laza. c. Landscaping the or designee. d. Display win the permis,~ Manager or designee e. Buildin extensions, I of the extension is the same as the ' with the permission of the City Mar or designee. 2. Zone 2: a. Permits sued under either this chapter or Chapter 1. b. with the permission of the City Manager or designee. 3. Zone 3: a. Ambulatory Vendor Permits. B. Modification Of Plaza Landscaping: City Plaza landscaping may be modified or removed to a limited extent if the net effect enhances the ambience of the City Plaza and if approved by the City Manager or designee. In such cases, the person must agree to restore the City Plaza landscaping to its original condition and provide a bond or escrow account in an amount determined by the City Manager or designee. Ordinance No. Page 13 C. Days and Hours of Operation: Buildings extended onto the City Plaza are be open at least during normal retail business hours, Monday through Saturday, througho year. Mobile vendors shall operate durin proscribed in this chapter. D. The City Manager or desi may: 1. Require a amount of insurance coverage for any use the City Plaza not inconsistent with othE provisions of this Title to minimize the risk to persons and property when the or event being sponsored on City creates a higher than usual risk of Cit, ic liability exposure f or event or due to the expected numl 2. Waive the insurance Jirements for events or activities the State, the University of or other governmental entities enter into an agreement to the City Attorney to hold harmless the City, its officers, agents and empl~ from and against all damages, losses and expenses in any manner r~ Jlting from or arising out of ' or event covered by the permit or to accept full for safe event and to defend the City, its officers, agents and err with regard thereto. E. Newspaper Vending Units in Ki, 1. Newspapers may utilize the g ur sks. 2. Upon the filing of an application a newspaper [y Manager or designee and upon payment of an annual ~ fee, payab 1 of each year and set by City Council resolution, the City 3ble one kiosk. Each newspaper may utilize only one unit unless th, not exceed the available kiosk units. 3. If the number of applications available kiosk units, the City will handle the applications on a lottery basis, to be c cted by the City Manager or designee prior to April '1 of each year. After completion of th, if needed, the City Manager or designee shall provide written notice of the Iotter to the requesting newspapers. The selected newspapers shall pay the annual rative fee to the City Manager or designee. 4. The newspaper which pays the and is assigned a space may not affix a logo or sign to its assigned unit. 5. Nothing in this subsection limit or interfere with alternative methods of distribution Jut the city, as permitted by federal law. F. Placement of Noncommercial al ects. 1. No person shall place free-standin ~oncommercial object in City Plaza without authorization issued by ~ignee. 2. To obtain authorizati the person shall the City Manager or designee of the proposed duration placement, the location of the object, and the physical dimensions of the e ect. 3. Upon receipt of sL information, the City Man; er or designee shall promptly authorize the display for a of thidy (30) days in any unless the City Manager or designee finds said object will impede the ;Iow of pedestrian traffic at the proposed location. If Manager or designee said object will impede the flow of at the proposed location, then City Manager or designee shall deny the authorizatior ~g. 4. Any party by the City Manager's or de ]nee's decision to grant or deny such the determination ~ Council if, within five (5) working days after the party files a written notice of a the City Clerk. In such event, a hearir shall be held by the City Council no ~ its next regularly scheduled meeting, assumi the appeal is filed in time to allow notice of in accordance with Chapter 21 of Iowa Code. Upon such hearing, the City ~cil may, based upon the standards reverse, affirm or modify in any the City Manager's or designee's , Council's decision is the final decision. 5. No,,persc shall place any free-standing commercial o1~ r~ City Plaza. Title 10, en'tltled "Use of Public Ways and Property," Chapter entitled "City Plaza," Section 9, entitled "City Use Permits," is hereby amended by deleting Section 9 its entirety, by substituting the following new section in its place, renumbering it Section 8, and by entitlir new Section 8 as "Uses of City Plaza": A. Mobile Vendors: The requirements for mobile vendors in City PI~za 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 , any person or group of persons desiring to use the public right of way as provided in Chapter. If the applicant is not a natural person, the applicant shall identify a person who has authority to act for the.~applicant with regard to the ~eration. (2) All must be received at least five (5) days by before the (3) Apl: prepared by the ~ ty Manager or designee. b. Application Form The application fort ;hall contain the following informatior (1) Name, address ~nd telephone number of the a (2) An to be signed by a natur, that he or she has the authority ambulatory ven, (3) List of past (4) Product to be sold. (5) Hours of operation. (6) Months of operation (6) An agreement ir the applicant s to: pay on behalf of 3ity all sum~ City shall be obligated to pay by reason of any liabili~ reposed the , for damages of any kind resulting from use of public whether sustained by any person or person, or otherwise and shall defend at its own expense and on beh City any claim against the City arising out of the use of public property an le public right of way. (7) Acknowledgment that ~licant has contacted the Johnson County Health Department and has rev d health code requirements. (8) Fee. (9) Insurance is amount necessary to minimize risk of harm to persons or he nature and size of the event, as determined by the City's Risk ThE nsurance requirement may be waived if applicant demonstrates , to obtain ~surance or to pay the cost of insurance. (10) Any other ~ation that the C ' Manager or designee finds necessary. 2. Issuance or Denial of I Standards. The or shall grant or deny the application for the ambulatory vendor a time, which shall be mailed by ordinary mail or personal ~licant the reasons therefore no later than sixty (60) working days of ~lication being filed, length of time which is reasonable shall be determined of use requested, the ir supplied, the time the application is filed, and of advance preparation; nd planning demonstrated and reasonably required. Th City Manager or designee shal an ambulatory vendor permit if the been or will be met. a. The )lication is received at least five (5) days before the proposed start of r)s. b.. The ~plicant will operate without the use of a n ile vending cart and with a minimum of )ment. c. applicant's proposed mode of operation will n'~ impede the free flow of pedestrian along the city plaza right of way, nor shaft it interfere with such pedestrian ~ or out of retail establishments fronting on the plaza. d. ~licant will conduct the vending completely within the boundaries of city plaza. e. has obtained all necessary permits required by the county department of 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 Cit m. The applicant has complied with applicable laws concerning the sale or for sale of any p. Such other that the City Manager or designee finds for the enforcement of this ( hapter. Contents and Conditions of permit shall contain the followir a. Name, tele[ . and address of permittee. b. Time, date and ! the permitted activity. c. Such other that the City Manager or desi necessary for the enforcement of thi ance. 3. Appeals Any party aggrieved b Manager's or designee's d( to issue or deny a permit under this Chapter may to the City within ten (10) working days after the decision, the files a written notice of )eal with the City Clerk. In such event, a hearing shall be held b~ le City Council at its next regularly scheduled meeting, assuming the appeal is in time of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the Cil may, the standards enumerated herein, reverse, affirm or modify in any the City or designee's decision. The City Council's decision is the final decision. 4. The sale, transfer, or assignment vendor permit for city plaza is expressly prohibited 5. Revocation of Permit. The City Manager or designee, or Cil ;ouncil if issued following an appeal, is authorized to revoke an ambulatory vendor permit s Chapter whenever: a. The permit has failed to compl! ~rovisions of this Chapter b. The permitted activity to pedestrian use of the City Plaza or a nuisance or violates of any or regulation involving the permitted event c. It is necessary to protect ~ as determined by the Police Chief or designee or Fire Chief or desi d. The in the application e. There is a substanti~/and material between the information in the application and the actual facts,Or those facts which ap have occurred f. The permitee is opiating in violation of the ditions of the permit or g. The permitee's ir~urance has been cancell~ A permittee may ap'peal the revocation in the le manner as appealing the issuance or denial of a permit. / 6. Fees. Fees for a/tnbulatory vendor permits shall b( ~t by resolution of the City Council. C. Permanent And T?~porary Structures: The City or designee, upon approval of city council, may enter/into an agreement for the sale of public right of way in the city plaza for the construction of an addition to an existing the temporary or seasonal use of zone 1 by th~"owner or operator of abutting property, lease or sale shall only be entered into after careful consideration and assurance that the conditions have been or will be met: 1. Building,Design: a. Addftions to buildings shall be harmonious in and design with permanent ne~hboring structures and with the City Plaza. ' b. ,l~!erials shall be suitable for the style and design of buildings in which they are used. c. ~aterials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: (1) Harmony with adjoining buildings. (2) Relationship to the brick and wood theme of City Plaza. (3) Materials shall be of durable quality. Ordinance No. Page 16 e. Building components, such as windows, doors, eaves and parapets, shall have good propodions and relationship to one another. f. Colors shall be sE ~armony and/or ability to complement the color scheme of the City Plaza. g. Mechanical equi)ment or other utility hardware on roof, ground ~uildings shall be screened from p~ ~blic view with materials harmonious with the so as not to ~ible from any public ways. h. Exterior lighting hall be part of the architectural concept, standards and all exposed es shall be harmonious with building design. 2. Signs: a~ All signs shall b~ ~art of the architectural concept. Size, location and arrangement shall ,~ harmonious with the building design and be compatible with signs on adjoining ildings. b. Materials used in ; shall have good architectural and be harmonious with building design ~ materials used in the City Plaza. c. Every sign shall in scale and in proportion, an~riate visual relationship to buildings and surround d. Colors shall be used h~ and with restraint, ightness and brilliant colors shall be avoide shall be harmoni~ with the design. If external spot lighting is used, ~rranged so that the lic is shielded from view. 3. Additional Criteria: a. The Design Review Comm from time formulate additional design criteria for the review of construction to this Chapter. Such criteria shall become effective when d by the ' resolution. b. No building permit for the any temporary structure or any building extension to be this Chapter shall be issued until plans for said construction have been Design Review Committee and approved by the City Council. The Design ;ommittee shall, within thirty (30) calendar days of receipt of said plans, review ans and advise approval, approval with conditions or disapproval in a written to the City Council and the applicant. City Council approval of the require a majority of votes cast at any meeting at which a quorum 4. Illumination: Nighttime interi of all building fronts and basement extensions, display window extension is required during hours of operation. 5. Construction, to be paid by the permittee, including costs of damage or repair to the construction. Title 10, entitled "Use of Ways and Pro 5, entitled "City Plaza," Section 10, entitled "Permit Application Pr~ is am< ~ded by deleting Section 10 in its entirety and substituting in its I: new Section "Penalties": Any violation of this Ch shall be considered a nple misdemeanor or municipal infraction as provided for in Title 1, Code. Title 10, entitled Public Ways and Pro 5, entitled "City Plaza," is hereby amended 9, ~les" as follows: The City Mar is authorized to establish listrative rules not inconsistent with any ordinance to out the provisions of this Chapter. copy of said rules shall be on file with the City Clerk. Title 10, 'Use of Public Ways and Property," 5, entitled "City Plaza," Section 11, entitled "Fees," , amended by deleting Section 11 Title 10, "Use of Public Ways and Properly," 5, entitled "City Plaza," Section 12, entitled "Termir and Revocation of Permits and Leases," ~ amended by deleting Section 12 in its entirety. Title 10, "Use of Public Ways and Property," 9, entitled "Parks and Recreation Reg~ Section 1, entitled "Definitions," f amended the following new definitions: APPLICANT: A person who applies PERSON: Any natural or corporate person, business 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 coud, 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 common purpose as a result of prior planning that interferes with the normal flow or regul of pedestrian or vehicular traffic on the right of way or in a park or occupies in the public right of way or in a park. PUBLIC below a ~ street, bicycle lane, alley, and public which is designed for vehicular, bicycle pedestrian travel and dedicated to public use. SPONSORING AGENCY: organization or group, )f whether it is legally constituted, and including limited to corporations and pa on whose behalf a natural person ~lication for a park permit. TRAIL: A way or place, controlled by the ( as owner of the real property, used for persons walking, skateboarding, in line or bicycling or motorized devices designed for and used ,ersons with disabilities. Title 10, entitled "Use of Public and Property," Chal 9, entitled "Parks and Recreation Regulations," Section 1, "is hereby by deleting the definitions of "parade" and "park, public park" and substituting the lowing new defin PARADE: A march or procession of lore than persons, vehicles or other forms of transportation, such as ~n~ in or upon the public right of way or in a park that necessitates or in the in whole or in part, of use of the public right of way, including a park by others shall not be deemed to be included in this definition and shall PARK, PUBLIC PARK: Any park I owned or controlled by the City, including streets, trails, and roadways therein. Title 10, entitled "Use of Public Ways an~ 'ropedy," Chapter 9, entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions ' amended by deleting the definition of "public entertainment" in its entirety. Title 10, entitled "Use of Public perty," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibi Parks and Playgrounds," is hereby amended by deleting Section 2 in its entirety and g: In any park no person shall: A. Damage To Property, Anim TreesAnd Pla Materials: 1. Pick or destroy any · run upon any flower beds. 2. Break or tear any lira or branches from an tree. 3. Throw objects or y animal or b I or molest any animal or bird in any way. 4. Tear down, mutil~e, destroy or carry sign constructed under the authority of the City Council or t~'e Parks and Recreation ~ent. 5. Tear down, mu~late, destroy or burn any buildi , shelter equipment, picnic table, grill, or any personal prol:~rty owned by the City B. Motor Vehicles .,~d Traffic: ~ 1. Park any y/ehicle in any area where parking is ~ libited by posted signs. 2. Drive any//vehicle within any park, except Jpon E designated streets, driveways and parking areas o~'such parks, except motorized devices lesigned for and used by persons with disabili~es. 3. Drive,ny vehicle within any park at a speed ~ of fifteen (15) miles per hour, unless otherwise posted. 4. Driv~ any vehicle in the wrong direction upon any on, street within a park. C. Weapons: Carry firearms or weapons into any park. D. Anima.~: 1. B/ring, cause or permit any pet to enter into any park lless such animal is on a leash or ~:;onfined either a vehicle or in a cage, kennel, cra' ~, or, ~ie '. 2. Ride any horse in any park except upon streets and trailS~ and then only if the horse-rider provides for the immediate disposal of solid waste material excreted by any animal. 3. This provision shall not apply to an animal trained to assist persons with disabilities or to a person issued a permit as authorized in section 8-4-12. E. Fires: Build or aid and abet the building of any fire in any park, except in stoves or fireplaces designated for such purposes. Ordinance No. Page 18 F. Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any park. G. Practice Golf: Practice golf in any park. H. Unauthorized Use ( gs: Occupy any shelter or building or recreation area which has been reserved by through the provisions of this Chapter or install any unauthorized reserved sign in any shelter, ~uilding or recreation area. I. Hours: 1. Except as for specified parks herein, occupy any. park, whether on foot or in a vehicle, any vehicle to remain parked in any park ~etween the hours of ten thirty o'clock (10:30) 4- and six o'clock (6:00) A.M. unless granted special authorization by the City. X 2. From April 15 to ~ ;t~)er 31, the hours shall be from eleven o cl~)ck (11:00) P.M. to six o'clock (6:00) A.M. in Cit Pa, r~,and Mercer Park. 3. Occupy, whether on fo(~ or in a vehicle, or permit any vehicle lo remain parked from dusk to dawn at the following pat : Waterworks Prairie Park, PeninsCa Park, Hickory Hill Park, and Ryerson's Woods Park. )usk means thirty (30) minutes a,~'ter the time designated each calendar day as "sunset" dawn means thirty (30) mintc/tes before the time designated each calendar day as "s* by the United States N/aval Observatory for Iowa City, Johnson County, Iowa. designations can be,,accessed via the internet at <http://aa.usno.navy.mil> J. Bicycles And Nonmotorized Vehi~ 1. No person shall travel upon a bicycle vehicle within Chauncey Swan Park 2. Persons may travel upon or bicycles nonmotorized vehicles in all other City parks except where posted as and the extent the nonmotorized vehicles are used in a safe manner so as ' ' property. 3. This provision shall not apply to disabilities using a nonmotorized device designed for a person with disabilities Title 10, entitled "Use of Public Ways Chapter 9, entitled "Parks and Recreation Regulations," Section 3, entitled "Traffic and Parkir "is hereby amended by deleting Section 3 in its entirety and substituting in its place the fl A. Duties Of Director: The Director is and directed to: 1) designate streets and drives for use within the parks; 2 areas for the parks; and 3) prohibit, regulate or limit stopping, standing or parki~ on the streets, driveways and parking areas in the parks at all times or during sI hours. Director shall also cause signs to be posted designating streets, drives an areas prohibiting, regulating or limiting stopping, standing or parking in the B. Vehicle Owner Prima Facie I Violati ,ns: If any vehicle is found stopped, standing or parked in any manner vic of the provisions this Chapter and the identity of the operator cannot be determined, th~ a rebuttable presurr that the owner is responsible for such violation. Title 10, entitled "Use of Ways and Property," 9, entitled "Parks and Recreation Regulations," Section "Facility Permit," is hereb, by deleting Section 4 in its entirety and substituting in its place I g: A. Permit Required: be unlawful for any person or )up of persons to use any park or the facilities of plying with the r of Title 10 Chapter 1 including first having obtained ~ublic assembly permit if a B. Secured No person or sponsoring agency shall shelter without obtaining the of the Director or designee. C. or sponsoring agency may reserve by completing a filing an applicat ~e Director on a form prepared b) Title 10, "Use of Public Ways and Property," Chapter 9, ,ntitled "Parks and Recreation Regulations," 5, entitled "Fees for Use of City Park and Rec'reation Areas and Facilities," Subsection B ¢ amended by deleting Subsection B in its entirety and substituting in its place the following: B. Red tion or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or L_fees for use of park facilities or equipment for affiliate groups or oroanizations_ prov d n public r~creational theg opportunities and which are under the sponsorship or c~o-sponsorsl~ip of 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: DEFINI. I.I~IONS: As used in this Chapter, the following definitions shall apply: DIRECTOR: TI~ Director of City Parks and Recreation Department. FARMERS MAI~KET: An open-air market sponsored by the City in the Chauncey Swan parking ramp that is inte~ded to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county, and state health and safety provisions~including state department of agricultu regulations. FARMERS MARI~ET VENDOR: Person who is authoriz~ lunder this chapter to occupy a stall and to sell items in',~he Farmers Market. PERSON: A natural'~erson. SEASON VENDOR: )~ Farmers Market Vendor who is aL orized by the City to occupy a stall for the entire season. STALL: A space desigr~ted by the Director in the Farm~ ; Market that a Farmers Market Vendor is authorized to occupy ir), ~)rder to sell items consistent ~' ' of this chapter. 10-11-2: A. Authorization No person shall · for sale any item at the Farmers Market without authoriz n the Director or desi B. Obtaining order to receive a~ a person shall register with the Director at least one in advance of market date on a form prepared by the Director. C. Reg ontain the following information: 1. Name Farmers Market Vendor. 2. Agreement to indemnifl 10-11-3: STANDARDS FOR AUTHORIZATION The Director or designee shall exami~ istration 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 hE lers Market authorization revoked in the last year. D. If there are not sufficient stalls apply for a stall, a Season Vendor from the previous calendar year sh. ority over a person who was not a Season Vendor from the previous calendar' 10-11-4: APPEALS A. Any part: of ,irector to grant or deny authorization under this Section may appeal ten (10) days of the date of the decision by filing a written notice of appeal Cil B. The hearing shall be City who may reverse, affirm or modify, in any regard, the determi~ of the Director upon the standards enumerated herein. The Cit is the final, : the City. 10-11-5: ON A. Authorizati~ bythe Director if: 1. The Farmers Ma has misstated in an' acts on the registration form 2. There is a variance between the information the registration form and the facts reasonabl, by the Director, 3. When, of disaster, public calamity, riot or as determined by the Director, Ci Manager, Fire Chief, or Chief of Police, le safety of the public requires 4. The Market Vendor is operating in violation of the terms and conditions of the auth B. A may a revocation of authorization in the same manner as appealing the denial of provided in this chapter. 10-11-5 RULES The Di authorized to establish administrative rules. A copy of said rules shall be on file with ~ Clerk. 10-1 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 Titl~: 1, Chapter 4 of this Code. SECTION II. REPEALI All ordinances and parts of ordinances in conflict with the provision of this Ordinance are ded. SECTION III. FOR VIOLATION. The violation of any provision of this,.Ordinance is a municipal infraction or a s~m e misdemeanor. " SECTION IV. LITY. If any section, provision or part of the Ordinancec/shall be adjudged to ~udication shall not affect the validity of the Ordnance as a whole or any section, provision or l adjudged invalid or unconstitutional. SECTION IV. This Ordinance shall be in effect after its ~nal passage, approval and publication, as provided / Passed and approved this __ ,2004. ,~ MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office sue/OrdRes/PUPL Ord.doc Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and roll call there were: AYES: NAYS: ABSEI Bailey Champion Elliott Lehman O'Donnell Van Wilburn First Consideration. 2/17/04 Voteforpassage: AYES: Bai Cham Elliott, 0'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: L man. Second Consideration 3/2/04 Voteforpassage:AYES: Bai don, Elliott, Lehman, 0'Donnell, Vanderhoef, Wilburn. None. ABSENT: None. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE 3F THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND TO CREATE A UNIFORM PERMITTING PROCESS ESTABLISH REQ FOR THE FARMERS MARKET, TO FOR THE OBJECTS IN CITY PLAZA ON A TO 3ROVlSlON ON RESIDENTIAL PICKETING, TO CL CURRENT PROVISIONS ;ULATING MOBILE VENDORS AND AMBI VENDORS, TO CODIFY RULES AFFECTING AND TO MAKE ADDITIONAL IBSTANTIVE CHANGES. WHEREAS, because peting uses of the r including streets, City Plaza, and parks, it is , impose time, place, and manner uirements on those who seek to hold parades and i: WHEREAS, of way ensures th( pedestrians; WHEREAS, it is hat there be uniformity in g process and specific criteria to guide and limit the discretion 'ged or denying permits for uses of City property; WHEREAS, except for with the City, such as Iowa City Kickers, the use of public property istration depending on the type of use; WHEREAS, rules ength and noncommercial objects and structures in City Plaza should be enacted; WHEREAS, City oversight of vendors and mobile vendors is primarily through administrative rules which should be WHEREAS, the existing provision on picketing presents enforcement issues; WHEREAS, the right of privacy and feeling of well-being and tranquility which the residents of the City should enjoy in their dwellings she WHEREAS, the practice of focu~ ..ntial picketing before or about a dwelling, targeted at the occupant or occupants of emotional disturbances and distress to the occupant or occupants and disturbs the sense ~joyed by individuals in their dwellings; WHEREAS, there currently the regulation of the Farmers Market, and a registration process should be created tha up a e for Farmers Market vendors to register for exclusive use of a stall, to appeal the said use, to provide for revocation of said authorization under specific conditions; and WHEREAS, it is est of the City t, NOW, THEREFORE ITY COUNCIL OF THE CITY OF CITY, IOWA: SECTI( Title 10, entitled of Public Ways and Pro Chapter 1, entitled "Parades and Public Assemblies," Sectio entitled "Definitions and Subsection A, entitled "Definitions," is hereby amende( the following new definitions: AFFILIAT GROUP: A group of persons or in sports and/or recreation that a) is affi with and either sponsored by the City of Iowa City including, but not lin' organized youth soccer, boys' and girls' softball; and b) has executed a mem Jnderstanding with the City for the of public property. A person who applies for a ic assembly permit as provided in this Ch ASSEMBLY PERMIT: Written authorization by the City for use of public property, including the public right of way, as provided in this Chapter. PARK: Any park or playground owned or controlled by the City, including streets, trails, and roadways therein. PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity. Ordinance No. Page 2 PUBLIC ASSEMBLY: Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons on the public right of way or one-hundred (100) persons in a park -for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and/or intended primarily for pedestrian use. Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades ar~ Public Assemblies," Section 1, entitled ~'Definitions and Exemptions," Subsection A, entitled "Defi~ is hereby amended by repealing of "Parade" and "Public Way" and substituting place the following new definitions: PARADE: A march or more than twenty-five (25) persons, vehicles forms of transportation, such as or combination thereof, in or upon the public or in a park that neces~ in the exclusion, in whole or in part, of use public right of way or the park by others. PUBLIC RIGHT OF WAY: area on or below a public roadway, bicycle lane, alley, and public sidewalk is designed for vehicular, pedestrian travel and dedicated to public use, g City Plaza as defined in Title 5 of this Code Title 10, entitled "Use of Public and Property," Chapter "Parades and Public Assemblies," Section 1, entitled and Exemptions," A, entitled "Definitions" is hereby amended by repealing the nitions of "demonstration "protestor," and "public entertainment" in their entirety. Title 10, entitled "Use of Public and Properly," 1, entitled "Parades and Public Assemblies," Section 1, entitled and Exemption,~ B, entitled "Exemptions," is hereby amended by deleting Subsection B ir and ~ in its place the following: B. Exemptions: The following are exen Chapter: 1. Funeral processions. 2. A gathering of an affiliated group hereof. 3. Spontaneous events or affairs coming into public knowledge within three (3) days of such public or parade provided that the organizer thereof gives written notice to the City at (24) hours prior to such parade or public assembly. Title 10, entitled "Use of Public Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Perm mpliance Required," is hereby amended by deleting Section 2 in its entirety and substituting ~ following: A. It shall be unlawful for of persons to engage in, present, conduct or stage a parade or public assembl first zing obtained a parade/public assembly permit as provided in this Chapter. B. No person shall participate in conduct a parade or public assembly unless a parade/public assem~ been C. All parades and assemblies shall be in accordance with the provisions of the npliance with all applicable State and local laws. No person shal fail to comply :he terms and conditions of a parade/public assembl, D. No person unreasonably hamper, obstruct, ir~oede, or interfere with any parade or public assembly c any person, vehicle or animal participating or used in any parade or public assembl, Title 10, "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," 3, entitled "Application for Permit," is hereby amended by deleting Section 3 in its entiret, in its place the following: A. Fili~ 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 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. Ordinance No. Page 3 3. Applications shall be made on forms prepared by the City Manager or designee. B. Application Form: The application form shall contain the following information: 1. Name and address of the applicant. 2. An acknowledgement to be signed by a natural person that he or she has uthority over the parade or public 3. The is planned, namely parade, or public assembly. 4. Proposed location or 5. Expected size of c 6. Date, time )fthe use. 7. Names and of the persons to be in charge at the specified location. 8. List and description mechanical or electronic equipment to used, including sound am plification. 9. Number and type of an~ motor vehicles or other forms of to be used, including bicycles. 10. Number and type of any ~ imals to be used. 11. Proposal to monitor the ~nt, including the names not employed by the City who will be responsible setting up, cleaning up, order and whether the police de maintai~ order. 12. Proposal for cleanup. 13. Except if the parade or publi~ is held on a public sidewalk, an agreement in which the applicant shall ~ Io: pay on behalf of the City all s~ ~s which the shall be obligated to pay by reason of any liability imposed upon the kind resulting from use of public property and the public right of way, by any person or person, caused by accident or otherwise and shall defend at and on behalf of the City any claim against the City arising out of the use of ~ and the public right of way. 14. Except if the parade or bly is held entirely on a public sidewalk, insurance is required in the reasonable necessary to minimize risk of harm to persons and property based on the nature size of the event, as determined by the City's Risk Manager. The insurance req nt may be waived if applicant demonstrates inability to obtain insurance or to insurance. 15. Any ghee finds necessary. Title 10, entitled "Use of Property," Chapter 1, entitled "Parades and Public Assemblies," Section 4, entitled "lss of Permit," is hereby amended by deleting Section 4 in its entirety and substituting A. Standards for Issuance Permit: The ity Manager or designee shall grant or deny the application for a writing, be mailed by ordinary mail or personally delivered to the applicant and the reasons re within seven (7) working days of the application being filed, and no than the day prior the event assuming the application is timely filed. The City Manage designee shall examir the application and shall grant a permit if the following conditi, 1. unreasonably interfere the privacy, safety, security, convenience and tran~ residents or inhabitants the area in light of the date and time of said 2. The right of ' can ~odate the group or use, based both on group size; acilities available or to be provided by applicant. 3. use or activity is compatible , the normal activity of the proposed public , at the requested time or date. 4. ~lication demonstrates the applicant means, planning and coordination to hold proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. 5. The event will not interfere with either another event for which a permit has already been granted or an event organized and conducted by the City for the same date and time 6.The use will not substantially interrupt the flow of street and/or pedestrian traffic. Ordinance No. Page 4 7. The use will not require the excessive diversion of police from other duties or substantially 8. The use does not create health or safety hazards 9. All apl paid. 10. The ap~ 11. The indemnification ~ ~ent has been signed, if applicable. 12. A certificate of ' showing compliance with this section has provided, if applicable. 13. The application contains naterial falsehood or misrepresentation. 14. The applicant is legally coml to contract and to sue and be sued. 15. The applicant has not and if the applicant has, has been paid in full, and has paid all ~ ~g and unpaid debts to the 16. The use or activity intended the applicant is not prohibited 17. The applicant up if any, within thirty (30) days result of a 18. Additional police protection, uired under this B. Contents and Conditions of Permit: permit shall contain the 1 information: 1. Name, address, and telephone n of permittee. 2. Time, date and place of the activity. 3. If a parade, the route and staging 4. Number of monitors or policing of the public right of way. 5. Such other information that the .3ity designee finds necessary for the enforcement of this Chapter. Title 10, entitled "Use of Public ~ys ar Chapter 1, entitled "Parades and Public Assemblies," Section 5, , or Denial of Permit," is hereby amended by deleting Section 5 in its entirety and substituting in , the following: A. Any party aggrieved by the City Manager's, nee's decision to grant or deny a permit under this Chapter may appeal the determination Council if, within five (5) working days after the decision, the party files a written ~ppeal with the City Clerk. In such event, a hearing shall be held by the City Council no next regularly scheduled meeting, assuming the appeal is filed in time to allow notice in accordance with Chapter 21 of the Iowa Code. B. Upon such hearing, the City may, upon the standards enumerated herein, reverse, affirm or modify in an the Manager's or designee's decision. The City Council's decision is the final ( ,'~s~on. Title 10, entitled "Use of Publi~ and Chapter 1, entitled "Parades and Public Assemblies," Section 6, entitled "F of Permit," , amended by deleting Section 6 in its entirety and substituting in following: The City Manager or desi or the City Council if sued following an appeal, may revoke a parade/public assembly permit A. it is determined that I misstated any n the application, B. there is and material variance between ~r~e information in the application and the actu~ I fi ~cts ,vhich appear reasonably to ha~e occurred, C. when it is by the Chief of Police or the Fire <~hief that, by reason of disaster, public calamity, riot o~ 9mergency, the public safety require~ such revocation, D. the permittee~ ~ce has been cancelled, or \ E. the permitte~h ting in violation of the terms and conditions of the permit or local, state, or federal law/,' \ A permit holde./may appeal the revocation in the same manner a~appealing the issuance or denial of a permit. ~ \ Title 10, er')/itled "Use of Public Ways and Property," Chapter\l, entitled "Parades and Public Assemblies," i~'hereby amended by adding a new Section 7, entitled ",~ale or Assignment of Permit," as follows: / The sale, trans-- fer, or assignment of a permit is prohibitecL Title 10, entitled "Use of Public Ways and Property," Chapter 1,~entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 8, entitled "Fees, "as follows: Fees for permits shall be set by resolution of City Council. Ordinance No. Page 5 Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection, A. The Chief of Police or designee shall determine whether and to what extent additi~ security protection is reasonably necessary for the parade or public assembly for control and public safety. The Chief of Police or designee shall base this decision on the ~ , location, duration, time and da the event, the number of streets and intersections and the need to detour citizen travel and use of the public right of way. The content of the event shall not a factor in determining the amount of police necessary. If possible, without dj.~ of ordinary police services or compromise of regularly scheduled on-dut~ will police the event. If additional police protection for the parade or public is deemed necessary by the Chief or designee, the applicant shall be so i The applicant shall have the dut, the police or security protection deemed by the Chief of Police or desi~ the sole expense of the applicant. B. Persons engaging in pa~ the sole purpose of public issue speech protected First Amendment are not to pay for any police protection provided by the City. Title 10, entitled "Use of Pu Ways and Property," 1, entitled "Parades and Public Assemblies," is hereby amended by; a new Section 10, I ' ' a t~es, as follows Any violation of this Chapter .~ sidered a 'nunicipal infraction as provided for in Title 1, Cha . of this Code. Title 10, entitled "Use of Public and Chapter 2, entitled "Public Demonstrations," is hereby amended by changing the title of Title 10, entitled "Use of Public Chapter 2, entitled "Public Demonstrations," Section 1, entitled "Definitions," is hereby g the following new definitions: PICKETER: A person who with or without signs or placards. PICKETING: The practice of star g, marching, congregating, protesting, demonstrating, or patrolling by one or more for the purpose of persuading, discussing, educating, advocating, or informing another or persons or for the purpose of protesting some action, attitude, policy, or belief. It does de social, random, or other everyday communication. PRIVATE RESIDENCE: ,lex, or multi-family dwelling. PUBLIC RIGHT OF WAY: ' onbelow a public roadway, highway, street, bicycle lane, alley, and public sidewall is ned for vehicular, bicycle or pedestrian travel and dedicated to public use, ir Cil as defined in Title 10 Chapter 5. PUBLIC SIDEWALK: portior right of way dedicated to and/or intended primarily for pedestriar RESIDENTIAL PICKI FING: Picketing that i irected, focused, or targeted at a particular private residence and that place directly in of the particular private residence or the private residences on side of the targeted RESID All Zones defined in 7 4, Chapter 6, Article D of this Code. Title 10, entitled of Public Ways and Pro Chapter 2, entitled "Public Demonstrations," Section 1, entitled "D, is hereby amended by ng the definitions of "demonstration," "picket," "protester," and "pub their entirety. Title 10, "Use of Public Ways and Property," hapter 2, entitled "Public Demonstrations," Section 2, entitled :J Sidewalks for Picketir Protesting and Demonstrating," is hereby amended ~ the title of Section 2 to "Use of SidewalkPicketing." Title 10, "Use of Public Ways and Property," 2, entitled "Public Demonstrations," Section 2, enti of Streets and Sidewalks for Picketing, g and Demonstrating" is hereby amended I Section 2 in its entirety and subst tuting in its p~lace the following: A. No I except as authorized by a parade/public assembly permit issued under Title 10, 1 of the Code, shall be conducted on that portion of the streets used primarily for ;ular or bicycle traffic. B. with Traffic, Businesses and Public Facilities: Picketers shall not block or obstruct ~y pedestrian, vehicular traffic, or bicycle traffic or interfere with ingress or egress to any business or public facility. 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 'Res'dent'al P~cketing": Ordinance No. Page 6 A. It shall be unlawful for any person to engage in residential picketing. B. Nothing herein shall prohibit: 1) The residential picketing of a residence which is used as the occupant's sole place of business; 2) The residential picketing of a private residence used as a public meeting; 3) A person or group of persons from marching without stopping at a particular private residence; or 4) A person or group of persons from marching on a defined route without stopping at any padicular 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 PuL and Property," Chapter 2, entitled "Public Demonstrati, Section 4 entitled "Advanced ice of Proposed Picketing, Protesting or Demonstrating," amended by deleting ~ubstituting in its place the following: A. Police officers a to disperse persons who are picketing whenever si picketing is in violation of this Chapter ~ to public health, safety or orderly B. It shall be unlawful for an, to refuse to disperse or move on when ' a police officer as herein provided. Title 10, entitled "Use of Public and Property," Chapter 2, entitle Demonstrations," Section 5 entitled "Duty to Disperse by Police," t deleting Section 5 in its entirety. Title 10, entitled "Use of Public and Property," Chapter itled "Public Demonstrations," Section 6 entitled "Obstruction ¢ hereby amended Section 6 in its entirety. Title 10, entitled "Use of Public and Property," 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions is hereb3 the following new definitions: APPLICANT: A person who appli{ a this Chapter. MOBILE VENDING LOCATION: to operate a mobile vending cart as determined and assigned by the Git in writing within the boundaries of city plaza and the 100, 200, and 300 Avenue for the operation of mobile vending carts. Each mobile vending permit she ' with it the authorization to operate at one or two (2) designated locations. MOBILE VENDOR PERMIT: Written by the City for use of public property, including public right of way, by a mobile ye I in this Chapter. PERSON: Any natural or cor. poraze business association or other business entity including, but not limited to, a/~adnership, ~rietorship, a political subdivision, a public or private agency of any kind,/a~utility, or assignee of any of the foregoing, or any other legal entity. ~." TEMPORARY USE OF,,~IDEWALK PERMI'[ ;n authorization by the City for use of sidewalk as provided in this Ct~pter. Title 10, entitled "Use/bf Public Ways and Chapter 3, entitled "Commercial Use of Sidewalks," Section 1, entitled "Definitions," is hereby ended by deleting the definition of "public right of way" and substituting in ~ts place the following new definiti( PUBLIC RICIng' OF WAY: The area on or belo~ public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed vehicular, bicycle or pedestrian travel and dedicated,lb public use, including City PI~ led in Title 10, Chapter 5 of the Code. Title 10, ent~led "Use of Public Ways and Chapter 3, entitled "Commercial Use of Sidewalks," Section 2, entitled "Use of Public Sidewalks is hereby amended by deleting Section 2 in its entirety and substituting in its place the followir Use~of public sidewalks for any commercial purpose, sidewalk cafes, shall be unlawful exz~ept as specifically provided herein or as s ~uthorized by this chapter. Title .~0, entitled "Use of Public Ways and Property," 3, entitled "Commercial Use of Sdewa[ks, Sect on 4, entitled Number of Perm ts, Use Excluding Side-walk Cafes and Mobil~Vending Carts," is hereby amended by deleting r~ its entirety, by substituting in its place the fo{lowing, and by entitling new Section 4 as 'q'emporar~ ~ewalk Permits": The City Manager or designee is authorized to issue more than two Temporary Use of Sidewalk Permits per calendar year to .~nes, s organizations for any commercial purpose in commercially zoned districts excluding permit~,, for sidewalk cafes, ambulatory vendors, and mobile vending carts. Temporary Use of Sidewalk Permits shall be limited to the Ordinance No. Page 7 temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than three (3) days for any one permit. A.Application for Permit. 1. Filing an Application. a. An application for a Temporary Use of Sidewalk Permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right of way as in this Chapter. If the applicant is not a natural person, the applic,ation shall identify natural person who has authority to act for the a temporary us of the sidewalk. b. All a shall be received five (5) days before proposed use. c. I be made on forms prepared by the City Manager or design~ 2. Application Form. The application fora contain the following information: a. Name, address telephone number of the applicant. b. An to be signed by a natural person that he or s has authority over the permitted ~ sidewalk. c. Name and address o' pplicant's business. d. Days and hours of req~ use. e. Description of use. e. An agreement in whi applicant shall agree to: pay on behalf of the sums which the be obligated to pay by reason of any liability imposed upon for damages kind resulting from use of public property and the public way, whether su person or person, caused by accident or othenNise own expense and on behalf of the City any claim against the Cit out of th public property and the public right of way. f. Insurance as required in a necessary to minimize risk of harm to persons or property based on and size of the event, as determined by the City's Risk Manager. The requirement may be waived if applicant demonstrates inability to obtain Jrance or to pay the cost of insurance. g. Any anager or designee finds necessary. B. Issuance or Denial of Permit. 1. Standards for Issuance of City Manager or designee shall grant or deny the application for of Permit in writing, which shall be mailed by ordinary mail to and state the reasons therefore within seven (7) working da applicati filed. The City Manager or designee shall examine the applicati shall issue sa e following conditions are met: a. The use will not of pedestrian traffic along the public right c ~ or in or out of ad b. All ~ have been paid. c. The ~ pleted and d. The agreement has been igned. e. A of insurance showir ~as been provided. f. ThE material false;' g. ,licant is legally competent to : and to sue and be sued. h. applicant has not prope and if the applicant has, the damage has paid in full, and has paid all 'ling and unpaid debts to the City. No permit has alread~ ; time and place. The use does not conflict with previous m~g programs organized and conducted by / / the City and previously scheduled for the same tih~e and place. · Contents and Conditions of Permit. The permit shall contain the following information: a. Name, telephone number, and address of permittee. b. Time, date and place of the permitted activity. c. The permittee shall only offer for sale its own goods and products and shall not offer for sale any tobacco product. d. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Ordinance No. Page 8 C. Appeals. Any party aggrieved the City Manager's or designee's decision to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City is the final decision. D. The sale, transfer, or ass~ ment of a temporary use of sidewalk permit ' E. Revocation of Permit. The ;ity Manager or designee, or the City Council if issued fl I an appeal, may revoke a 1. It is determined by the ief of Police or the Fire Chief that, by reason of di~ ~ublic calamity, riot or other emE the public safety requires such revocation is 'y to protect health, safety, 2. The permitee has missta ' material fact in the application 3. There is a substantial and ce between the information in application and the actual facts ~ich appear reasonably to have, 4. The permitee is operating ion of the terms and conditions of 5. The permitee is operating terms of the permit or state, or federal law. 6. The permitee's insurance has A permit holder may appeal the in the same manr as appealing the issuing or denying of a permit. F. Fees. Fees for permits shall be set by r~ Title 10, entitled "Use of Public Ways and roperty," 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Ve~ 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 d with the City Manager or designee by any person or group of persons use the public right of way as provided in this Chapter. If the applicant the applicant shall identify a natural person who has authority to with regard to the mobile vending operation. b. All applications for mobile rT by January 31 of the calendar year for which the permit c. Ap¢ on form by the City Manager or designee. 2. General Provisions a. No more than five shall be issued calendar year for the City Plaza and no more than shall be issued year for the 100, 200, and 300 blocks of ,~. b. No tobacco es shall be offe c. At a minir mobile vendors shall operate d~ the following hours from May 1 to October 11:00 a.m. to 2:00 I: h Saturday; (2) 5:00 p.m. to 8:00 p.m. through Saturday; and (3) (3) additional hours each day on Mond h Wednesday as selected 3. Form The shall contain the following inform~ a. , address, and telephone number of the applicant. b. gement to be signed by a natural person that he or she has authority over the permitted use of the sidewalk. List of past permits issued. Description of food and/or beverage product to be sold. e. Requested location or locations of operation. f. Electrical appliances to be used. g. Fuel needed to power equipment. h. Hours of operation. i. Months of operation. j. Location of overnight cart storage. Ordinance No. Page 9 k. Description of cart including its dimensions. I. The three (3) additional hours the permitee has selected to operate on Mondays through Wednesdays. m. An agreement in which the applicant shall agree to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, by accident or otherwise and shall defend at its own expense and on behalf of City any claim against the City arising out of the use of public property and the way. n. Acknowl~ nt that the applicant has contacted the Johnson Health I has reviewed health code requirements. o. Insurance is uired in a reasonable amount necessary to ' ' of harm to persons and based on the intended use, as determined the City's Risk Manager. p. Any other inform; that the City Manager or designee finds B. Issuance or Denial of Standards. The Ci! or designee shall grant or den' for a mobile vendor permit in writing within a time, which shall be mailed y mail or personally delivered to the a the sixty (60) calendar days after the application being which is reasonat be determined by the type of use requested, the information lied, the time the a filed, and the extent of advance preparation and planning y requir The City Manager or designee shall issue a permit if the following have been met: 1. A mobile vending location movement within the emergency/service lane. 2. The applicant's proposed mc of not impede the free flow of pedestrian traffic along the public right of properties. 3. The applicant agrees to business only at assigned mobile vending locations. 4. The dimensions of the applicant's lng cart shall not exceed a size of four feet (4') wide by nine feet (9') long by eight feet, ~igh. 5. The applicant has adequate ' the mobile vending cart off the city plaza or public right of way. 6. The applicant has obtained neces~ permits required by the county department of health. 7. All applicable fees have 8. The application is fully~ 9. 10. A certificate of insur g has been provided. 11. The application co~ no material falsehood misrepresentation. 12. The applicant ~ged City property, ~d if the applicant has, the damage has been paid in fu the applicant has paid all o~er outstanding and unpaid debts to the 13. TC~eY applicar~k complied with applicable laws co~cerning the sale or offering for sale of any goods ~r services. \ 14. The use o/activity intended by the applicant is not protfi, bited by law. 15. No othe/r/mobile vendor permit has been issued for substantially the same food or beverage produc~ Contents and C/bnditions of Permit: The permit shall contain the following information: 1. Per~tee's name, telephone number, and address. 2. Tirr~, date and place of the permitted activity. 3. Th~ 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 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 Ordinance No. Page 10 after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. D. The sale, transfer, or ~ ' ~ment of a mobile vending permit is expressly prohibited. E. Revocation of Permi! The City Manager or designee, or City Council if issued following/an appeal, may revoke a ~obile vending permit if: 1. It is determined the Chief of Police or the Fire Chief that, by reason of disaster calamity, riot or emergency, the public safety requires such revocation. 2. The permitee material fact in the application. 3. There is a substan and material variance between the information in the and the actual facts or thc ~ facts which appear reasonably to have occurred. 4. The a mobile vending cart in violation of the terms ~ permit. 5. The ~ has been cancelled. 6. The administrative rules. A permittee may in the same manner as the issuance or denial of a permit. F. Fees. Fees for mobile vendir shall be set b, Council. G. Administrative Rules. The Manager is authorized administrative rules not inconsistent with any ordinance carry out the provisior Chapter. A copy of said rules shall be on file with the City Clerk Title 10, entitled "Use of Public ~nd Property," 4, entitled "Posting Bills" is hereby amended by changing the title of ch~ "Posting g Handbills." Title 10, entitled "Use of Public Ways Property )ter 4, entitled "Posting Bills," Section 1, entitled "Definitions," is hereby new definitions: COMMERCIAL HANDBILL: Any matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other or otherwise reproduced original or copies of any matter or literature: (1) sale any merchandise, product, commodity, or thing (2) which directs attention to any ~r mercantile or commercial establishment, or other activity, for the purpose of either di promoting the interests thereof by sales; (3) which directs attention to any eeting, theatrical performance, exhibition, or event of any kind, or (4) which, wi' matter other than advertising matter, is predominantly and essentiall and is distributed or circulated for advertising purposes, or for the benefit and of any person so engaged as advertiser or distributor. NONCOMMERCIAL Any printed or ¥ not a newspaper. PERSON: Any or corporate person, ness association or other business entity including, to, a partnership, a sole I ietorship, a political subdivision, a public or private agency of; kind, a utility, a successor or as inee of any of the foregoing, or any other legal entity. Title,?O, entitled "U/e of Public Ways and Property," Ch~ 4, entitled "Posting Bills," Section 1, entitled Definitions,"/i~ hereby amended by deleting the of "billposters and distributors" in its entirety. /¢ Title 10, entitled "Use of Public Ways and Property," entitled "Posting Bills," Section 2, entitled "Manner/~f Distribution Generally; Unlawful Distrit Ways," is hereby amended by deleting Section/~ in its entirety and substituting in its place ' DistribUtion of commercial handbills and noncommercial ~dbills shall be made in such a man, er so as not to create a public nuisance. Title 10/¢ entitled "Use of Public Ways and Property," Chapter 4, ntitled "Posting Bills," is hereby amended b~/adding as new Section 3, entitled "Posting of Handbill "as follows: In the right-of-way or on public land, no person shall post, stick, np, paint or otherwise affix, or cause the same to be done by any person, any commercial han( or noncommercial handbill calculated to attract the attention of the public, upon any any lamp pest, electric light, telephone pole, bulletin board of a kiosk, railway structure, hydrant, tree or tree-box, or upon the columns, trusses, girders, railings, gates or other public part of any public bridge or viaduct, or Ordinance No. Page 11 other public structure or building, or upon any pole, box or fixture of the fire alarm except as may be authorized or required by law. Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 3, entitled "Billboard Maintenance Requirements" and Section 4, entitled "Penalties", are hereby amended by renumbering Section 3 renumbering Section 4 as Section 5 respectively. Title 10, entitled "Use of Ways and Property," Chapter 5, entitled ,," Section 1, entitled "Purpose and Intent," ; hereby amended by adding new Subsections E and E. Supporting by allowing vendors to sell their goods in City Plaza. F. Ensuring safe of pedestrians in City Plaza. Title 10, entitled "Use of ~blic Ways and Property," Chapter 5, entitled "City Section 2, entitled "Definitions," is hereby a~ ended by adding the following new definitions: PERMIT: Written authorization by the City for u,~ property, including public right by an ambulatory vendor as provided in this ¢ APPLICANT: A applies for a permit as provided in this Cha : Written authorization by the City for use including public right of way, vendor as provided in Chapter 3. NEWSPAPER: Any news of general circulation as ~neral law, any newspaper duly entered with the U.S. Service, in accordance statute or regulation, and any newspaper filed and any recordin~ law. And, in addition thereto, shall mean include any periodical ~gazine regularly published with not less than four issues and sold to the PERSON: Any natural or person, bu., association or other business entity including, but not limited to, a ~rship, a sole subdivision, a public or private agency of any kind, a utilit assignee of any of the foregoing, or any other legal entity. PUBLIC RIGHT OF WAY: The a public roadway, highway, street, cartway, bicycle lane, alley, and public is designed for vehicular, bicycle or pedestrian travel and dedicated to public use ~ Plaza. ZONE 1: The ten-foot (10') strip dir the private property lines in City Plaza. Zone 1 extends the length of the Cit, sides of the Plaza. Zone 1 is illustrated on the City Plaza Map that is kept on the City Clerk, which can be amended, from time to time, by resolution of the City ZONE 2: The six-foot (6') iCity Plaza adjoining Zone 1 on each side, the landscaped areas, the ar with street furnil and features and other areas as specified on the City Plaza Map. Zone: ~laza Map that is kept on file in the office of the City Clerk, which e, by resolution of the City Council. ZONE 3: The eme lane in City ~. Zone 3 is illustrated on the City Plaza Map that is kept on the office of the City Clerk, ~ich can be amended, from time to time, by resolution ~ Council. Title 10, entitled of Public Ways and 5, entitled "City Plaza," Section 2, entitled hereby amended by deleting f vendor" and "kiosk" and by substituting in I following new definitions: VENDOR: A person selling goods or including arts and crafts, while movin Zones 1, 2 and 3 and operating ~ use of a mobile vending cart and with a m of equipment such as a person selling a portrait artist. KI all, public-owned structure that is stationary that contains newspaper vending entitled "Use of Public Ways and Property," ,,,entitled "City Plaza," Section 2, "Definitions," is hereby amended by deleting the definitions mobile vending cart" and "mobile in their entirety. 10, entitled "Use of Public Ways and Property," Chapter entitled "City Plaza," Section 3, entitled "Description of Mall Zones," is hereby amended by deletin! n 3 in its entirety. Title 10, entitled "Use of Public Ways and Property," Chapter 5, ,ntitled "City Plaza," Section 4, entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amE Section 4 in its entirety and by substituting the following new section in its place and g it Section 3: A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended within city plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post or structure other than a bicycle rack. Ordinance No. Page 12 B. Nonmotorized Vehicles. No person shall travel upon or operated a nonmotorized vehicle within the city plaza, except for a persons with disabilities using a vehicle designed for use by person with disabilities. Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 5, entitled "Motor Vehicle Regulations," is hereby amended by deleting Section 5 in its entirety and by substituting g in its place and renumbering it Section 4: No person shall motor vehicle, except emergency vehicles, within the limits of city plaza without authorization by the city manager or designee: A. An~ property which does not otherwise abut a public right city plaza may be gra continuous motor vehicle authorization upon a showing th~ such is necessary to provide [he delivery of goods to or from the business. Such auth shall allow the vehicle within ~ city plaza only during active loading and unloading. B. Any person may be ! such authorization upon a showing that the placement a motor vehicle upon city aza for a specified, limited period of time is necessa delivery or other legitimate purpose. Title 10, entitled "Use of Publi Ways and Property," Chapter 5, entitled Section 6, entitled "Removal of Snow and from Building Runoff," Section 6 in its entirety and bi the following new section in its place ~ renumbering it Section 5: Removal of accumulations of and/or ice in Zone 1 of cityfrom building runoff shall be the responsibilit~ property owner. Title 10, entitled "Use of Public and Property," Chapter "City Plaza," Section 7, entitled "Animals Restricted," is hereb, deletin in its entirety and by substituting the following new section in its place and r~ Section 6: No person shall take, accom allow any anim~ plaza except as permitted in Title 8, Chapter 4, Section 12 of the This ' ' not apply to an animal trained to assist persons with disabilities or an anim that is confined within an animal carrier, kennel, cage, or crate and does not create a Title 10, entitled "Use of Public Ways Chapter 5, entitled "City Plaza," Section 8, entitled "Use of City Plaza," is hereb~ Section 8 in its entirety and by substituting the following new section in its place and renumberi~ it Section 7: A. No commercial use of city plaza is al except as authorized in this Chapter. B. Private Uses Authorized in 1. Zone 1: a. Ambulatory Vendor ~nd Crafts Vendor Permits, Sidewalk Caf~ Permits, Parade/Public r Permits. b. Building where, in the judgment of the city council, such extensions enhance the ~ y plaza. c. Landscapin the City Manager or designee. d. Display wir )ns with the nission of the City Manager or designee e. Building 1 , provided the use of the extension is the same as the ~ with the permission, the City Manager or designee. 2. Zone 2: a. issued under either this chapter ~ 1. b. with the permission of the Manager or designee. c. racks. d. placement of noncommercial ob cts and structures as authorized herein. 3. Ambulatory Vendor Permits. C. Of Plaza Landscaping: City Plaza land~ may be modified or removed to a lit extent if the net effect enhances the ami of the City Plaza and if approved by the Manager or designee. In such cases, the must agree to restore the City Plaza landscaping to its original condition and provide a nd or escrow account in an amount determined by the City Manager or designee. D. Days and Hours of Operation: Buildings extended onto Plaza are to be open at least during normal retail business hours, Monday through y, throughout the year. Mobile vendors shall operate during the times proscribed in this chapter. E. The City Manager or designee may: Ordinance No. Page 13 1. Require a reasonable amount of insurance coverage for any use in the City Plaza not inconsistent with other provisions of this Title to minimize the risk of harm to persons and property when the activity or event being sponsored on City Plaza creates a higher than usual risk of City or public liability exposure due to the nature of the activity or event or the expected number of participants or spectators as determined by the City's 2. Waive the insurance requirements for events or activities sponsored by the of the State, the University of Iowa or other governmental subdivisions, provided such ~ into an agreement satisfactory to the City Attorney to protect and hold harml y, its officers, agents employees from and against all claims, lawsuits, dam; losses and expenses ' her resulting from or arising out of the activity or by the permit or to responsibility for safe activity or event and the City, its officers, agents ~loyees with regard thereto. F. Newspaper Vending Units i 1. Newspapers may utilize newspaper vending units in the kios 2. Upon the filing of an a by a newspaper with the City ~gnee and upon payment of an annual adm istrative fee, payable April 1 of set by City Council resolution, the City shall m~ e available one unit in a newspaper may utilize only one unit unless the number applications does able kiosk units. 3. If the number of ~ exceeds the units, the City will handle the applications on a Iotter ducted by City Manager or designee prior to April 1 of each year. After com r~ of the lottery, the City Manager or designee shall provide written notice of the results requesting newspapers. The selected newspapers shall pay the ~ City Manager or designee. 4. The newspaper which pays th~ fee and is assigned a space may not affix a logo or sign to its assigned unit. 5. Nothing in this subsection shall I: to limit or interfere with alternative methods of distribution available to newspape hour the city, as permitted by federal law. G. Placement of Noncommercial and ~rcial Objects and Structures. 1. No person shall place any ding noncommercial object or structure in City Plaza without authorization issued bi Manager or designee. 2. To obtain authorization, inform the City Manager or designee of the proposed duration of th~ ~ proposed location of the object or structure, and the physical dimensions of 3. Upon receipt of such the ;~V Manager or designee shall promptly authorize the display in Zone 2 onl o~ thirty (30) days in any one-year period, unless the City Manager or desi that structure will impede the flow of pedestrian traffic at the location. If the Manager or designee finds that said object or structure will im the flow of pedestri; traffic at the proposed location, then the City Manager or nee shall deny the auth ~tion in writing. 4. Any party by the City Manager's decision to grant or deny such the determination he City Council if, within five (5) working days after the party files a written of appeal with the City Clerk. In such event, a hearin~ d by the City Council no next regularly scheduled meeting, assum~ the appeal is filed in time to allow of said appeal in accordance with Chapter 21 of Iowa Code. Upon such hearing, Council may, based upon the standards enu~ herein, reverse, affirm or modify in regard the City Manager's or designee's .~ity Council's decision is the 5. place any free-standing commercial ~ ~ City Plaza. Title "Use of Public Ways and Property," 5, entitled "City Plaza," Section 9, entitled "C Use Permits," is hereby amended by deleting in its entirety, by substituting the s~ction in its place, renumbering it Section 8, and lng new Section 8 as "Uses of City Plaza": A. Mobile Vendors: The requirements for mobile vendors in Ci~ ~laza are identical to those for mobile vendors as provided in Title10, Chapter 3, Section 5 of 1 B. Ambulatory Vendors: 1. Application for Permit a. Filing Application. Ordinance No. Page 14 (1) An application for a ambulatory vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use public right of way as provided in this Chapter. If the applicant is not a natural pers the applicant shall identify a natural person who has authority to act for the appli ant with regard to the ambulatory vending operation. (2) All applications must be received at least five (5) g days by before the proposed start of operations. (3) Applications ~shall be made on forms prepared by the ~anager or designee. b. Application Form \ The application forrr~shall contain the following infor ~mation: (1) Name, address~, and telephone number of the ¢ (2) An .~nt to be signed by a natural that he or she has the authorit, of the ambulatory vendir (3) List of (4) Product to be sold. (5) Hours of operation. (6) Months of operation. (6) An agreement in which applicant shall pay on behalf all sums whiz shall be obligated to pay by reason of any liability upon city for damages of any kind resulting from use of , and the of way, whether sustained by any person or person, or otherwise and shall defend at its own expense and on ~ny claim against the City arising out of the use of (7) Acknowledgment that the has contacted the Johnson County Health Department and has reviewed ih code requirements. (8) Fee. (9) Insurance is required in a amount necessary to minimize risk of harm to persons or property based c and size of the event, as determined by the City's Risk Manager. requirement may be waived if applicant demonstrates inability to o the cost of insurance. (10) Any other information th~ or designee finds necessary. 2. Issuance or Denial of Permit Standards. The City Manager designee si grant or deny the application for the ambulator reasonable tim~ which shall be mailed by ordinary mail or personally delivered to the a stating th~ no later than sixty (60) working days of the ~ filed. The th of time which is reasonable shall be determined by the type of L uested, the supplied, the time the application is filed, and the extent of preparation and demonstrated and reasonably required. The City Man er or designee shall tn ambulatory vendor permit if the following been or will be met. a. The application is at least five (5) working'~ays before the proposed start of operations. -,. b. The a operate without the use of a mobile vending cart and with a minimum of equipment. c. The applican mode of operation will not impede the free flow of pedestrian traffic alone city plaza right of way, nor shall it interfere with such pedestrian movement ~lishments fronting on the plaza. d. The a ~g completely within the boundaries of city plaza. e. The has obtained all necessary permits required by the county department of health. f. All applicable fees have been paid in full. g. The application is fully completed and executed. h. The indemnification agreement has been signed. i. A certificate of insurance showing compliance with this section has been provided. j. The application contains no material falsehood or misrepresentation. k. The applicant is legally competent to contract and to sue and be sued. Ordinance No. Page 15 I. The applicant has not damaged City property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the City. m. The applicant has complied with applicable laws concerning the sale or offering for sale of any goods or services. p. Such other information that the City Manager or designee finds necessary for the enforcement of this Chapter. Contents and ~it. The permit shall contain the following information: a. Name, telephone and address of permittee. b. Time, date and place he permitted activity. c. Such other information that the City Manager or designee finds necessary for enforcement of this nce. 3. Appeals Any party aggrieved by the Manager's or designee's decision to issue or deny a I: under this Chapter may appeal determination to the City Council if, within ten (10) days after the decision, the party lies a written notice of appeal with the such event, a hearing shall be held b' Council no later than at its next regularl meeting, assuming the appeal is in time to allow notice of said appeal with Chapter 21 of the Iowa Code. Upon such hearing, the City may, based upon the standards herein, reverse, affirm or modify in any the City Manager's or design~ The City Council's decision is the final decision. 4. The sale, transfer, or assignment ~n ambulator' plaza is expressly prohibited 5. Revocation of Permit. The City Manager or designee, or City if issued f is authorized to revoke an ambulatory vendor permit iss under this ~ a. The permit has failed to corn of this Chapter b. The permitted activity creates an pedestrian use of the City Plaza or a nuisance or violates of any statute, regulation involving the permitted event c. It is necessary to protect health or s determined by the Police Chief or designee or Fire Chief or designee d. The permitee has misstated any pplication e. There is a substantial and the information in the application and the actual facts or those have occurred f. The permitee is operating in, of the ~rms and conditions of the permit or g. been cancell~ A permittee may appeal in the ~me manner as appealing the issuance or denial of a permit. 6. Fees. Fees for vendor permits shall b~ set by resolution of the City Council. C. Permanent And Tempor Structures: The City Mat~ager or designee, upon approval of city council, may enter into/~ Ireement for the sale or le~se of public right of way in the city plaza for the construction o~f/ar addition to an existing store f~ont or for the temporary or seasonal use of zone 1 by the o~fler ( operator of abutting property.\Said lease or sale shall only be entered into after careful/c'onsidE ation and assurance that the f(¥1owing conditions have been or will be met: / \ 1. Building,[~esign: \ a. Ad.~ftions to buildings shall be harmonious in\ scale and design with permanent neighboring structures and with the City Plaza. \ b./rvlaten~ls shall be suitable for the style and design ot~ buildings in which they are used. c/ Materials which are architecturally harmonious sha~ be used for ail building walls and / other exterior building components wholly or partly viable from public ways. 'd. Select~on of mat-- _ . _ . 'erials shall be guided by the following:', (1) Harmony with adjoining buildings. (2) Relationship to the brick and wood theme of City Plaza. (3) Materials shall be of durable quality. e. Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another. Ordinance No. Page 16 f. Colors shall be selected for their harmony and/or ability to complement the color scheme of the City Plaza. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building or s~all be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural concept. Fixtures, and all exposed accessories shall be harmonious with building design. 2. Signs: a. All signs shall part of the architectural concept. Size, color, location and arran be harmonious with the building design and si be compatible with buildings. b. Materials used in ns shall have good architectural be harmonious with building design in the City Plaza. c. Every sign in scale and in proportion, an 8 visual relationship to buildings and d. Colors shall be used h~ loniously and with restraint, brightness and brilliant colors shall be avoided, shall be the design. If external spot lighting is used, that the lig;' 3. Additional Criteria: a. The Design from time formulate additional design criteria for the review of proposed lstruction to this Chapter. Such criteria shall become effective when ado by resolution. b. No building permit for the ~f any temporary structure or any building extension to be constructed :his Chapter shall be issued until plans for said construction have been reviewed Design Review Committee and approved by the City Council. The Design Review' shall, within thirty (30) calendar days of receipt of said plans, review the and advise approval, approval with conditions or disapproval in a written report ed to the City Council and the applicant. City Council approval of the Jire a majority of votes cast at any meeting at which a quorum is present. 4. Illumination: Nighttime interior all building fronts and basement extensions, display window extensions ar uired during hours of operation. 5. to be paid by the permittee, including costs of damage or repair to the Plaza caused Title 10, entitled "Use of Public and apter 5, entitled "City Plaza," Section 10, entitled "Permit Application is hereby deleting Section 10 in its entirety and substituting in its place entitled Any violation of this be considered a simple municipal infraction as provided for in Title 1, Cha 4 of this Code. Title 10, entitled "Use of Ways and Property," Chs er 5, entitled "City Plaza," is hereby amended by adding entitled s follows: The City Manager authorized to establish rules not inconsistent with any ordin provisions of this Chapter. A co said rules shall be on file with the City Clerk. Title 10, entitled "U= of Public Ways and Property," Chapter entitled "City Plaza," Section 11, entitled "Fees," is hereb by deleting Section 11 in its entirety. Title 10, entitled ;e of Public Ways and Property," Chapter 5, ~ntitled "City Plaza," Section 12, entitled "Termination; Leases," is hereby ~ended by deleting Section 12 in its entirety. Title 10, entitle "Use of Public Ways and Property," Chapter 9, "Parks and Recreation Reg 1, entitled "Definitions," is hereby amended b, following new definitions: APPLI( A person who applies for permit as authorized in apter. PERSON: Any natural or corporate person, business or other business entity including, but not limited to, a partnership, a sole 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. PARK FACILITY: A baseball field, softball field, soccer field, tennis court, secured shelter, or unsecured shelter in a park or Riverside Festival Stage. Ordinance No. Page 17 PUBLIC ASSEMBLY Any meeting, demonstration, picket line, rally or gathering of more than twenty-five (25) persons for a common purpose as a result of prior planning that interferes with the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a park or occupies any area in the public right of way or in a park. PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use. SPONSORING AGB Any organization or group, regardless of whether it is legally and ~g but not limited to corporations and partnerships, on whose a natural makes application for a park permit. TRAIL: A way or place use of which is controlled by the City as owner of the real 'operty, used for persons walk jogging, skateboarding, in line skating, or bicycling devices designed for an, by persons with disabilities. Title 10, entitled "Use of Ways and Property," Chapter 9, entitled "Parks Recreation Regulations," Section 1, entitled litions," is hereby amended by deleting the defin of "parade" and "park, public park" following new definitions: PARADE: A march or i of more than twenty-five (25) other forms of transportation, such as , or any combination thereof, in or u ;Iht of way or in a park that suits in the exclusion, in whole or ir of use of the public right of way, including a rs Funeral processions shall not :1 to be included in this definition and shall not be a parade. PARK, PUBLIC PARK: Any park or round owned or ~ including streets, trails, and roadways therein. Title 10, entitled "Use of Public Ways Property," Cha entitled "Parks and Recreation Regulations," Section 1, entitled "Definitions," hereby amen by deleting the definition of "public entertainment" in its entirety. Title 10, entitled "Use of Public Ways and 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibite~ and Playgrounds," is hereby amended by deleting Section 2 in its entirety and substituting in its the following: In any park no person shall: A. Damage To Property, Animals, 4aterials: 1. Pick or destroy any plant materials <: un upon any flower beds. 2. Break or tear any limbs 3. Throw objects or missiles a or molest any animal or bird in any way. 4. Tear down, mutilate, carry sign constructed under the authority of the City Council or the Parks an 5. Tear down, mutilate or burn any buildin! lelter equipment, picnic table, grill, or any personal prc the City B. Motor Vehicles And Traffi, 1. Park any vehicle in parking is by posted signs. 2. Drive any vehicle ~ park, except nated streets, driveways and parking areas of such except motorized devices ned for and used by persons with disabilities. 3. Drive any within any park at a speed in excess fifteen (15) miles per hour, unless otherwise 4. Drive an the wrong direction upon any one~way~treet within a park. C. Weapons: C,~ ' firearms or weapons into any park. \ D. Animals: / ~ ~ 1. Brin.~q¢? , or permit any pet to enter into any park unles¥ such animal is on a leash or c,o. n~ned ler a vehicle or in a cage, kennel, crate or carrier.\ 2. Riee any horse in any park except upon streets and trails, a~d then on y f the horse-rider provides for the immediate disposal of solid waste material excrbted by any animal. 3. This provision shall not apply to an animal trained to assist persons with disabilities or to a person issued a permit as authorized in section 8-4-12. E. Fires: Build or aid and abet the building of any fire in any park, except in stoves or fireplaces designated for such purposes. F. Alcoholic Beverages. Possess or consume any beer or alcoholic beverages in any park. G. Practice Golf: Practice golf in any park. Ordinance No. Page 18 H. Unauthorized Use Of Buildings: Occupy any shelter or building or recreation area which has been reserved by others through the provisions of this Chapter or install any unauthorized reserved sign in any shelter, building or recreation area. I.Hours: 1. Except as provided for parks herein, occupy any park, whether on foot or a vehicle, or permit any to remain parked in any park between the hours o'clock (10:30) P.M. six o'clock (6:00) A.M. unless granted special authorization City. 2. 31, the hours shall be from eleven o'clock (11:00) P.M. to s (6:00) A.M. in City Park a Mercer Park. 3. Occupy, whether on foot in a vehicle, or permit any vehicle to remain dusk to dawn at the following Waterworks Prairie Park, Peninsula Park, Park, and Ryerson's Woods Park. means thirty (30) minutes after the tim~ lated each calendar day as "sunset" dawn means thirty (30) minutes before time designated each calendar day as by the United States Naval for Iowa City, Johnson County, Iowa. designations can be via the internet at <http://aa.usno.navy.m il>. J. Bicycles And 1. No person shall travel upon cie or nonm, vehicle within Chauncey Swan Park 2. Persons may travel upon or bicycles and vehicles in all other City parks except where posted ~ibited, and only extent the nonmotorized vehicles are used in a safe manner ' ' property. 3. This provision shall not apply to es using a nonmotorized device designed for a Title 10, entitled "Use of Public Ways and entitled "Parks and Recreation Regulations," Section 3, entitled "Traffic and Parkin hereby amended by deleting Section 3 in its entirety and substituting in its place A. Duties Of Director: The Director is herel ~thorized and directed to: 1) designate streets and drives for use within the parks; 2) desigr rking areas for the parks; and 3) prohibit, regulate or limit stopping, standing or parking, on the streets, driveways and parking areas in the parks at all times or durin¢ shall also cause signs to be posted designating streets, drives and ar prohibiting, regulating or limiting stopping, standing or parking in the parks. B. Vehicle Owner Prima Facie for Viol; If any vehicle is found stopped, standing or parked in any manner viola prows~ons f this Chapter and the identity of the operator cannot be determined, a rebuttable that the owner is responsible for such violation. Title 10, entitled "Use of Ways and Property," 9, entitled "Parks and Recreation Regulations," Section 4, Permit," is hereby ended by deleting Section 4 in its entirety and substituting in its place th A. Permit Required: It ~ be unlawful for any person or of persons to use any park or the facilities of any plying of Title 10 Chapter 1 including first having obtained a )le. B. Secur ;ponsoring shelter without obtaining Director or designee. C. Park Facility: person or sponsoring a park facility by completing a filing an; with the Director on a form prepared Title 10, "Use of Public Ways and Property," Chapter entitled "Parks and Recreation Regulations," Section 5, entitled "Fees for Use of City Park Areas and Facilities," Subsection B is hereby amended by deleting Subsection B in its and substituting in its place the following: B. Reduction or Waiver of Fees: Notwithstanding the above, the 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. Title 10, entitled "Use of Public Ways and Property," is hereby amended by adding a new Chapter 11, entitled "Farmers Market," as follows: Ordinance No. Page 19 10-11-1: DEFINITIONS: As used in this Chapter, the following definitions shall apply: DIRECTOR: The Director of City Parks and Recreation Department. FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan parking ramp that is intended to ~ for individuals to sell permitted items that are grown or produced by them, conform to all applicable city, county, and state health and safety provisions, including s ~lations. FARMERS MARKET ~ under this chapter to occupy a stall and to sell items ~ Market. '--... PERSON: A natural person. SEASON VENDOR: A Farm~ Market Vendor who ii authorized by the City to occupy a stall for the entire season. STALL: A space designated by Director in the Farmers Market that a Farmers ket Vendor is authorized to occupy in order sell items consistent with the provisions of this cha 10-11-2: REGISTRATION A. Authorization Required. No any item at the Market without authorization from )irector or designee. B. Obtaining Authorization. In receive authorization, a person register with the Director at least one (1) day advance of the market date on prepared by the Director. C. Registration Form. The registrati, ~ form shall contain th, information: 1. Name, address, and tele number of the Farm~ ,,ndor. 2. Agreement to indemnify the 10-11-3: STANDARDS FOR OR DENYING AL I'ION The Director or designee shall registration and shall grant authorization if the following conditions are met: A. All applicable fees have been paid. B. A stall is available. C. The person has not had his or her revoked in the last year. D. If there are not sufficient stalls apply for a stall, a Season Vendor from the previous calendar year shall ority over a person who was not a Season Vendor from the previous calendar year. 10-11-4: APPEALS A. Any party aggrieved Director to grant or deny authorization under this Section may appeal within lar days of the date of the decision by filing a written notice of appeal B. The hearing shall City who may reverse, affirm or modify, in any regard, the of the Director upon the standards enumerated herein. The City Manager's d is the fin City. 10-11-5: REVOCATION/OF AUTHORIZATION A. Authorization may J;~ revoked by the Director if: 1. The Farmers Manet Vendor has misstated in a~ , material facts on the registration form 2. There is a martial variance between the infor the registration form and the facts reasonably as.,C'ertained by the Director, 3. When, by re,.~son of disaster, public calamity, r other emergency, as determined by the Director, C,/ity Manager, Fire Chief, or Chief of Poll that the safety of the public requires such rev/(~cation. 4. The F.,eCmers Market Vendor is operating in viola of the terms and conditions of the auth/o'rization. B. A~e'erson may appeal a revocation of authorization 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, 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 ished by resolution of the City Council. 10-11-7: PENALTIES Ordinance No. Page 20 Any violation of this Ch/,~l~te~ shall be considered a simple misdemeanor or municipal infraction as provided for in Title 1, (~hapter 4 of this Code. SECTION II. REPEALER. ,~,11 ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. \ SECTION III. PENALTIES FQ[R VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple'~mi, SECTION IV. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such udication shall not affect the validity of the Ordinance as a whole or any section, provision or invalid or unconstitutional. ., SECTION IV. EFFi This Ordinance shall be in effect after its final ge, approval and publication, as provided b~ Passed and approved this __ day ., 2004. MAYOR ATTEST: CITY CLERK k.x~oved by City Attorney's Office sue/OrdRes/PUPL Ord.doc Prepared by: Bdan Boelk, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5141 ORDINANCE NO. 04-4115 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 I1ooding from storrnwater 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. 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 or occupying developed property in the city of Iowa City. Amount of Fee, Charge, Bond, Fine, or Penalty: One Equivalent Residential Unit (ERU) = $2.00 SECTION II. 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 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 Draina,qe: 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 properly 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 podion of the user's bill attributable to stormwater management services. Such rates and charges shall be in the amounts set fodh in the schedule of fees, Title 3, Chapter 4 of this Code. SECTION II1. That Title 14, Chapter 3, City Utilities, Adicle G of the Code of Ordinances of the City of Iowa City, Iowa is hereby amended by adding the following Section 14-3G-10, entitled "Stormwater Utility and Stormwater Utility Fee": 14-3G-10 STORMWATER UTILITY & STORMWATER UTILITY FEE A. 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 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 er subsurface waters, directly or indirectly, to the city stormwater drainage system, and that the proceeds of such charges se 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 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 properly, 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. 04-4115 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 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 stormwatar 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 starmwater and imposing charges for the recovery of costs connected with such stormwater management. Surface Water: Stormwater, ground water, and spent water received by the earth's surface. Undeveloped Property: A parcel that has no impervious area. User: The owner and/or occupant of any developed property within the limits of Iowa City. Water Course: A natural overland route through which water passes, including drainage courses, streams, creeks, and rivers. C. 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 starmwater 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 ail 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 charqP, 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 Ordinance No. 04-4115 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 properly 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 properly 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 stormwatar 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 stormwatar 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 starmwater 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 starmwater 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. 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 stormwatar utility bill. 2. Proof of the NPDES 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. 04-4115 Page 5 I. Billing procedures, delinquent accounts and collect on procadurn~. 1. The charges established hereunder will be billed monthly to customers in the Iowa City stormwatar 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. SECT ON 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 pad thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATF. This Ordinance shall be in effect after its final passage, approval and publication. Pas and approved this 16th day of Hatch ,2004~.. CITY CLER~ Approved by pweng/ord/storm',¥ater 11-03.doc Ordinance No. 04-4115 Page 6 Itwas moved by Bailey 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 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 Moved by Bailey, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council mettings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Prepared by: Susan Dulek, Asst. City Attomey, 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 "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 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 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 as 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: (1) Authorized Site. Both a written description and a physical illustration of the authorized site. (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 it is in compliance with the liability insurance requirements of Iowa Code section 123.92, as amended, in the amount of Ordinance No. Page 2 $5OO,OOO. (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 enfoming 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 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 8, entitled "Persons Under Nineteen Years of Age in Licensed or Permitted Establishments," Paragraph B is hereby amended by adding a new Subparagraph 5 as follows: The person under nineteen (19) years of age is a patron of an "authorized entity" which has entered into an agreement with the City for use of an "authorized site" in a city park, pursuant to Section 4- 5-3D of the City Code. 6. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 8, entitled "Persons Under Nineteen Years of Age in Licensed or Permitted Establishments," Paragraph C is hereby amended by adding a new Subparagraph 4 as follows: The person under nineteen (19) years of age is a patron of an "authorized entity" which has entered into an agreement with the City for use of an "authorized site" in a city park, pursuant to Section 4- 5-3D of the City Code. 7. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 8, entitled "Persons Under Nineteen Years of Age in Licensed or Permitted Establishments," Paragraph D is hereby amended by deleting Paragraph D in its entirety and adding a new Paragraph D as follows: Unless a valid exception certificate under the provisions of subsection B3 of this section has been obtained and posted, or a certificate approving a nonalcoholic event under the provisions of subsection B4 of this section has been obtained and posted for the duration of the event or the licensed premises is an "authorized entity" which has entered into an agreement with the City for use of an "authorized site" in a city park, pursuant to Section 4-5-3D of the City Code, the holder of a liquor control license, wine or beer permit, which authorizes on premises consumption, shall obtain from the city clerk and post a notice at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishment, stating: Notice to Persons Under Nineteen (19) Years of Age. You are subject to a fine of $250.00 for being on these premises between the hours of 10:00 p.m. and closing unless: 1. you are accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2-6-3 of the City Code who is nineteen (19) years of age or older; or 2. you are an employee of this establishment or performing a contracted service with respect to this establishment and are on the premises during your scheduled work Ordinance No. Page 3 hours. Said notices will be prepared by the city clerk and available at no charge. 8. 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 Parag/'aph 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 o( 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 App~ved by CITY CLERK City Attorney's Office Sue~orcN3ardord.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 3/16/04 Voteforpassage:AYES: 0'Donne]I, Vanderhoef, Wi]burn, Bai]e~v, Champion, Elliott. NAYS: Lehman. ABSENT: None. Second Consideration Vote for passage: Date published Date: March 10, 2004 To: City Council From: Eleanor M. Dilkes, City Attorne~X~)''' Re: Ordinance Regarding Sale and Consumption of Beer and Wine on City Property (Riverside Theatre's Shakespeare Festival) On March 2, 2003 you gave first reading to an ordinance which allows the sale of beer and wine in a City park, on a public right-of-way or on City grounds, excluding City buildings, by a nonprofit entity that has entered into an agreement with the City for sale of beer and/or wine on a precisely described site and obtained a state license or permit to sell wine and/or beer. The original draft of the ordinance was narrowly drafted to address Riverside Theatre's Shakespeare Festival and as such, it allowed sale of wine or beer only in a City park at a ticketed event. The original draft included an exception to the City's under-19 ordinance, which prohibits persons under the age of 19 from being present in a licensed establishment after 10:00 p.m. unless the establishment has an exception certificate or is accompanied by an authorized person over 21 (e.g., parent) or is an employee of the establishment. When the City Council expanded the ordinance allowing sale of alcohol on City property to include potential downtown venues, the under-19 exception became problematic and was removed from the revised ordinance. Riverside Theatre informs me that performances often run past 10:00 p.m. In the absence of an additional exception to the under-19 ordinance, persons under the age of 19 will be required to leave the theater before 10:00 p.m. While the current under-19 ordinance allows an establishment whose primary business purpose is not the sale of alcohol to obtain an exception by demonstrating that more than 50% of gross sales are from the sale of goods and services other than alcohol, "income from fees charged to gain entry to or remain on the premises, such as cover charges" are specifically excluded from the equation. Those of you on the previous council will recall that the inclusion of such cover charges allows for manipulation which makes enforcement of an under-19 or under-21 ordinance difficult. You also will recall the opposition to an under-21 or under-19 ordinance by those licensed establishments that provide an entertainment venue in addition to selling alcohol. In light of both the language and the history of the under-19 ordinance, I do not believe that Riverside Theatre could include its ticket sales in the equation in order to obtain an exemption under the ordinance. If the Council wants to provide a limited exception to the under-19 ordinance for the Shakespeare Festival I suggest that the ordinance regarding sales of beer and wine on City property be amended to allow entities who reach agreement with the City for use of a City park (not public right-of-way or City grounds) to be excepted from the under-19 ordinance. While other possible exceptions (e.g., ticketed events; cessation of sale prior to 10:00) could afford an exception to the Shakespeare Festival, they are also potentially applicable to other entities (e.g., "ticket" to get into a beer tent or a bar), create greater enforcement issues, and quite likely would require you to revisit the under-19 ordinance/policy. I will need your direction on how you wish to address this issue at your work session on March 15, 2004. cc: Steve Atkins Dale Helling Marian Karr Sue Dulek eleanor/mem/beer & wine.doc alcohol ordinance Page 1 of 1 Marian Karr From: Patty McNichol [patty@iowacityhospice.com] Sent: Wednesday, March 03, 2004 7:52 AM To: cou ncil@iowa-city.org Subject: alcohol ordinance Dear Council Members, I heard on the news this morning that Mayor Lehman was the only council member to vote against a law that would allow alchol to be served at public events. I truly didn't think I'd have to worry about this getting serious consideration by the Council considering the difficulties this community currently has with alcohol and underage drinking. I am quite surprised to learn the majority of you are actually in favor of this. VVhen are the adults in the community going to start changing their behaviors and attitudes in order to set the example for the youth? No one loves a glass of wine or a cocktail more than I do. And I avidly support Riverside Theater. But why is alcohol seen as the incentive to getting people to the shows? How much wine would Riverside have to sell in order to make up financial shortfalls? How are you going to keep underage people from getting the alcohol--will Riverside Theatre have a police force present? How much does that cost? How will you keep other public events from becoming just one more opportunity to drink too much. Why can't we have some events in lC that are truly family events, where children can see adults having fun without the use of alcohol? Any perceived financial benefit would certainly be offset by the extra security needed to keep our underage citizens from drinking, wouldn't it? Should financial gain be the reason to consider this? Please, please reconsider this issue. Please don't open Pandora's box when you've worked so ha. rd to try to keep the lid on it over the past couple of years. Thank you for your time. Patricia McNichol 3/3/04 Marian Karr From: Mossman, Lawrence [lawrence-mossman@uiowa.edu] Sent: Wednesday, March 03, 2004 10:50 PM To: 'council@iowa-city.org' Dear Council, As a citizen ef Iowa City, I must say that I am strongly opposed to the whole concept of allowing alcohol to be served in City Park or in the streets in our downtown ..... I agree with Mr. Lehman's statements, there is plenty ef drinking that happens downtown, and plenty of places to do it. Just ask any of the Iowa City police officers. In fact, I would be curious what they are saying about the whole law. Ask any of the Domestic Violence volunteers er an Emergency Room nurse what is one ef the largest factor is in peoples need for their assistance. They all work daily to pick up the pieces and lives that have been negatively effected by someones drinking. Alcohol abuse is the number one factor in se many statistics that I find it hard to agree with the Council. I for one want to live and enjoy the parks and downtown without the attendant problems that increased access and consumption ef alcohol invariably carry with it. Sincerely, Lawrence J. Hossman Marian Karr From: Carolyn [b[go356@mchsi.com] Sent: Thursday, March 04, 2004 10:06 AM To: cou ncil@iowa-city.org Subject: alcohol sales Thank you to Ernie Lehman for being sensible. We are a sad society if we believe that we can enjoy ourselves only when we drink alcohol. Please keep in place the rules that are currently on the books. The income generated by the sale of wine and beer at Riverside Theater surely cannot be very significant. Are we saying that the only way we can appreciate Shakespeare is by dulling our senses? Carolyn Otis 521 Holt Avenue Iowa City 337-9989 Marian Karr From: Markham, Sanford [sanford-markham@uiowa.edu] Sent: Thursday, March 04, 2004 5:25 PM To: 'cou ncil@iowa-city.org' Subject: Sale Of Alcoholic Beverages on City Property I am opposed to the sale of alcoholic beverages in city parks and on city properties with the exception of sale at the Riverside Theater to patrons/ticket holders of the theater. Sanford M. Markham 11 Partridge Court Iowa City, IA 52246 Page 1 of I Marian Karr From: Marilyn Holland [holland.marilyn@mcleodusa.net] Sent: Monday, March 08, 2004 3:30 PM To: co u ncil@iowa-city.org Subject: Alcohol in the parks Just a note to voice my objection to allowing anyone to buy or sell alcohol in the parks in Iowa City. When we wring our hands and can't figure out how to stop all of the excessive drinking among the students, we adults turn around and say, "We can't enjoy a performance by the Riverside Theater unless we can drink alcohol". There seems to be a double standard here. Please don't take on all the problems that I believe would be generated by allowing the Riverside Theater to go through with this proposal. By-the-way, it's not about the Riverside Theater, it's about alcohol in the parks!! Marilyn Holland 3/8/04 Marian Karr From: Hacker, Mary [hackerm@uihc.uiowa.edu] Sent: Wednesday, March 10, 2004 1:20 PM To: council@iowa-city.org I support restricting use of alcohol in the park.-- Mary F. Hacker M.D. Student Health Service University of Iowa Marian Karr From: King, Elizabeth A [elizabeth-king@uiowa.edu] Sent: Thursday, March 11, 2004 4:49 PM To: 'cou ncil@iowa-city.org' Subject: Alcohol ordinances March 11, 2004 Dear City Council Members: I am writing to you in regards to policies involving access to alcohol in Iowa City. The most urgent issue is the upcoming vote on whether alcohol permits should be issued for the Riverside Theatre festival stage in City Park and events downtown such as the Jazz Fest and Arts Fest. Although the organizers of some of these events have decided not to seek permits for this year, I strongly believe these permits should not be given. One of the best things about living in Iowa City is going downtown in the summer and seeing families together, enjoying cultural events. I don't think we should jeopardize the safe and relaxing environment by allowing access to alcohol. Even if vendors are diligent about checking ID's, which could be difficult to monitor in such a large outdoor area, I think it's important that children see there can be fun events without alcohol. The bars will still be there for people to frequent if they so choose. Secondly, I would like to encourage you to reconsider passing a 21 and over ordinance. I came to the University of Iowa in 1998, and throughout my undergraduate and now medical school education I have continually been surprised that people who are not old enough to legally consume alcohol are allowed such access. I was honored to attend a discussion last semester hosted by Dean Jones and involving members of the Iowa City community about the effects that alcohol has on all of us, and Mayor Lehman may remember me speaking out about the substantial number of student who do not think the 19 and over law is acceptable and do not appreciate the large number of bars downtown or the drunken crowds spilling out of them every weekend. One fact we can all agree on is that binge drinking is a serious problem in Iowa City, and I don't think it is responsible to give people under the age of 21 such easy access to an environment that encourages hinging. I have heard the arguments about the possible increase in drinking at house parties, but I think it only makes sense to bring Iowa City laws in line with those of most of the country and to deal with other problems as they may arise. I am pleased to say the candidates I voted for in the last election are 1 now sitting en the council, and I apol©gize fer net being able to attend your meeting and speak with yeu in person. I hepe yeu will represent the interests of you voting constituents and keep making Iewa City a better place to live. Sincerely, Elizabeth King University of Iowa medical student and proud member of the Iowa City community Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE AMENDING 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS RESTRICTIONS," AND TITLE 10, ;ENTITLED "USE OF PUBLIC WAYS AND CHAPTER 9, ENTITLED AND RECREATION REGULATIONS," SECTION ENTITLED "PROHIBITED IN PARKS AND PLAYGROUNDS" TO THE SALE, POSSESSION, CONSUMPTION OF BEER AND WINE UNDER LIMI; ED CIRCUMSTANCES IN A CITY F ON PUBLIC RIGHT- OF-WAY. OR ON A CITY :)UND, EXCLUDING CITY INGS, PURSUANT TO A E CITY. WHEREAS, Riverside Theatre, in )eration with the City of lc City, has presented the Riverside Theatre Shakespeare Festival in k during the last four (4) WHEREAS, Riverside Theatre offered meals to g the performances of the Riverside Theatre Shakespeare Festival; WHEREAS, in many summer Sh~ festivals qout the United States, alcoholic beverages are offered as part of the meal; WHEREAS, presently city ordinances not permit the ~ossession of alcohol in any city park; WHEREAS, Riverside Theatre has sted that allowed to sell beer and wine in conjunction with the performances during the I; WHEREAS, it is in the best corporations to sell beer and/or wine under limited circumstances in a city park, or on a city ground excluding city buildings and to allow citizens to possess and ,~ beer and wine under said limited circumstances. NOW, THEREFORE, BE IT ORDAINED BY ' CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," ( 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession ~n Places and City Buildings," is hereby amended by deleting Paragraph A in its entirety and g in its place a new Paragraph A as follows: It shall be unlawful for any persom ne or drink any alcoholic beverages on any public street, ground, highway, sidewalk )lic right-of-way in the city, except if said person has purchased said "authorized entity," and is on an "authorized site," as those terms are defined section, person shall not use or consume alcoholic beverages the city, license or permit, and when applicable a ¢ easement e 2. Title 4, 5 "Prohibitions and Restrictions," Section 3, entitled "Consumption or in Public and City Buildings," is hereby amended by deleting Paragraph B in its , and substituting inlace a new Paragraph B as follows: A me or possess an )~c o~verage in a city park, except if said person has purchased ~olic beverage from an "author'itzed entity," and is on an "authorized site," as those terms d in this section. 3. Title 4, entitled "AIc¢ol : Beverages," Chapter 5, entitled~'Prohibifions and Restrictions," Section 3, entitled "Consump~j/on or Possession in Public Places and'~ity Buildings," is hereby amended by adding a new Paragraph D as follows: 1. The city m¢~' enter into a written agreement with an authc~ized entity that allows for the sale of beer and/or wine ~a city park, on public right-of-way, or on a city ground excluding city buildings. The term of said agr ,eement shall not exceed one (1) year. 2. As use, el in this Chapter, the following definitions shall apply: a. A,qre~nent: The official agreement between the city and an authorized entity to sell beer and/or wine on an ~thorized site for consumption and possession only on an authorized site, which includes at a minim~'n the following provisions: (1) A~Jthorized Site. Both a written description and a physical illustration of the authorized site. (2) [Sremises Insurance. The authorized entity shall provide a certificate of insurance for general liability/~nd 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 it is in compliance with the liability insurance requirements of Iowa Code section 123.92, as amended, in the amount of Ordinance No. Page 2 $5O0,000. (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-prof'¢ corporation (meaning those entities granted tax-exempt status by the IRS under section 501 (c)(3) oflthe Internal Revenue Code). c. Authorized Site: A precisely ~tescribed area in a city park, on public right-of-way, er on a city ground excluding city buildings over/which the authorized entity has control for spegi~ed hours on specified days pursu, a. nt 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, oryublic right-of-way in the city, except if said person has purchased said alcoholic beverage fror~ an "authorized entity," add 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 premis'~s 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 I~operty,'. Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Act~ns !n Parks and Playgrounds," Paragraph F is hereby amended by deleting Paragraph F in its enrlre~ and substituting in its place a new Paragraph F as follows: / ~ Alcoholic Beverages: Possess or consume/~ny ~coholic beverage in any park, except if said person has purchased said alcoholic ak "authorized entity," and is on an "authorized site," as those terms are defined in Title.._.,4 3. SECTION II,REPEALER. All ordinances ~'~d nces in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILI'r~_. If any se?tion, prows~on or lhe Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicatic~n shall not f of the Ordinance as a whole or any section, provision or part thereof not adj,uSg, SECTION IV. EFFECTIVE DATE/]'his Ordinance shall passage, approval and publication, as provided by law. Passed and approved this / day of ,2004. MAYOR ATTEST: CITY CLERK S ue\ord\bardord doc ? Ordinance No. Page __ It was moved by and seconded by that the Ordinance as mad be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Bailey "Champion , /Elliott ,/ Lehman ~' O'Donneli Vanderhoef Wilbum First Consideration Voteforpassage:AYES: O'Dcnnel], Vanderhoef, Baile~,, Champion, E]]iott. NAYS: Lehman. ABSENT: Non Second Consideration Vote for passage: Date published Prepared by: Andy Matthews, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC", CHAPTER 5, "PARKING IN METERED ZONES AND PARKING LOTS", SECTION 3, "PARKING IN METERED ZONES", TO INCLUDE MULTI-SPACE PARKING METERS OR PAY STATIONS. WHEREAS, the current ordinance makes it a violation when a driver of a vehicle fails to deposit or cause to be deposited the proper coin in the parking meter for the time the parking space is to be occupied; and WHEREAS, some City parking facilities utilize multi-space parking meters or pay stations to pre-pay for such parking, similar to individual parking meters; and WHEREAS, this amendment would treat such multi-space parking meters or pay stations in the same manner as individual parking meters for purposes of payment obligations and penalties. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 9, entitled "Motor Vehicles and Traffic", Chapter 5, "Parking Meter Zones and Parking Lots", Section 3, "Parking in Metered Zones", Subsection A, and Subsection C are hereby amended by repealing Section 9-5-3-A and 9- 5-3-C, and enacting in lieu thereof a new Section 9-5-3-A and 9-5-3-C to be codified and to read as follows: 9-5-3-A. When a vehicle is parked in any space adjacent to a parking meter, or in a space utilizing multi-space parking meters or a pay station as provided for in this Chapter, the driver of the vehicle shall immediately deposit o~: cause to be deposited the proper coin in the parking meter or at the parking pay station for the time the parking space is to be occupied by the vehicle and put the meter or pay station device governing the parking space in operation. Failure to deposit the coin(s) and put the meter in operation or to deposit such coin(s) in the pay station device governing such parking space shall constitute a breach of this Title and shall subject the driver or owner to the penalty prescribed. Upon the deposit of such coin and placing the meter or pay station parking space in operation, the parking space may be lawfully occupied by the vehicle during the period the parking time which has been prescribed for the part of the street or parking space in which the parking space is located and as designated on the parking meter or pay station. If the vehicle shall remain parked in the parking space, the parking meter shall, by its dial and point, indicate such illegal parking, or if such parking space is govemed by a pay station and time has expired for use of the parking space governed by the pay station, and in such event, the vehicle shall be considered as parked overtime and beyond the period of legal parking time, and the parking in any such part of a street or parking space where such meter is located or which is governed by a pay station shall be a violation of this Chapter and punished as set forth herein. 9-5-3-C. It shall be unlawful and a violation Of the provisions of this Chapter for any owner or driver to permit any vehicle to remain in any parking space designated by any parking meter while the meter is displaying a signal indicating that the vehicle is parked beyond the established time period, or is governed by any pay station device for which the time has expired for use of the parking space. Every hour that the vehicle remains after the established time period shall constitute a separate and distinct offense. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 ATTEST: CITY CLERK Approved by: City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 3/16/04 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published