HomeMy WebLinkAbout2004-04-06 Ordinance Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS
AND PROPERTY," TO CREATE A UNIFORM PERMITTING PROCESS, TO ESTABLISH
REQUIREMENTS FOR THE FARMERS MARKET, TO PROVIDE FOR THE
NONCOMMERCIAL PLACEMENT OF OBJECTS IN CITY PLAZA ON A TEMPORARY BASIS,
TO MODIFY THE PROVISION ON RESIDENTIAL PICKETING, TO CLARIFY THE CURRENT
PROVISIONS REGULATING MOBILE VENDORS AND AMBULATORY VENDORS, TO
CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING SAID VENDORS, AND TO MAKE
ADDITIONAL NONSUBSTANTIVE CHANGES.
WHEREAS, because there are competing uses of the public right of way including streets, City Plaza,
and parks, it is necessary to impose time, place, and manner requirements on those who seek to hold
parades and public assemblies;
WHEREAS, regulating the public right of way ensures the safe movement of pedestrians;
WHEREAS, it is desirable that there be uniformity in the permitting process and specific criteria to
guide and limit the discretion of city employees charged with granting or denying permits for 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 feeling of well-being and tranquility which the residents of the
City should enjoy in their dwellings should be preserved;
WHEREAS, the practice of focused residential picketing before or about a dwelling, targeted at the
occupant or occupants of such dwelling causes emotional disturbances and distress to the occupant or
occupants and disturbs the sense of peace and tranquility enjoyed by individuals in their dwellings;
WHEREAS, there currently is no provision for the regulation of the Farmers Market, and a registration
process should be created that sets up a procedure for Farmers Market vendors to register for exclusive
use of a stall, to appeal the denial of said use, and to provide for revocation of said authorization under
specific conditions; and
WHEREAS, it is in the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BYTHE 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:
Funeral processions.
2.A gathering of an affiliated group or subpart thereof.
3. Spontaneous events responding to 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 manager or designee 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.
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 authority to act on
behalf of the group that is requesting the permit.
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 contact information of the person(s) to be present at and who will serve as the
contact person(s) for the applicant at the proposed parade or public assembly.
8. List and description of mechanical or electronic equipment to be used, including sound
amplification.
9. Number and type of any motor vehicles or other forms of transportation to be used, including
bicycles.
10.Number and type of any animals to be used.
11. Proposal to monitor the event, including the names of any person not employed by the City
who will be responsible for setting up, cleaning up, or maintaining order and whether the
police department will be needed to assist in maintaining order.
12.Proposal for cleanup.
13. Except if the parade or public assembly is held entirely on a public sidewalk, on city plaza, or
in a park and does not require any equipment, cables, objects, structures, or similar items to
be placed on the sidewalk, city plaza, or park 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, on city plaza, or
in a park and does not require any equipment, cables, objects, structures, or similar items to
be placed on the sidewalk, city plaza, or park, 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 speech content of the
parade or public assembly shall not be a factor in determining the amount of insurance. 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 sha~l 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
Ordinance No.
Page 4
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.
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.
A cedificate 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 cantract 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 permit'tee.
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:
Ordinance No.
Page 5
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:
Fees for permits shall be set by resolution of City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," is hereby amended by adding a new Section 9, entitled "Police Protection," as follows:
A. The Chief of Police or designee shall determine whether and to what extent additional police or
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 primary 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 t0, 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.
Ordinance No.
Page 6
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": 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 ordedy flow of traffic.
B. It shall be unlawful for any person to refuse to disperse or move on when so directed by a police
officer as herein provided.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 5 entitled "Duty to Disperse as Directed by Police," is hereby amended by deleting Section 5 in its
entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 2, entitled "Public Demonstrations,"
Section 6 entitled "Obstruction of Public Ways," is hereby amended by deleting Section 6 in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," is hereby amended by adding the following new definitions:
APPLICANT: A person who applies for a permit as provided in this Chapter.
MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as
determined and assigned by the City Manager, or designee, in writing within the boundaries of
city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending
carts. Each mobile vending permit shall carry with it the authorization to operate at one or two (2)
designated locations.
MOBILE VENDOR PERMIT: Written authorization by the City for use of public property, including
public right of way, by a mobile vendor as provided in this Chapter.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
TEMPORARY USE OF 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
Ordinance No.
Page 7
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
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 fil,ed 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.
Ordinance No.
Page 8
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.
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 alcoholic beverages shall be offered for sale.
c. At a minimum, mobile vendors shall operate during the following hours from May 1 to
October 1: (1) 11:00 a.m. to 2:00 p.m. on Monday through Saturday; (2) 5:00 p.m. to 8:00
p.m. on Thursday through Saturday; and (3) three (3) additional hours each day on
Monday through Wednesday as selected by the permitee.
3. Application Form
The application form shall contain the following information:
a. Name, address, and telephone number of the applicant.
b. An acknowledgement to be signed by a natural person that he or she has authority over
the permitted use of the sidewalk.
c. List of past permits issued.
d. Description of food and/or beverage product to be sold.
e. Requested location or locations of operation.
Ordinance No.
Page 9
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.
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 insuranca 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.
Ordinance No.
Page 10
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
after the decision, the party files a written notice of appeal with the City Clerk. In such event, a
hearing shall be held by the City Council no later than its next regularly scheduled meeting,
assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21
of the Iowa Code. Upon such hearing, the City Council may, based upon the standards
enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
D. The sale, transfer, or assignment of a mobile vending permit is expressly prohibited.
E. Revocation of Permit. The City Manager or designee, or City Council if issued following an
appeal, may revoke a mobile vending permit if:
1. It is determined by the Chief of Police or the Fire Chief that, by reason of disaster, public
calamity, riot or other emergency, the public safety requires such revocation.
2.The permitee has misstated any material fact in the application.
3. There is a substantial and material variance between the information in the application and
the actual facts or those facts which appear reasonably to have occurred.
4.The permitee is operating a mobile vending cart in violation of the terms of the permit.
5.The permitee's insurance has been cancelled.
6.The permittee violates any administrative rules.
A permittee may appeal the revocation in the same manner as appealing the issuance or denial
of a permit.
F. Fees. Fees for mobile vending permits shall be set by resolution of City Council.
G. Administrative Rules. The City Manager is authorized to establish administrative rules not
inconsistent with any ordinance to carry out the provisions of this Chapter. A copy of said rules
shall be on file with the City Clerk.
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills" is hereby
amended by changing the title of chapter 4 from "Posting Bills" to "Posting Handbills."
Title 10, entitled "Use of Public Ways and Property," Chapter 4, entitled "Posting Bills," Section 1,
entitled "Definitions," is hereby amended by adding the following new definitions:
COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, circular, leaflet,
pamphlet, paper, booklet, or any other printed or 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 Prepedy," 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:
Ordinance No.
Page 11
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 pad 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.
Tit~e 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.
Tit~e 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 1,
entitled "Purpose and Intent," is hereby amended by adding new Subsections E and F as follows:
E. Supporting economic activity by allowing vendors to sell their goods in City Plaza.
F. Ensuring safe movement of pedestrians in City Plaza.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City P~aza," 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 Sen/ice, in accordance with federal statute or regulation, and
any newspaper filed and recorded with any recording officer as provided by general law. And, in
addition thereto, shall mean and include any periodical or current magazine regularly published
with not less than four issues per year, and sold to the public.
PERSON: Any natural or corporate person, business association or other business entity
including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or
private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other
legal entity.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, cartway,
bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian
travel and dedicated to public use, including City Plaza.
ZONE 1: The ten-foot (10') strip directly abutting the private property lines in City Plaza. Zone 1
extends the length of the City Plaza along all sides of the Plaza. Zone 1 is illustrated on the City
Plaza Map that is kept on file in the office of the City Clerk, which can be amended, from time to
time, by resolution of the City Council.
ZONE 2: The six-foot (6') pedestrian lanes in the City Plaza adjoining Zone I 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/sen/ice lane in City Plaza. Zone 3 is illustrated on the City Plaza Map
that is kept on file in the office of the City Clerk, which can be amended, from time to time, by
resolution of the City Council.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by deleting the definitions of "ambulatory vendor" and "kiosk" and
by substituting in their place the following new definitions:
AMBULATORY VENDOR: A person selling goods or services, 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 Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended by deleting the definitions of "mobile vending cart" and "mobile
vendor" in their entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 3,
entitled "Description of Mall Zones," is hereby amended by deleting Section 3 in its entirety.
Ordinance No.
Page 12
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 4,
entitled "Bicycle and Nonmotorized Vehicle Restrictions," is hereby amended by deleting Section 4 in its
entirety and by substituting the following new section in its place and renumbering it Section 3:
A. Bicycles. No person shall ride a bicycle within the city plaza; no bicycles shall be left unattended
within city plaza unless located in a bicycle rack; no bicycle shall be locked or affixed to any post
or structure other than a bicycle rack.
B. Nonmotorized Vehicles. No person shall travel upon or operated a nonmotorized vehicle within
the city plaza, except for a persons with disabilities using a vehicle designed for use by person
with disabilities.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 5,
entitled "Motor Vehicle Regulations," is hereby amended by deleting Section 5 in its entirety and by
substituting the following new section in its place and renumbering it Section 4:
No person shall operate a motor vehicle, except emergency vehicles, within the limits of city plaza
without authorization issued by the city manager or designee:
A. Any business located on property which does not otherwise abut a public right of way other than
city plaza may be granted continuous motor vehicle authorization upon a showing that such is
necessary to provide for the delivery of goods to or from the business. Such authorization shall
allow the vehicle within the city plaza only during active loading and unloading.
B. Any person may be granted such authorization upon a showing that the placement or operation of
a motor vehicle upon city plaza for a specified, limited period of time is necessary for delivery or
other legitimate purpose.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6,
entitled "Removal of Snow and Ice Accumulations from Building Runoff," is hereby amended by deleting
Section 6 in its entirety and by substituting the following new section in its place and renumbering it Section
5:
Removal of accumulations of snow and/or 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 substituting 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
Ordinance No.
Page 13
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 norma~ retai~ 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:
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 noncommercial 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, renumbedng it Section 8, and by entitling new Section 8 as "Uses of City
Plaza":
Ordinance No.
Page 14
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.
(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 ail 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.
Ordinance No.
Page 15
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.
I. The applicant has not damaged City property, and if the applicant has, the damage has
been paid in full, and has paid all other outstanding and unpaid debts to the City.
m. The applicant has complied with applicable laws concerning the sale or offering for sale
of any goods or services.
p. Such other information that the City Manager or designee finds necessary for the
enforcement of this Chapter.
Contents and Conditions of Permit. The permit shall contain the following information:
a. Name, telephone number, and address of permittee.
b. Time, date and place of the permitted activity.
c. Such other information that the City Manager or designee finds necessary for the
enforcement of this ordinance.
3. Appeals
Any party aggrieved by the City Manager's or designee's decision to issue 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 cemply with any provisions of this Chapter
b. The permitted activity creates an obstruction to pedestrian use of the City Plaza or a
nuisance or violates of any statute, law, rule or regulation involving the permitted event
c. It is necessary to protect health or safety as determined by the Police Chief or designee
or Fire Chief or designee
d. The permitee has misstated any material fact in the application
e. There is a substantial and material variance between the information in the application
and the actual facts or those facts which appear reasonably to have occurred
f. The permitee is 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.
Ordinance No.
Page 16
(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.
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 shal~ 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 sha~l 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 Properly," 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
Ordinance No.
Page 17
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.
PUBLIC ASSEMBLY Any meeting, demonstration, picket line, rally or gathering of more than
twenty-five (25) persons for a common purpose as a result of prior planning that interferes with
the normal flow or regulation of pedestrian or vehicular traffic on the public right of way or in a
park or occupies any area in the public right of way or in a park.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and
dedicated to public use.
SPONSORING AGENCY: Any organization or group, regardless of whether it is legally
constituted, and including but not limited to corporations and partnerships, on whose behalf a
natural person individual makes application for a park permit.
TRAIL: A way or place, the use of which is controlled by the City as owner of the real property,
used for persons walking, jogging, skateboarding, in line skating, or bicycling or motorized
devices designed for and used by persons with disabilities.
Title 10, entitled "Use of Public Ways and 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.
Tifle 10, entitled "Use of Public Ways and P?operty," Chapter 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is hereby amended by deleting the definition of "public
entedainment" in its entirety.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks and Playgrounds," is hereby amended by
deleting Section 2 in its entirety and substituting in its place the following: in any park no person shall:
A. Damage To Property, Animals, Trees And Plant Materials:
1. Pick or destroy any plant materials or walk or run upon any flower beds.
2. Break or tear any limbs or branches from any tree.
3. Throw objects or missiles at any animal or bird or molest any animal or bird in any way.
4. Tear down, mutilate, destroy or carry away any sign constructed under the authority of the
City Council or the Parks and Recreation Department.
5. Tear down, mutilate, destroy or burn any building, shelter equipment, picnic table, grill, or any
personal property owned by the City
B. Motor Vehicles And Traffic:
1. Park any vehicle in any area where parking is prohibited by posted 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.
Ordinance No.
Page 18
E. Fires: Build or aid and abet the buitding 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.
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 intemet 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 "Traffic and Parking Regulations," is hereby amended by deleting Section
3 in its entirety and substituting in its place the following:
A. Duties Of Director: The Director is hereby authorized and directed to: 1) designate streets and
drives for use within the parks; 2) designate parking areas for the parks; and 3) prohibit, regulate
or limit stopping, standing or parking of vehicles on the streets, driveways and parking areas in
the parks at all times or during specified hours. The Director shall also cause signs to be posted
designating streets, drives and parking areas or prohibiting, regulating or limiting stopping,
standing or parking in the parks.
B. Vehicle Owner Prima Facie Responsible for Violations: If any vehicle is found stopped, standing
or parked in any manner violative of the provisions of this Chapter and the identity of the operator
cannot be determined, there is a rebuttable presumption that the owner is responsible for such
violation.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 4, entitled "Facility Permit," is hereby amended by deleting Section 4 in its entirety
and substituting in its place the following:
A. Permit Required: It shall be unlawful for any person or group of persons to use any park or the
facilities of any park without complying with the requirements of Title 10 Chapter 1 including first
having obtained a parade/public assembly permit if applicable.
B. Secured Shelter: No person or sponsoring agency shall use a secured shelter without obtaining
the authorization of the Director or designee.
C. Park Facility: Any person or sponsoring agency may reserve a park facility by completing a filing
an application with the Director on a form prepared by the Director.
Title 10, entitled "Use of Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 5, entitled "Fees for Use of City Park and Recreation Areas and Facilities,"
Subsection B is hereby amended by deleting Subsection B in its entirety and substituting in its place the
following:
B. Reduction or Waiver of Fees: Notwithstanding the above, the Director is authorized to reduce or
waive fees for use of park facilities or equipment for affiliate groups or organizations providing
Ordinance No.
Page 19
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:
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 thero 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
Ordinance No.
Page 20
Fees for authorization of a Farmers Market Vendor shall be established by resolution of the City
Council.
10-11-7: PENALTIES
Any violation of this Chapter shall be considered a simple misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 of this Code.
_SECTION___.JlI. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION Ill. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,2004.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
sue/OrdRes/PUPL Ord.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 4/6/04
Vote for passage: AYES: Champion, E]] iott, Lehman, 0' Donnel ], Vanderhoef,
Wilburn, Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 356-5030
ORDINANCE NO.
OI~INANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "US PUBLIC WAYS
AND,~ PROPERTY," TO CREATE A UNIFORM PERMITTING PROCl TO ESTABLISH
REQUIREMENTS FOR THE FARMERS MARKET, TO FOR THE
NONCOMMERCIAL PLACEMENT OF OBJECTS
TO MODIE,Y THE PROVISION ON RESIDENTIAL PICKETING, THE CURRENT
PROVlSION~ REGULATING MOBILE VENDORS AND AMI VENDORS, TO
CODIFY SPECIFIC ADMINISTRATIVE RULES AFFECTING AND TO MAKE
ADDITIONAL NONSUBSTANTIVE CHANGES.
WHEREAS, becauS~e, there are compebng uses of the publ~ i streets, City Plaza,
and parks, it is necessar'~to impose time, place, and ma uirements on those who seek to hold
parades and public asseml~es;
WHEREAS, regulating tl'~ public right of way ensures I movement of pedestrians;
WHEREAS, it is desirabl~, ~,hat there be uniformity i permitting process and specific criteria to
guide and ~ or denying permits for uses of City
property;
WHEREAS, except for ! ,r entities that affiliated with the City, such as Iowa City Kickers,
the use of public property should a istration depending on the type of use;
WHEREAS, rules regarding the and of noncommemial objects and structures in
City Plaza should be enacted;
WHEREAS, City oversight of vendors and mobile vendors is primarily through
administrative rules whi
WHEREAS, the existing ed residential picketing presents enforcement issues;
WHEREAS, the right of privacy and of well-being and tranquility which the residents of the
City should enjoy in their dwellings shoul(
WHEREAS, the practice picketing before or about a dwelling, targeted at the
occupant or occupants of such dwellir causes otional disturbances and distress to the occupant or
occupants and disturbs the sense of ility enjoyed by individuals in their dwellings;
WHEREAS, there currently is nc ulation of the Farmers Market, and a registration
process should be created that register for exclusive
use of a stall, to appeal the denia use, and to revocation of said authorization under
specific conditions; and
WHEREAS, it is in the best i .~rest of the Cit' ese amendments.
NOW, THEREFORE, BE THE OF CITY, IOWA:
SECTION I.
Title 10,,, entitled "Use Public Ways and Property," C~apter 1, entitled "Parades and Public
Assemblies, Section 1, er ,d "Definitions and Exemptions,"~Subsection A, entitled "Definitions," is
hereby amended by adding 9 following new definitions: ~
AFFILIATED GRO, j ': A group of persons or an entity en~,aged in sports and/or recreation that
a) is affiliated wit~l and either sponsored or co-sponsored b~the City of Iowa City including, but
not limited to organized youth soccer, boys' baseball, and gii~s' softball; and b) has executed a
memorandum ~ understanding with the City for the use of publ~ property.
APPLICANT: IA person who applies for a parade/public asse~nbly permit as provided in this
Chapter. ~
PARADE/PI _lC ASSEMBLY PERMIT: Written authorization by the City for use of public
ding the public right of way, as provided in this Chapter.
PARK: park or playground owned or controlled by the City, including streets, trails, and
PERSON: 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 any area in the
public right of way or in a park,
PUBLIC SIDEWALK: The ' portion of public right of way to and/or intended
primarily for pedestrian use,
Title 10, entitled "Use of Public and Property," Chapter 1, "Parades and Public
Assemblies," Section 1, entitled "Defini' and Exemptions," Subsecti A, entitled "Definitions," is
hereby amended by repealing the of "Parade" and "Public Way" ~g in their place the
following new definitions:
PARADE: A march or procession more than twenty-five (2 persons, vehicles or other forms
of transportation, such as bicycles, · combination thereof, upon the public right of way or in
a park that necessitates or results i~ in whole in part, of use of the public right of
way or the park by others.
PUBLIC RIGHT OF WAY: The area ~ or below a publi~ highway, street, bicycle lane,
alley, and public sidewalk which is signed for vel bicycle or pedestrian travel and
dedicated to public use, including City Title 10,Chapter 5 of this Code
Title 10, entitled "Use of Public Ways Property,' 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions Subsection A, entitled "Definitions" is
hereby amended by repealing the definitions ," "picket," "protestor," and "public
entertainment" in their entirety.
Title 10, entitled "Use of Public Ways and Chapter 1, entitled "Parades and Public
Assemblies," Section 1, entitled "Definitions and ptions," Subsection B, entitled "Exemptions," is
hereby amended by deleting Subsection B in substituting in its place the following:
B. Exemptions: The following are exempt from ' ' of this Chapter:
1. Funeral processions.
2. A gathering of an affiliated group or sL
3. Spontaneous events occasioned affairs coming into public knowledge within
three (3) days of such provided that the organizer thereof gives
written notice to the City at least hour parade or public assembly.
Title 10, entitled "Use of Public Ways Chapter 1, entitled "Parades and Public
Assemblies," Section 2, entitled "Permit Required," is hereby amended by deleting
Section 2 in its entirety and substituting in its ~ the followir
A. It shall be unlawful for any person to engage in, present, conduct or stage a
parade or public assembly with~ having ed a parade/public assembly permit as
provided in this Chapter.
B. No person shall knowingly in or conduc~ parade or public assembly unless a
parade/public assembly permi~ obtained.
C. All parades and public ~lies shall be conducted ~nce with the provisions of the
parade/public assembly and shall be in h all applicable State and local laws.
No person shall knowin to comply with the and conditions of a parade/public
assembly permit, j
D. No person shall unreasor~bly hamper, obstruct, impede, or ir~erfere with any parade or public
assembly or with any p~rson, vehicle or animal participating 0~ used in any parade or public
assembly. . / . ~
Title 10, entitled Use of )Sublic Ways and Property, Chapter 1, ~ntitled Parades and Public
Assemblies," Section 3, entitle/d "Application for Permit," is hereby amended~by deleting Section 3 in its
entirety and substitutirlg in its place the following: ~,
A. Filing Application: / ~
1. An application f~r a parade/public assembly permit shall be filed Wl~b the City Manager or
designee by aCy person or group of persons desiring to use any public right of way as
provided in thi¢ Chapter. If the applicant is not a natural person, the appl'lcant shall identify a
natural persor~ who has authority to act for the applicant with regard to the parade'or public
assembly. /
2. All applicatid/hs shall be filed at least three (3) working days in advance of the date of the
requested u.~e.
3. ApplicationsLshall 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 Dy a natural person that he or she has authority over the
parade or public assembly.
3. The type of event that is planne~d, 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 c?rge of the proposed use at the specified
location.
8. List and description of mechanical or equipment to be used, including sound
amplification.
9. Number and type of , motor vehicles or forms of transportation to be used, including
bicycles.
10. Number and type of; animals to be us
11. Proposal to monitor t event, includin of any person not employed by the City
who will be re., for setting ul g up, or maintaining order and whether the
police department will b , needed to ~ maintaining order.
12. Proposal for cleanup.
13. Except if the parade or ~blic ~ly is held entirely on a public sidewalk or on city plaza
and does not require any, ~jects, structures, or similar items to be placed
on the sidewalk or cit' in which the applicant shall agree to:
pay on behalf of the City a s which the City shall be obligated to pay by reason of any
liability imposed upon the c ,r damages of any kind resulting from use of public property
and the public right of way, ether sustained by any person or person, caused by accident
or otherwise and shall defer its own expense and on behalf of the City any claim against
the City arising out property and the public right of way.
14. Except if the parade or ~sembly is held entirely on a public sidewalk or on city plaza
and does not require any ent, cables, objects, structures, or similar items to be placed
on the sidewalk or city is required in the reasonable amount necessary to
minimize ri,~ nd property based on the nature and size of the event, as
determined by the Ci Risk ~nager. The insurance requirement may be waived if
insurance or to pay the cost of insurance.
15. Any other information lager or designee finds necessary.
Title 10, entitled "Use of Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 4 of Permit," is hereby amended by deleting Section 4 in
its entirety and substituting in its g:
A. Standards for of Permit: The Manager or designee shall grant or deny the
application for a perm ~vriting, , mailed by ordinary mail or personally delivered to
the applicant and the reasons within seven (7) working days of the application
being filed, and no I~ event assuming the application is timely filed.
The City Manager nee shall examine application and shall grant a permit if the
following conditions met:
1. The use will ~reasonably interfere with privacy, safety, security, convenience and
tranquility of residents or inhabitants of area in light of the date and time of said
proposed use,
2. The proposed/public right of way can acco the group or use, based both on group
size and on h~alth and sanitation facilities, ~ ,.r a~ilable or to be provided by applicant.
3. The propose~ use or activity is compatible with the h~rmal activity of the proposed public
right of way ~t the requested time or date. ~.
4. The application demonstrates the applicant has the means~planning and coordination to hold
the propose~d event, considering the time of day, Iocation,~ublic facilities available, traffic
control, parting requirements and any monitoring required tO~orotect 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 < City property, and if the applicant has, the damage has been
paid in full, and has pa d all other outstanding and unpaid debts to the City.
16. The use or activit~ applicant is not prohibited Cby law.
17. The applicant paid clea up costs, if any, within thirty (30) s of the date of invoice as the
result of a previously permit.
18. Additional , if required under this chapter secured.
B. Contents and dt: The permit shall contain ,g information:
1. Name, address, and tele permittee.
2. Time, date and place of the
3. If a parade, the route and ~g area.
4. Number of monitors or luired use of the public right of way.
5. Such other information that he City designee finds necessary for the
enforcement of this Chapter.
Title 10, entitled "Use of Public and Property," 1, entitled "Parades and Public
Assemblies," Section 5, ~ or Denial of Permit," is hereby amended by
deleting Section 5 in its entirety and substitutir its place I following:
A. Any party aggrieved by the City ~ee's decision to grant or deny a permit under
this Chapter may appeal the Council if, within five (5) working days after
the decision, the pady files a written the City Clerk. In such event, a hearing
shall be held by the City Council no later 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 Council based upon the standards enumerated herein,
reverse, affirm or modify in any regard ity Manager's or designee's decision. The City
Council's decision is the final decision. /
Title 10, entitled "Use of Public Ways Chapter 1, entitled "Parades and Public
Assemblies," Section 6, entitled "Revocation hereby amended by deleting Section 6 in its
entirety and substituting in its place the followirig:
The City Manager or designee, or the City Council issued following an appeal, may revoke a
parade/public assembly permit if:
A. it is determined that the permittee has misstated an ~aterial fact in the application,
B. there is a substantial and material variance tion in the application and the
actual facts or those facts which appear reasonably to
C. when it is determined by the Chief of Police or the ;hief that, by reason of disaster, public
calamity, riot or other emergency, the I ~ such revocation,
D. the permittee's insurance hias been cancelled, or
E. the permittee is operating?n violation of the terms and cot ions of the permit or local, state, or
federal law.
A permit holder may appeal t)he revocation in the same manner as s the issuance or denial of
a permit. .
Title 10, entitled "Use of//Public Ways and Property," Chapter 1,"~ntitled "Parades and Public
Assemblies," is hereby amenCed by adding a new Section 7, entitled "Sale"Qr Assignment of Permit," as
follows: / ~
The sale, transfer, 94: assignment of a permit is prohibited. ~
Title 10, entitled "Us~/?f Public Ways and Property," Chapter 1, entitle'~, "Parades and Public
Assemblies, is hereby amended by adding a new Section 8, entitled "Fees,' as folloW.~:
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 ~g the amount of police protection necessary. If
possible, without disruption of nary police services or compromise of regularly
scheduled on-duty personnel will ~nt. If additional police orfor
the parade or public assembly i., necessary by the Chief of ~lice or designee, the
applicant shall be so informed, applicant shall have the dut, the police or security
protection deemed necessary by Chief of Police or designee sole expense of the
applicant.
B. Persons engaging in parades or assemblies conducted of public issue
speech protected under the First not required any police protection
provided by the City.
Title 10, entitled "Use of Public Ways Property," Chapter ;ntitled "Parades and Public
Assemblies," is hereby amended by adding a entitled "as follows:
Any violation of this Chapter shall; pie mis ' '
provided for in Title 1, Chapter 4 of this e.
Title 10, entitled "Use of Public Wa Chapter entitled "Public Demonstrations," is
hereby amended by changing the title of Chapter 2 t~
Title 10, entitled "Use of Public Ways and entitled "Public Demonstrations,"
Section 1, entitled "Definitions," is hereb~ new definitions:
PICKETER: A person who engages in picketin ~gns or placards.
PICKETING: The practice of standing, mar, ,ngregating, protesting, demonstrating, or
patrolling by one or more persons for the of persuading, discussing, educating,
advocating, or informing another person or ~r for the purpose of protesting some action,
attitude, policy, or belief. It does not include ~ 'andom, or other everyday communication.
PRIVATE RESIDENCE: A single-family, multi-family dwelling.
PUBLIC RIGHT OF WAY: The area on or bel, highway, street, bicycle lane,
alley, and public sidewalk which is design bicycle or pedestrian travel and
dedicated to public use, including City I in Title 10 Chapter 5.
PUBLIC SIDEWALK: The improved of way dedicated to and/or intended
primarily for pedestrian use.
RESIDENTIAL PICKETING: Picketing ~at is directed or targeted at a particular private
residence and that takes place directly in front of the private residence or the private
residences on either side of the targetbd private
RESIDENTIAL ZONE: All Zones de~{ned in Title 6, Article D of this Code.
Title 10, entitled "Use of Public Ways. and Property," 2, entitled "Public Demonstrations,"
Section 1, entitled "Definitions," is hereby ~mended by deleting the ~f "demonstration," "picket,"
"protester," and "public way" in their entire(y.
Title 10, entitled "Use of Public Ways and Properly," Chapter entitled "Public Demonstrations,"
Section 2, entitled "Use of Streets and'Sidewalks for Picketing, and Demonstrating," is hereby
amended by changing the title of Sect~10n 2 to "Use of Sidewalks
Title 10, entitled "Use of Pubiiq'Ways and Property," Chapter 2, "Public Demonstrations,"
Section 2, entitled "Use of Streets and Sidewalks for Picketing, and Demonstrating," is hereby
amended by deleting Section 2 in i~ entirety and substituting in its place lowing:
A. No picketing except as/'authorized by a parade/public assembly issued under Title 10,
Chapter 1 of the Cod~e, shall be conducted on that portion of streets used primarily for
vehicular or bicycle tr~,,[fic.
B. Interference with Traffic, Businesses and Public F ~ ;iliti, .s: P cketers not block or obstruct
free passage of any ~edestrian, vehicular traffic ( r bic 'cie ti af ic or with ingress or
egress to any,, business or public facility. '
Title 10, entitled Use of.Public Ways and Property," Chapter 2, entitled )lic Demonstrations,"
Section 3 entitled "Prohibited Acts and Conditions," is hereby amended by deleting its entirety,
by substituting in its place the following, and by entitling the new Section 3 as 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 been ordered to
move, disperse, ' the violation by either a police with
authority to control the use of the ~h
picketing.
Title 10, entitled "Use of Public Ways Property," Chapter 2, entitled Demonstrations,"
Section 4 entitled "Advanced Notice of Picketing, Protesting or ~monstrating," is hereby
amended by deleting Section 4 and in its place the following:
A. Police officers are authorized to disl who are such picketing is
in violation of this Chapter and poses threat to public health, flow of traffic.
B. It shall be unlawful for any person to move, so directed by a police
officer as herein provided.
Title 10, entitled "Use of Public Ways ar Property," Chapter 2, ~titled "Public Demonstrations,"
Section 5 entitled "Duty to ~y Police," is hereby deleting Section 5 in its
entirety.
Title 10, entitled "Use of Public Ways ~roperty," Chal entitled "Public Demonstrations,"
Section 6 entitled "Obstruction deleting Section 6 in its entirety.
Title 10, entitled "Use of Public Ways an( Property," 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions," is , amended I the following new definitions:
APPLICANT: A person who applies for a in this Chapter.
MOBILE VENDING LOCATION: An to operate a mobile vending cart as
determined and assigned by the City Mana nee, in writing within the boundaries of
city plaza and the 100, 200, and 300 blocks ~ Avenue for the operation of mobile vending
cads. Each mobile vending permit shall carry ~perate 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 vendor as in this Chapter.
PERSON: Any natural or corporate pers ~siness association or other business entity
including, but not limited to, a partnership, a a political subdivision, a public or
private agency of any ' nee of any of the foregoing, or any other
legal entity. /
TEMPORARY USE OF SIDEWALK PEF~MIT: Writte ~y the City for use of sidewalk
as provided in this Chapter. /
Title 10, entitled "Use of Public Ways ;hapter 3, entitled "Commercial Use of
Sidewalks," Section 1, entitled "Definitions deleting the definition of "public right of
way" and substituting in its new definition:
PUBLIC RIGHT OF WAY: The a~ ~ on or below a publ highway, street, bicycle lane,
alley, and public sidewalk whi is designed for vehic ar, bicycle or pedestrian travel and
dedicated to public use, includir ~ity 10, Chapter 5 of the Code.
Title 10, entitled "Use of Public and Property," 3, entitled "Commercial Use of
Sidewalks," Section 2, entitled Public Sidewalks is hereby amended by deleting
Section 2 in its entirety and substitutin in its place the following:
Use of public sidewalks for , commercial purpose, includin! dewalk cafes, shall be unlawful
except as s or as specifically by this chapter.
Title 10, entitled "Use of Ways and Property," Chapter entitled "Commercial Use of
Sidewalks," Section 4, entitled of Permits; Use Limitations; Side-walk Cafes and
Mobile Vending Carts," is amended by deleting Section 4 in by substituting in its place
the following, and by entitling ne Section 4 as '"Temporary Use of
The City Manager or is authorized to issue no more two Temporary Use of
Sidewalk Permits per /ear to businesses or business any commercial
purpose in comm ially zoned districts excluding permits for cafes, ambulatory
vendors, and mobile cads. Temporary Use of . 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 filed with the City
Manager or designee by any person or group of persons desirin ht of
way as provided in this Cha If the applicant is not a natur~ the application
shall identify a natural ~ to act for the )licant with regard to the
temporary use of the sidewalk.
b. All applications shall be J five (5) days before use.
c. Applications shall be made the City ~ ~gnee.
2. Application Form.
The application form shall information:
a. Name, address, and nber of the applican
b. An acknowledgement to be si by a natural that he or she has authority over
the permitted use of the sidewalk.
c. Name and address of applicant's ~iness.
d. Days and hours of requested use.
e. Description of use.
e. An agreement in which the ~
pay on behalf of the City all sums r shall be obligated to pay by reason of
any liability imposed upon the city for, of any kind resulting from use of public
property and the public right of way, sustained by any person or person, caused
by accident or otherwise and shall I at its own expense and on behalf of the City
any claim against the City arising out use of public property and the public right of
way.
f. Insurance as required in a nount necessary to minimize risk of harm to
persons or property based on the and size of the event, as determined by the
City's Risk Manager. The in Jirement may be waived if applicant
demonstrates inability to obtain in the cost of insurance.
g. Any other information that the Ci designee finds necessary.
B. Issuance or Denial of Permit.
1. Standards for Issuance rhe City Mi designee shall grant or deny the
application for Temporary Use Sidewalk nit in writing, which shall be mailed by
ordinary mail or personally to the a and state the reasons therefore within
seven (7) working days bein{ The City Manager or designee shall
examine the application the following conditions are met:
a. The applicant's pede free flow of pedestrian traffic along the
public right of way or in
b. All applicable paid.
c. The application is full
d. The indemnification a reement has been signed.
e. A ~g compliance with , section has been provided.
f. The application no material falsehood
g. The applicant is and be sued.
h. The applicant aged City property, and if th applicant has, the damage has
been paid in full paid all other outstandir the City.
i. No permit has ~ , been issued for the same time and
j. The use does r ,t conflict with previously plannin! organized and conducted by
the City and viously scheduled ~ same time and
2. Contents and The owing information:
a. Name, tele number, and address of permittee.
b. Time, date ,lace of the permitted activity.
c. The shall only offer for sale its own goods and product~ and shall not offer for
sale any rob 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 i~ decision.
D.The sale, transfer, or assignment of a ;mporary use of sidewalk permit (expressly prohibited.
E. Revocation of Permit. The City or designee, or the City Jf issued following an
appeal, may revoke a permit if:
1. It is determined by the Chief of or the Fire Chief that, reason of disaster, public
calamity, riot or other emergency, th s~ is necessary to
protect health, safety, and welfare
2. The permitee has misstated an' ~l fact in the ~
3. There is a substantial and material ~nce between the pplication and
the actual which
4. The permitee is operating in ~ terms permit.
5. The permitee is operating in , terms I, state, or federal law.
6. The permitee's insurance has been d.
A permit holder may appeal the revocation manner as appealing the issuing or
denying of a permit.
F. Fees. Fees for permits shall be set by resolutior :.ouncil.
Title 10, entitled "Use of Public Ways and 3, entitled "Commercial Use of
Sidewalks," Section 5, entitled "Use by Mobile Vendors," ~ereby 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 filed with the City Manager or designee
by any person or group of persons ~se the public right of way as provided in
this Chapter. If the applicant is not; the applicant shall identify a natural
person who has authority to act the with regard to the mobile vending
operation.
b. All applications for mobile vendor must be by January 31 of the calendar
year for which the permit will be
c. Applications shall be made on City Manager or designee.
2. General Provisions
a. No more than five (5) permi ~hall be issued each lear for the City Plaza and
no more than two (2) shall be issued each ~lendar year for the 100, 200, and
300 blocks of Iowa Avenu~
b. No tobacco be offered for ~
c. At a minimum, mobile shall operate during following hours from May 1 to
October 1: (1) 11:00 a.n . to 2:00 p.m. on Monda, Saturday; (2) 5:00 p.m. to 8:00
p.m. on Thursday thr Saturday; and (3) three (3) hours each day on
Monday through Wed as selected by the permitee.
3. Application Form
The application form sh; contain the following information:
a. Name, address, ~hone number of the applicant.
b. An acknowledgem to be signed by a natural person authority over
the permitted use sidewalk.
c. List of past permi issued. \
d. Description product to be sold.
e. Req of operation.
f. Electrical ~ ~ces to be used.
g. Fuel needed to ' ~ment.
h. Hours "
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 obli! to pay by reason of
any liability imposed upon the city for damages of any kind from use of public
property and the public right of way, whether sustained by or person, caused
by accident or otherwise and shall defend at its ~nd on behalf of the City
any claim against the City ari~,ing out of the use ' and the public right of
way.
n. Acknowledgment that the applicant has contacted ~ Johnson County Health
Department and has reviewed health code req
o. Insurance is required in a reasonable amount to minimize risk of harm to
persons and property based on the intended use determined by the City's Risk
Manager.
p. Anyother information' City inds necessary.
B. Issuance or Denial of Permit
Standards. The City Manager designee shall grant f the application for a mobile vendor
permit in writing within a time, which shall mailed by ordinary mail or personally
delivered to the applicant, and e reasons therefore later than sixty (60) calendar days after
the application being filed, gth time which is be determined by the type of
use requested, the information su the time the ~lication is filed, and the extent of advance
preparation and planning demonstrated d. The City Manager or designee shall
issue a permit if the following conditions mE
1. A mobile vending location is able not interfere the free movement within the
emergency/service lane.
2. The applicant's proposed mode will not impede the free flow of pedestrian
traffic along the public ~ut of adjacent properties.
3. The applicant agrees to operate the licant's business only at assigned mobile vending
locations.
4. The dimensions of the applicant's ven cart shall not exceed a size of four feet (4') wide
by nine feet (9') long by eight feet (8')
5. The applicant has adequate mobile vending cart off the city plaza or public
right of way. \
6, The applicant has obtained alt p~mits required by the county department of
health.
7. All applicable fees have been pak
8. The application is fully complete~/ hd executed. '~
9. The indemnification agreement I)1; i been signed.
10. A certificate of insurance showi~ ;ompliance with th'~ section has been provided.
11. The application contains no mCtCrial falsehood or misrepresentation.
12. The applicant has not dama¢¢~ City property, and if~he applicant has, the damage has
b~en paid in full, and the ap¢l~cant has paid all other o~tstanding and unpaid debts to the
Contents and Condil ons of Perrr~ fT'he permit shall contain the following i)~formation:
1. Permitee's name, telep~ ~e number, and address.
2. Time, date and place bf activity.
3. The permitee's mobil, location.
4. Such other inform that the City Manager or designee finds necessary for the
enforcement of this
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 disaster, public
calamity, riot or other emergency, the public safety req~
2. The permitee has misstated any material fact in the application.
3. There is.a substantial and material variance between the informatio the application and
the actual facts or those facts which appear reasonably to
4. The permitee is operating a mobile vending cart in violation of the I permit.
5. The permitee's insurance~ cancelled.
6. The permittee violates an
A permittee may appeal manner as the issuance or denial
of a permit.
F. Fees. Fees for mobile vendir qits shall be set by resolutic if City Council.
G. Administrative Rules. The City ~nager is authorized administrative rules not
inconsistent with any , out the provisions Chapter. A copy of said rules
shall be on file with the City Clerk.
Title 10, entitled "Use of Public Ways Property," Chap 4, entitled "Posting Bills" is hereby
amended by changing the title of chapter 4 from Handbills."
Title 10, entitled "Use of Public ~ys and entitled "Posting Bills," Section 1,
entitled "Definitions," is hereby amended
COMMERCIAL HANDBILL: Any any sample or device, circular, leaflet,
pamphlet, paper, booklet, or any other reproduced original or copies of any
matter or literature: (1) which advertises for merchandise, product, commodity, or thing
(2) which directs attention to any business or or commercial establishment, or other
activity, for the purpose of either directly or ind the interests thereof by sales; (3)
which directs attention to or advertises any ~g, theatrical performance, exhibition, or event
of any kind, or (4) which, while containin matter other than advertising matter, is
predominantly and essentially an is distributed or circulated for advertising
purposes, or for the private benefit am person so engaged as advertiser or
distributor.
NONCOMMERCIAL HANDBILL: Any ~atter that is not a newspaper.
PERSON: Any natural or association or other business entity
including, but not limited to, a tip, a sole ;hip, a political subdivision, a public or
private agency of any kind, a utility,; of any of the foregoing, or any other
legal entity.
Title 10, entitled "Use of Public ~d Properly," Chapter, ,~ntitled "Posting Bills," Section 1,
entitled "Definitions," is hereby deleting the definition ~illposters and distributors" in its
entirety.
Title 10, entitled "Use of Public and Property," Chapter 4, led "Posting Bills," Section 2,
entitled "Manner of Distribution Distributions of is hereby amended by
deleting Section 2 in y and in its place the following:
Distribution of and noncommercial handbills ~all be made in such a
manner so as public nuisance.
Title 10, entitled "Use of Pub Ways and Property," Chapter 4, entitled Bills," is hereby
amended by adding as entitled "Posting of Handbill Prohibited,"
In the right-of-way or or land, no person shall post, stick, stamp, r otherwise affix, or
cause the same to be ~ne by any person, any commercial handbill or nonc~:0mercial handbill
calculated to attract the attention of the public, upon any right-of-way or any la' mp 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 Property," Chapter 5, entitled "City Plaza," Section 1,
entitled "Purpose and Intent," is hereby amended by adding new Subsections E and F as follows:
E. Supporting economic activity by allowing vendors to sell their goods in City Plaza,
F. Ensuring safe movement of pedestrians in City Plaza. ~
Title 10, entitled "Use of Public Ways and Property," Chapter 5, entitled "City Section 2,
entitled "Definitions," is hereby amended by adding the following new definitions:
AMBULATORY VENDOR PERMIT: Written authorization by the City of public property,
including public right of way, by an ambulatory vendor as provided in
APPLICANT: A person who applies for a permit as provided
MOBILE VENDOR PERMIT: Wri~en authorization by the City for use of ~perty, including
public right of way, by a mobile vb~ndor as provided in Chapter 3. /
NEWSPAPER: Any newspaper or, general circulation as defined by er any newspaper
duly entered with the U.S. Postal ~ervice, in accordance with fede,¢l statute or regulation, and
any newspaper filed and recorded v~th any recording officer as prC/ided by general law. And, in
addition thereto, shall mean and include any periodical or curren~t' magazine regularly published
with not less than four issues per year,'~nd sold to the public. /
PERSON: Any natural or corporate I~rson, business asso,,~iation or other business entity
including, but not limited to, a partnership,'~ sole proprietorshi¢, a political subdivision, a public or
private agency of any kind, a utility, a succ~sor or assignee ~f any of the foregoing, or any other
legal entity. ~
PUBLIC RIGHT OF WAY: The area on or I~low a roadway, highway, street, cartway,
bicycle lane, alley, and public sidewalk which' for vehicular, bicycle or pedestrian
travel and dedicated to public use, including Ci!
ZONE 1: The ten-foot (10') strip directly abutting te property lines in City Plaza. Zone 1
extends the length of the City Plaza along all side~ Plaza. Zone 1 is illustrated on the City
Plaza Map that is kept on file in the which can be amended, from time to
time, by resolution of the City Council.
ZONE 2: The six-foot (6') pedestrian lanes in the £ ~laza adjoining Zone 1 on each side, the
landscaped areas, the areas with street furnitur ares and other areas as specified on the
City Plaza Map. Zone 2 is illustrated on the City ~ that is kept on file in the office of the
City Clerk, which can be amended, from time to I City Council.
ZONE 3: The emergency/service lane in City Zone is illustrated on the City Plaza Map
that is kept on file in the office of the City CI( which can'be amended, from time to time, by
resolution of the City Council.
Title 10, entitled "Use of Public Ways and 5,,entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended of "ambulatory vendor" and "kiosk" and
by substituting in their place the following new defini
AMBULATORY VENDOR: A person selli or services, including arts and crafts, while
moving through Zones 1, 2 and 3 and without the use of a mobile vending cart and with
a minimum of equipment such as a balloons and a portrait artist.
KIOSK: A small, public-owned structu~ is stationary and that contains newspaper vending
units.
Title 10, entitled "Use of Public Ways J Property," Chapter 5, entitled "City Plaza," Section 2,
entitled "Definitions," is hereby amended the definitions of "mobile vending cart" and "mobile
vendor" in their entirety.
Title 10, entitled "Use of and Property," Chapter 5, entitled "City Plaza," Section 3,
entitled "Description of Mall Zones amended by deleting Section 3 in its entirety.
Title 10, entitled "Use of Public and Property," Chapter 5, entitled "City Plaza," Section 4,
entitled "Bicycle and Nonmotorized Ve Restrictions," is hereby amended by deleting Section 4 in its
entirety and by substituting the followir its place and renumbering it Section 3:
A. Bicycles. No person shall rid, :he city plaza; no bicycles shall be left unattended
within city plaza unless rack; no bicycle shall be locked or affixed to any post
or structure other th;
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 property which does not otherwise abut a public right ' other than
city plaza may be granted continuous motor vehicle authorization upon a sh~ that such is
necessary to provide for the delivery of goods to or from the businE shall
allow the vehicle within the city plaza only during active loading and unloadir
B. Any person may be granted such authorization upon a showing that the pi; or operation of
a motor vehicle upon city plaza for a specified, limited period of time is ~ for delivery or
other legitimate purpose.
Title 10, entitled "Use of Public Ways and Property," Chapter 5, Plaza," Section 6,
entitled "Removal of Snow and Ice Accum from Building Runoff," amended by deleting
Section 6 in its entirety and by substitutin¢ e following new section in its renumbering it Section
5:
Removal of accumulations of ice in Zone 1 of city resulting from building runoff
shall be the responsibility of the adjoining ~ owner.
Title 10, entitled "Use of Public ~ys Property," Chapte~ entitled "City Plaza," Section 7,
entitled "Animals Restricted," is hereby in its entirety and by substituting the
following new section in its place and renumberin it Section 6:
No person shall take, accom ~ any animal city plaza except as permitted in Title
8, Chapter 4, Section 12 of the Code. ' ' sh not apply to an animal trained to assist
persons with disabilities or an s securel within an animal carrier, kennel,
cage, or crate and does not create a public
Title 10, entitled "Use of Public Ways and 5, entitled "City Plaza," Section 8,
entitled "Use of City Plaza," is hereby amended Section 8 in its entirety and by substituting the
following new section in its place and renumberin 7:
A. No commercial use of city plaza is allowed : as authorized in this Chapter.
B. Private Uses Authorized in Each Zone
1. Zone 1:
a. Ambulatory Vendor Permits, Arts Vendor Permits, Sidewalk Caf6 Permits,
Parade/Public Assembly Permits.
b. Building extensions where, in sole ment of the city council, such extensions
enhance the quality of city plaza.
c. Landscaping with the permissio ~ager or designee.
d. Display window exten~, ~ the City Manager or designee
e. Building front and/or basemer extensions, extension is the same
as the store activity with the Vlanager or designee.
2. Zone 2:
a. Permits issued under his
b. Landscaping with the per or designee.
c. Newspaper racks.
d. Temporary placement E jects and authorized herein.
3. Zone 3:
a. Ambulatory
C. Modification Of Plaza Land City Plaza landscaping be modified or removed to a
limited extent if the net enhances the ambience of the Cit and if approved by the
City Manager or desk In such cases, the person must to restore the City Plaza
landscaping to its condition and provide a bond or account in an amount
determined ~gnee.
D. Days and Hours of Operation: Buildings extended onto the City are to be open at least
during normal retail b~sir~ess hours, Monday through Saturday, 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 eve~ covered by the
permit or to accept full responsibility for safe activity or event and to d~fend the City, its
officers, agents and employees with regard thereto.
/
F. Newspaper Vending Units in Kiosks:
1. Newspapers ma~ ~g units in the kiosks.
2. Upon the filing of an application b a newspaper with the City gnee and upon
payment of an annual of each by City Council
resolution, the City able one unit in a kiosk. Each utilize only
one unit unless the number of a does not exceed the
3. If the number of applications eds the available kiosk the City will handle the
applications on a lottery basis, to by the City Ma ignee prior to April
1 of each year. After com lottery, if needed, Manager or designee shall
provide written notice of the to the requE newspapers. The selected
newspapers shall pay the annual; gnee.
4. The newspaper which pays the fee and a space may not affix a
logo or sign to its assigned unit.
5. Nothing in this subsection to limil interfere with alternative methods of
distribution available to newspapers throL as permitted by federal law.
G. Placement of Noncommercial and ~d Structures.
1. No person shall place any free-standing nercial object or structure in City Plaza
without authorization issued by the City r designee.
2. To obtain authorization, the person shall rm the City Manager or designee of the
proposed duration of the placement, the :1 location of the object or structure, and the
physical dimensions of the obj
3. Upon receipt of such information, the City I ,r or designee shall promptly authorize the
display in Zone 2 only for a maximum of days in any one-year period, unless the
City Manager or designee finds that said pede the flow of pedestrian
traffic at the proposed location. If the or designee finds that said object or
structure will impede the flow of traffic; the proposed location, then the City
Manager or designee shall deny the ting.
4. Any party aggrieved by the City or decision to grant or deny such
authorization may appeal the d~ if, within five (5) working days
after the decision, the party files t,,ritten notice I with the City Clerk. In such event,
a hearing shall be held by the Ci ' Council next regularly scheduled meeting,
assuming the appeal is filed in t e to allow notice of said ance with Chapter
21 of the Iowa Code. Upon s~ hearing, the City Coun( based upon the standards
enumerated herein, reverse, or modify in any regard e City Manager's or designee's
decision. The City Council's is the final decision.
5. No person shall place any I commercial ob in City Plaza.
Title 10, entitled "Use of Public and Property," Chapter 5, ed "City Plaza," Section 9,
entitled "City Use Permits," is amended by deleting Section 9 in by substituting the
following new section in its place, ret nbering it Section 8, and by Section 8 as "Uses of City
Plaza":
A. Mobile Vendors: The req~ 9ments for mobile vendors in City Plaza identical to those for
mobile vendors as provid~ in Title10, Chapter 3, Section 5 of the Code.
B. Ambulatory Vendors:
1. Application for
a. Filing Applicat
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 to the
ambulatory vending operation.
(2) All applications must be received at least five (5) working days before the
proposed start of operations.
(3) Applications shall be made on forms prepared by the City Manage 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 he or she has the
authority to act on behalf of the ambulatory vending
(3) List of past permits issued.
(4) Product to be sold.
(5) Hours of operation.
(6) Months of operation.
(6) agree to:
pay on behalf of the ' all sums which the shall be obligated to pay by
reason of an' upon the damages of any kind resulting
from use of public whether sustained by any
person or person, caused accident or and shall defend at its own
expense and on behalf of City any clai the City arising out of the
use of public property and ublic right
(7) Acknowledgment that the has the Johnson County Health
Department and Jirements.
(8) Fee.
(9) Insurance is required in a reasona[' nt necessary to minimize risk of harm to
persons or property based on the n~ and size of the event, as determined by
the City's Risk Manager. The ' ~ requirement may be waived if applicant
demonstrates inability to obtain ' or to pay the cost of insurance.
(10) Any other information that the Cit r or designee finds necessary.
2. Issuance or Denial of Permit
Standards. The City Manager or desi 'ant or deny the application for the
ambulatory vendor permit within a reasona shall be mailed by ordinary mail or
personally delivered to the applicant and ater than sixty (60)
working days of the application being file The length ~ time which is reasonable shall be
determined by the type of use the informatio~ Jpplied, the time the application is
filed, and the extent of advance pre~ ation and demonstrated and reasonably
required. The City Manager or des shall issue an mbulatory vendor permit if the
following conditions have been or will
a. The application is received at five (5) working before the proposed start of
operations.
b. The applicant will operate without the use of a mobile vendin~
~cart and with a minimum of
equipment.
/
c. The applicant's proposed m/bd? of operation will not impede ~he free flow of pedestrian
traffic along the city plaz~ right of way, nor shall it interfere with such pedestrian
movement into or out of re,fail establishments fronting on the plaza.
d. The applicant will conduc~/the vending corn pletely within the boundaries of city plaza.
e. The applicant has obtair~ed 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 a~reement has been signed.
i. A certificate of insur~hce showing compliance with this section has been provided.
j. The application cont/ains no material falsehood or misrepresentation.
k. The applicant is le~;~lly competent to contract and to sue and be sued.
Ordinance No.
Page 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.
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 for the
enforcement of this Chapter.
Contents and Conditions of Permit. The permit shall contain the following informati
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 for the
enforcement of this ordinance.
3. Appeals
Any party aggrieved by the City Manager's or designee's decision deny a permit
under this Chapter may appeal the determination to the City Council within ten (10) working
days after the decision, the party a written notice of appeal the City Clerk. In such
event, a hearing shall be held by City Council no later than at next regularly scheduled
meeting, assuming the appeal is in time to allow notice of appeal in accordance with
Chapter 21 of the Iowa Code.
Upon such hearing, the City :il may, based upon tt' standards enumerated herein,
reverse, affirm or modify in any the City Manager's designee's decision. The City
Council's decision is the final decision.
4. The sale, transfer, or assignment ot ver permit for city plaza is expressly
prohibited
5. Revocation of Permit.
The City Manager or designee, or Cit g an appeal, is authorized to
revoke an ambulatory vendor permit
a. The permit has failed to com pter
b. The permitted activity creates an to pedestrian use of the City Plaza or a
nuisance or violates of any statute, law, r~ Jlation involving the permitted event
c. It is necessary to protect health or: determined by the Police Chief or designee
or Fire Chief or designee
d. The permitee has misstated an' the application
e. There is a substantial and material information in the application
and the actual facts or those facts wh reasonably to have occurred
f. The permitee is operating in violatior and conditions of the permit or
g. The permitee's insurance
A permittee may appeal in the sam as appealing the issuance or
denial of a permit.
6. Fees. Fees for ambulatory vendor ~ resolution of the City Council.
C. Permanent And Temporary City Mana r ~or designee, upon approval of city
council, may enter into an the sale or lease of~ublic right of way in the city plaza
for the construction of an addition to existing store front or'~or the temporary or seasonal use
of zone I by the owner or operator~ abutting property. Said I~?se or sale shall only be entered
into after careful consideration and/~ surance that the following~conditions have been or will be
mat: ! \
1. Building Design: / ~
a. Additions to buildings ,/sha be harmonious in scale )~nd design with permanent
neighboring structures a~hd with the City Plaza. ~
b. Materials shall be suitable for the style and design of building~in which they are used.
c. Materials which are ~/'chitecturally harmonious shall be used~for all building walls and
other exterior buildin /components wholly or partly visible from p~blic ways.
d. Selection of material shall be guided by the following: ~
(1) Harmony witl djo ning builc ings. ~
(2) Relationship the brick and wood theme of City Plaz~ ~
(3) Materials sh of durable quality.
e. Building such as windows, doors, eaves and parapets',~.shall have good
proportions and r~ ~ 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 gs shall be
screened from public view with materials harmonious with the build or shall be located
so as not to be visible from any public ways.
h. Exterior lighting shall be part of the architectural concept. Fi: standards and all
exposed accessories shall be harmonious with building design
2. Signs:
a. All signs shall be part of the architectural concept. Size, lettering, location and
arrangement shall be harmonious with the building be compatible with
signs on adjoining buildings.
b. Materials used in signs shall have good architectural ch be harmonious with
building design and the materials used in the Cit
c. Every sign shall express, in ip to
buildings and surroundings.
d. Colors shall be used harmonious and with restrail Excessive brightness and brilliant
colors shall be avoided. Lightin! shall be harmor the design. If external spot
lighting is used, it shall be arran¢I so that the Ii(
3. Additional Criteria:
a. The Design Review Commil from time ime, formulate additional design criteria
for the review of proposed to this Chapter. Such criteria shall
become effective when adopted by resolution.
b. No building permit for the any temporary structure or any building
extension to be constructed pursuan s Chapter shall be issued until plans for said
construction have been reviewed by Review Committee and approved by the
City Council. The Design 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 to the City Council and the applicant. City
Council approval of the plans shall J~re a majority of votes cast at any meeting at
which a quorum is present.
4. Illumination: Nighttime interior illumir all building fronts and basement extensions,
display window extensions is required during hours of operation.
5. Construction Costs: All costs of con/Struction to be paid by the permittee, including costs
of damage or repair to the City Pla~a caused I construction.
Title 10, entitled "Use of Public Ways an)d ;hapter 5, entitled "City Plaza," Section 10,
entitled "Permit Application Procedures," is by deleting Section 10 in its entirety and
substituting in its place the following new
Any violation of this Chapter shall be, a sim misdemeanor or municipal infraction as
provided for in Title 1, Chapter 4 ofthi
Title 10, entitled "Use of Public and Property," 5, entitled "City Plaza," is hereby
amended by adding a new Section Rule
The City Manager is to establish admini., rules not inconsistent with any
ordinance to carry out the pter. ~ of said rules shall be on file with the
City Clerk. /
Title 10, entitled "Use of Public V'~ays and entitled "City Plaza," Section 11,
entitled "Fees," is hereby amended by,Ueleting Section 11 in its
Title 10, entitled "Use of Public i('Vays and Property," entitled "City Plaza," Section 12,
entitled "Termination and Revocation, of Permits and Leases by deleting Section 12 in
its entirety. /
Title 10, entitled "Use of Publ~ Ways and Property," Chapter "Parks and Recreation
Regulations," Section 1, entitled "Dbfinitions," is hereby amended by addin the following new definitions:
APPLICANT: A person w~) applies for permit as authorized in this ~apter.
PERSON: Any natural cC corporate person, business or other business entity
including, but not limited t(~, a partnership, a sole proprietorship, a a public or
private agency of any kind, a utility a successor or assignee of any of ; foregoing, or any other
legal entity. ~
PARK FACILITY: A baseball field, softball field, soccer field, tennis 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, bicycle lane,
alley, and public sidewalk which is designed for vehicular, bicycle or travel and
dedicated to public use.
SPONSORING AGENCY: Any organization or group, regardless it is legally
constituted, and including but not limited to corporations and partners 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 9 real property,
used for persons walking, joggir skateboarding, in line bicycling or motorized
devices designed for and used by th disabilities.
Title 10, entitled "Use of Public Wa and Property," Chapter 9, "Parks and Recreation
Regulations," Section 1, entitled is hereby amended by d~ the definitions of "parade"
and "park, public park" and substitutinc new definitions:
PARADE: A march or procession persons, vehicles or other forms
of transportation, such as bicycles, combination in or upon the public right of way
or in a park that necessitates ~ the exclusion, ' in part, of use of the public
right of way, including a park by others Fu .~rel not be deemed to be included in
this definition and shall not be considered.
PARK, PUBLIC PARK: Any park or pla ~d owned City, including streets,
trails, and roadways therein.
Title 10, entitled "Use of Public Ways and Pr 9, entitled "Parks and Recreation
Regulations," Section 1, entitled "Definitions," is by deleting the definition of "public
entertainment" in its entirety.
Title 10, entitled "Use of Public Ways and Prop Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in arks and Playgrounds," is hereby amended by
deleting Section 2 in its entirety and substituting in its pi; the following:
In any park no person shall:
A. Damage To Property, Animals, Trees An<
1. Pick or destroy any plant materials or ¥ upon any flower beds.
2. Break or tear any limbs
3. Throw objects or missiles at any anin nolest any animal or bird in any way.
4. Tear down, mutilate, destroy or cai away any constructed under the authority of the
City Council or the Parks and Departm lt.
5. Tear down, mutilate, destroy any building,: picnic table, grill, or any
personal property owned by the
B. Motor Vehicles And Traffic:
1. Park any vehicle in any area, g is prohi posted signs.
2. Drive any vehicle within any driveways and parking
areas of such parks, motorized devices for and used by persons with
disabilities.
3. Drive any vehicle within park at a speed in excess [15) miles per hour, unless
otherwise posted.
4. Drive any vehicle in the direction upon street within a park.
C. Weapons: Carry firearms into any park.
D. Animals:
1. Bring, cause or perr~t any pet to enter into any park such animal is on a leash or
confined either a re,cie or in a cage, kennel, crate,
2. Ride any horse in,ny park except upon streets and then only if the horse-rider
provides for the imCeediate disposal of solid waste mat .,d by any animal.
3. This provision sh~ll not apply to an animal trained to assist or with disabilities or to a
person issued a ~iermit as authorized in section 8-4-12,
E. Fires: Build or aid e/hal abet the building of any fire in any park, :& in stoves or fireplaces
designated for such/purposes.
F. Alcoholic Beverage~. Possess or consume any beer or alcoholic bevera in any park.
G. Practice Golf: Prect~e 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 whether on foot or in a
vehicle, or permit any vehicle to remain parked in any park the hours of ten thirty
o'clock (10:30) P.M. and six o'clock (6:00) A.M. unless special authorization by the
City.
2. From April 15 to October 31, the hours shall be from eleven P.M. to six o'clock
(6:00) A.M. in City Park and Mercer Park.
3. Occupy, whether on foot or in or permit le to remain parked from dusk to
dawn at the following parks: , F Park, Hickory Hill Park, and
Ryerson's Woods Park. thirty (30) mi~ after the time designated each
calendar day as "sunset" and means thirty (3 minutes before the time designated
each calendar day as the United Naval Observatory for Iowa City,
Johnson County, Iowa. Said Jesignations be accessed via the internet at
<http://aa.usno.navy.mil>.
J. Bicycles And Nonmotorized Vehicles:
1. No person shall travel upon nonmotorized vehicle within Chauncey
Swan Park
2. Persons may travel upon or operate and nonmotorized vehicles in all other City
parks except where posted as only to the extent the nonmotorized vehicles
are used in a safe manner so as not to in or property.
3. This provision shall not apply to a with disabilities using a nonmotorized device
designed for a person with disabilities.
Title 10, entitled "Use of Public Ways and ;hapter 9, entitled "Parks and Recreation
Regulations," Section 3, entitled "Traffic and Parki~ ~lations," is hereby amended by deleting Section
3 in its entirety and substituting in its place the foil
A. Duties Of Director: The Director is and directed to: 1) designate streets and
drives for use within the parks; 2) desi! areas for the parks; and 3) prohibit, regulate
or limit stopping, standing or parking vehicles the streets, driveways and parking areas in
the parks at all times or during Director shall also cause signs to be posted
designating streets, drives and areas o~ regulating or limiting stopping,
standing or parking in the parks.
B. Vehicle Owner Prima Facie Res : If any vehicle is found stopped, standing
or parked in any manner ' ' of ~is Chapter and the identity of the operator
cannot be determined, there is rebuttable that the owner is responsible for such
violation. /
Title 10, entitled "Use of Public )Nays and Property," C 9, entitled "Parks and Recreation
Regulations," Section 4, entitled "Fac)flity Permit," is hereby am Section 4 in its entirety
and substituting in its place the follovCng: ,
A. Permit Required: It shall be/unlawful for any person or of persons to use any park or the
facilities of any park withou/t complying with the reqL of Title 10 Chapter 1 including first
having obtained a parade/public assembly p,ermit if a
B. Secured Shelter: No per~on or sponsoring ¢ ,~ a secured shelter without obtaining
the authorization of the Director or designee.
C. Park Facility: Any pers~/n or sponsoring agency may 3 park facility by completing a filing
an application,,with the I~irector on a form prepared b~
Title 10, entitled Use of Public Ways and Property," Chapter entitled "Parks and Recreation
Regulations," Section 5, enticed "Fees for Use of City Park Areas and Facilities,"
Subsection B is hereby amenjJed by deleting Subsection B in its and substituting in its place the
following: / ~
B. Reduction or Waiverjof Fees: Notwithstanding the above, the ~tor is authorized to reduce or
waive fees for use ~pf park facilities or equipment for affi iate )u)~s or organizations providing
public recreational (~lpportunities and which are under the sp. 3rsh, ip or co-sponsorship of the
Parks and Recreatidn Department. ~
Title 10, entitled "Use ofkPublic Ways and Property," is hereby amended by~dding 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 Depadment.
FARMERS MARKET: An open-air market sponsored by the City in the Chauncey Swan parking
ramp that is intended to provide an oppodunity for individuals to sell permitted items that are
grown or produced by them, which conform to all applicable city, county, ~ health and
safety provisions, including state department of agriculture regulations.
FARMERS MARKET VENDOR: Person who is authorized pya stall
and to sell items in the Farmers Market.
PERSON: A natural person.
SEASON VENDOR: A Farmers Market Vendor who is authorized y to occupy a stall for
the entire season.
STALL: A space designated Director in the Farmers : that a Farmers Market Vendor
is authorized to occupy in order to .~ items consistent with
10-11-2: REGISTRATION
A. Authorization Required. No per offer f sale any item at the Farmers Market
without authorization from the D or designee.
B. Obtaining Authorization. In orde to receive a person shall register with the
Director at least one (1) day in dvance of date on a form prepared by the
Director.
C. Registration Form. Th, ]istratior ~g information:
1. Name, address, and
2. Agreement to indemnify the
10-11-3: STANDARDS FOR GRANTING ~ ON
The Director or designee shall examine istration 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 f Market authorization revoked in the last year.
D. If there are not ~ who apply for a stall, a Season Vendor from
the previous calendar year shall over a person who was not a Season Vendor
from the previous calendar yea~
10-11-4: APPEALS
A. Any pady aggrieved by the d, :hi )irector to grant or deny authorization under this
Section may appeal within (10) days of the date of the decision by filing a
written notice of a
B. The hearing shall be the City who may reverse, affirm or modify, in any
regard, the determinatio the Director upon the standards enumerated herein.
The City Manager's dec the final decisi of the City.
10-11-5: REVOCATION OF
A. Authorization may be the Director if:
1. The Farmers Market material facts on the registration form
2. There is a material '~ between the on the registration form and the facts
reasonably ascertained by the Director,
3. When, by reason of/disaster, public calamity, riot other emergency, as determined by the
Director, City Manager, Fire Chief, or Chief of Poli~ that the safety of the public requires
such revocation.
4. The Farmers Ma/ket Vendor is operating in violatio ~ of the terms and conditions of the
authorization. /
B. A person may ~ppeal a revocation of authorization i~ ~e same manner as appealing the
denial of authorization as provided in this chapter.
10-11-5: ADMINIS~]'RATIVE RULES
The Director is au~qorized to establish administrative rules, ~py of said rules shall be on file
with the City Clerl~
10-11-6: FEES/
Fees for authorization of a Farmers Market Vendor shall be ed 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 parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or ~
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in its final passage, approval
and publication, as provided by law.
Passed and approved this __
MAYOR
ATTEST:
CITY CLERK
ApDr~ved~/,.~,~~by
C~ty 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 thero were:
AYES: NAYS: ABSENT:
Bailey
Champion
· , Elliott
~ Lehman
~ O'Donnell
Vanderhoef
Wilburn
First Consideration 3/16/04
Voteforpassage:AYES:' Elltott, Lehn l, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT:
Second Consideration
Vote for passage:
Date published
Page 1 of 2
Marian Karr --~/,~_
From: Eleanor M. Dilkes
Sent: Monday, April 05, 2004 4:59 PM
To: 'Eric Fisher'
Cc: Caroline Dieterle; julie-spears@uiowa.edu; deProsse, Carol; Klein, Garry; Hanna B Weston; Peter J. Hansen;
Evan Fales; rdbailey@avalon.net; robgiv@mchsi.com; *City Council
Subject: RE: Title X Memo
Eric,
This message will be brief (and likely not in proper Blue Book form!) but time is short as I want to address this with Council
at tonight's meeting.
I have reviewed the cases you cite in your memo as well as the cases my office reviewed when drafting the ordinance
revisions, The most cited case by the highest court which has addressed the issue head on is the 1983 7th Circuit
opinion in Eastern Conn. Citizen Action Group v. Powers. This case invalidated an insurance requirement as applied and
stated: "nor do we suggest that DOT's fee and insurance requirements would not be valid when reasonably
applied." See, for instance, Rock Against Racism v. Ward, 636 F,Supp. 178 (S.D.N.Y. 1986) in which the Court relied on
the Powers case to reject an on the face challenge to an insurance requirement. See also the Eighth Circuit's decision in
Jacobsen v. Harris, 869 E2d 1172 (Sth Cir. 1989) in which the Eighth Circuit rejected a facial challenge to a mandatory
insurance requirement in a newsrack ordinance, citing the Powers case.
We relied on Powers in revising the ordinance to require a risk assessment and to allow waiver upon demonstration of
inability to pay or obtain. With the exception of the Long Beach case ( an opinion by a mid-level California state court), all
the cases you cite turned on the application of an insurance requirement to a particular event. Moreover, the ordinance in
the Long Beach case (as well as those in the other cases you cite) contained no standard to guide the discretion of the
administrator,
Title 10's permit scheme, including the insurance requirements, also must be examined in light of the United States
Supreme Court's most recent decision. Title 10's permit scheme is very similar to the park district permit scheme upheld
by a unanimous Supreme Court in 2002 in the case of Thomas v. Chicago Park District. As in the Thomas case it is
quite clear that the purpose of Title 10's permitting scheme "is not to exclude communication of a particular content, but to
coordinante multiple uses of limited space, to assure preservation of park facilities, to prevent uses that are dangerous,
unlawful or impermissable under the Park District's rules, and to assure financial accountability for damage caused by the
event."
I disagree with your conclusion that because the Risk Manager must consider the "nature of the event", she must make a
content-based decision. While I don't think it is necessary (nor will it alleviate the need for an as applied challenge if an
administrator in the future makes an unreasonable/content-based decision), to address your concern I will advise Council
to include an additional amendment which states: "The speech content of the parade or public assembly shall not be a
factor in determining the amount of insurance required"
I attempted to reach you by phone but was unsuccessful. Please call me if you would like to discuss this further.
..... Original Message .....
From: Eric Fisher [mailto:efisher204@yahoo.com]
Sent: Monday, April 05, 2004 9:45 AM
To: eleanor-dilkes~iowa-city.org
Cc: Caroline Dieterle; julie-spears~uiowa.edu; deProsse, Carol; Klein, Garry; Hanna B Weston; Peter J. Hansen; Evan Fales;
rdbailey~avalon.net; robgiv~mchsi.com
Subject: Title X Memo
Eleanor:
4/5/04
Page 2 of 2
I would like to apologize for my lack of preparation at our previous meeting. Following the meeting, I
extensively researched the concerns expressed and prepared a memo, which has gone through a fairly
thorough revision and discussion. As explained in the memo, it is my opinion that the proposed liability
and indemnification requirements as contained in the proposed ordinance are unconstitutional. Please feel
free to call me at my office 335-3276 for further discussion. Thank you for listening to our concerns and
your input.
Eric K. Fisher
*** eSafe scanned this email for malicious content
*** IMPORTANT: Do not open attachments from unrecognized senders
4/5/04
16
klm
DATE: 03/31/04
TO: City Council
FROM: Eleanor Dilkes, City Attorne
RE: Private Use of Public Land
Today Sue Dulek and I met with Regenia Bailey and three representatives of the Iowa Civil Liberties
Union to discuss their remaining concerns about the provisions of Title 10 dealing with parades and
public assemblies. After discussion, we agreed on the following changes:
· Spontaneous Events. Two changes are proposed to section 10-1-1B(3). First, language would be
changed from "[s]pontaneous events occasioned by news or affairs" to "[s]pontaneous events
responding to news or affairs." The second change would require that notification be given to the
"city manager or designee" instead of "the City." Section 10-1-1B can be found on p. 2 of the
ordinance that passed first consideration on March 16.
· Insurance/Indemnification for Gatherinqs of Persons in Parks. At the last Council meeting, the
insurance and indemnification requirements for parades and public assemblies held entirely on city
plaza or the sidewalk and consisting solely of people without any equipment or objects was deleted.
The proposed change extends this to parks. See section 10-1-3B(13) and (14) p. 3 and section 10-
1-4A(11) and (12) on p. 4.
· Applicant and Contact Person for Parade or Public Assembly Permit. For example, the applicant
may be a nonprofit corporation, and the person who has the authority to sign the application may
not necessarily be the person who is the City's contact person on the day of the event. The change
clarifies this distinction and does not require either person to be "in charge" of the event. Section
10-1-3B(2) would be amended to read: An acknowledgment to be signed by a natural person that
he or she has the authority to act on behalf of the group that is requesting the permit. Section 10-1-
3B(7) would be amended to read: Names and contact information of the person(s) to be present at
and who will serve as the contact person(s) for the applicant of the proposed parade or public
assembly. Section 10-1-3B(2) and (7) can be found on p. 4.
· Cost of Police Protection. Section 10-1-9B would be changed so that participants of a parade or
public demonstration would not be required to pay for any additional police protection as long as the
"primary purpose" was public issue speech rather than the "sole purpose." Participants may
incidentally sell, for example, buttons or bumper stickers, but that does not change the nature of the
event to a commercial endeavor. Because these participants are nonetheless primarily engaged in
"public issue speech," they should not be required to pay for any additional costs. Section 10-1-9B
can be found on p. 5.
City staff finds these changes to be acceptable. You may adopt these amendments by motion. The
proposed amendment to the insurance and indemnification requirements in a park is a substantive
change, and if that amendment is made, a first reading is required. I will have a revised ordinance
reflecting these proposed changes for you at the work session on Monday, April 5.
Copy to:
Steve Atkins Marian Karr Terry Trueblood
Dale Helling Erin Herting Sue Dulek
Marian Karr
From: Carol deProsse [deprosse@avalon.net]
Sent: Wednesday, March 31, 2004 1:03 PM
To: julie-spears@uiowa.edu; council@iowa-city.org; eleanor-dilkes@iowa-city.org; sue-
dulek@iowa-city.org
Cc: Eric Fisher; Robert Givens; Caroline Dieterle; Klein, Garry; Hanna B Weston; Peter J. Hansen;
Evan Fales; bstone@iowaclu.org
Subject: Re: Thanks Re: Title 10 Ordinance Changes
I am also very pleased with the way this was managed and negotiated
between
the city and citizens. Regenia listened well, worked with dedication on
this
matter for us, and was always upfront about where she stood.
..... Original Message .....
From: <julie-spears@uiowa.edu>
To: <council@iowa-city.org>; <eleanor-dilkes@iowa-city.org>;
<sue-dulek@iowa-city.org>
Cc: "Eric Fisher" <efisher204@yahoo.com>; "Robert Givens"
<robgiv6mchsi.com>; "Caroline Dieterle" <caroline-dieterle@uiowa.edu>;
"deProsse, Carol" <deprosse@avalon.net>; "Klein, Garry"
<the3rdiowa@mchsi.com>; "Hanna B Weston" <icihbw@juno.com>; "Peter J.
Hanson" <pjhansen@ia.net>; "Evan Fales" <efales@blue.weeg.uiowa.edu>;
<bstone@iowaclu.org>
Sent: Wednesday, March 31, 2004 12:30 PM
Subject: Thanks Re: Title 10 Ordinance Changes
> Dear City Council-
>
> I just wanted to thank City Councilor Regenia Bailey and City
Attorneys
Eleanor
> Dilkes and Sue Dulek for meeting with the members of the civil
liberties
> community regarding proposed changes in Title 10 of the City Code.
>
> A very well thought out and negotiated balance between the City and
its
> residents emerged over the past several weeks in the interest of the
First
> Amendment of the Constitution of the United States. Iowa City is an
(even)
> better place for it, and I am personally grateful.
>
> Wth much appreciation-
>
> Julie Spears
> Iowa Civil Liberties Union, Board Member
>
> Julie Spears
> 1019 Church St.
> Iowa City, IA 52245
> 319.354.6589 home
> 319.335.4932 work
>
>
>
Marian Karr
From: julie-spears@uiowa.ed u
Sent: Wednesday, March 31, 2004 12:31 PM
To: council@iowa-city.org; eleanor-dilkes@[owa-city.org; sue-dulek@iowa-city.org
Cc: Eric Fisher; Robed Givens; Caroline Dieterle; deProsse, Carol; Klein, Garry; Hanna B Weston;
Peter J. Hansen; Evan Fales; bstone@iowaclu.org
Subject: Thanks Re: Title 10 Ordinance Changes
Dear City Council-
I just wanted to thank City Councilor Regenia Bailey and City Attorneys
Eleanor
Dilkes and Sue Dulek for meeting with the members of the civil liberties
community regarding proposed changes in Title 10 of the City Code.
A very well thought out and negotiated balance between the City and its
residents emerged ever the past several weeks in the interest ef the
First
Amendment of the Constitution of the United States. Iowa City is an
{even)
better place for it, and I am personally grateful.
Wth much appreciation-
Julie Spears
Iewa Civil Liberties gnien, Board Member
Julie Spears
1019 Church St.
Iowa City, IA 52245
319.354.6589 home
319.335.4932 work
MEMORANDUM
Date: April 4, 2004
To: Regenia Bailey
Eleanor Dilkes --~ =o -'FI
Sue Dulek
ICLU Members : :: : ~'~ ]
Iowa City Parade Speech Group
From: Eric K. Fisher, Esq.
Board Member, Hawkeye Chapter 1CLU
Re: Title 10 Parades and Public Assemblies, Proposed Changes
As an introduction, I wish to again apologize for not preparing properly for last month's
meeting, which might have saved everyone time and effort. Since that time, I have more fully
researched my primary concerns with the proposed ordinance: the spontaneous event language
and the liability and indemnification language. It is my conclusion, that while there are small, if
any, problems with the revised "spontaneous event language," the liability and indemnification
sections are unconstitutional and should be removed in their entirety from the proposed
ordinance. Stated below am the results of my research only with respect to the liability and
indemnification language.
I. Background Standards
The legal tests and standards are fairly well settled with respect to the First Amendment
and its applicability to parade permit issuance. First, any governmental requirement or policy
which amounts to a "prior restraint upon speech" is subject to a standard known as "strict
scrutiny," which has been defined as "bearing a heavy burden against its constitutional validity"
when challenged. Vance v. UniversalAmusement Co., Inc., 445 U.S. 308, 317 (1980).
However, this does not mean that government cannot regulate public fora such as parades
and public assemblies. Instead, for such a regulation to be constitutional it must be: "content-
neutral, .. narrowly tailored to serve a significant government interest, and leave open ample
alternative channels of communication." Perry Education Assn. v. Perry Local Educators' Assn.,
460 U.S. 37, 45 (1983).
While courts have recognized within this meaning that city officials may have a narrow
range of discretion with respect to permit decisions, they have not hesitated to strike down
ordinances when officials have had broad discretion to make approval or denial decisions that
might be content based. See Forsyth County v. The Nationalist Movement, 505 U.S. 123 (1992)
[holding that ordinance which imposed a permit fee of up to $1000 was facially invalid because
no standards were delineated in the ordinance for prescribing the fee amount].
II. Title X's Liability and Indemnification Requirements are Unconstitutional
The City's proposed liability ordinance reads as:
15. 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 Risk Manager. The insurance requirement may be waived
if applicant demonstrates inability to obtain insurance or pay the cost of insurance.
This and similar language, has been held to be unconstitutional in a number of cases.
First, like Forsyth, cited above, the ordinance prescribes absolutely no standards by which the
City Risk Manager can determine what is a reasonable amount of insurance other than "the nature
and the size oftbe event." However, if the Risk Manager considers the "nature" of an event, then
the Risk Manager must necessarily make a content based determination.
Directly on point is Mardi Gras of San Luis Obispo v. San Luis Obispo, 189 F. Supp. 2d.
1018 (C.D. California, 2002), in which tbe court held that the city's requirements of liability
insurance and an indemnification agreement were unconstitutional because "the fact that the City
can determine the amount of insurance required indicates that the official may look to the content
of the speech, including any element of anticipated hostility, to make his or her own
determination." 189 F.Supp. 2d. at 1030. Likewise in Long Beach Lesbian and Gay Pride, Inc.
v. LongBeach, 14 Cal. App. 4"~ 312 (Cal. Ct. App. 2d. Dist 1993), the court in finding the
insurance provision invalid said that insurance provisions were "presumptively invalid" and that
contemplated injuries or accidents was not a compelling state interest. See also Eastern Conn.
Citizens Action Group v. Powers (2d. Cir. 1983) 723 F.2d 1050, 1056-57; Invisible Empire, KKK
~ Mayor, et. al. ofThurmont, (D. Md. 1988) 700 F. Supp. 281(finding that there were less
burdensome avenues available than indemnification agreements for protecting city's interests),
Collin v. Smith, (N.D. Ill. 1978) 447 F. Supp. 676, 685, affd. (7th. Cir.) 578 F. 2d. 1197.
In sum, I could not find a single case which validated a parade ordinance's insurance
liability requirement or indemnification agreement when challenged. This does not mean that a
content neutral insurance requirement could not be created.~ However, the city would still have
the burden of rebutting the presumption that the requirement was unconstitutional in accordance
with a strict scrutiny standard. Consequently, the liability and indemnification requirements, as
written, must be removed in their entirety.
For example, although their hab~bty sectmns have not been challenged, Chmago reqmre~l~$1,000,~0
insurance liability policy if the estimated cost of city services is above $20,000 (adjusted for inflation from
the date of the enactment of the ordinance). Minneapolis separates parades from races and requires
workers' compensation insurance, a hold harmless agreement, and a liability requirement for races, but has
no such requirements for parades.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER $,
ENTITLED "PROHIBITIONS AND RESTRICTIONS," AND TITLE 10~ ENTITLED "USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER g, 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 ddnk 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. A,qreement: 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
$500,000.
(4) Indemnification. The authorized entity shall pay on behalf of the city all sums which the city
shall be obligated to pay by raason of any liability imposed upon the city for damages of any kind
resulting from the sale of beer and/or wine on the authorized site, whether sustained by any person or
persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the
city any claim against the city arising out of the use of the authorized site or consumption of beer
and/or wine on the authorized site.
(5) Inspection. City staff, including the Police Department, may periodically inspect the
authorized site without any prior notice to the authorized entity for the purpose of enforcing the terms
of the agreement.
(6) License. The authorized entity has a state license to sell beer and/or wine for the term of the
agreement.
b. Authorized Entity: A non-profit corporation (meaning those entities granted tax-exempt status
by the IRS under section 501(c)(3) of the Internal Revenue Code).
c. Authorized Site: A precisely described araa 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 cedificate under the provisions of subsection B3 of this section has been
obtained and posted, or a cedificate 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 Paragi'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 pads 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 Apj;~pved by
CITY CLERK City Attorney's Office
Sue~oro~bardord.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roil call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 3/16/04
Voteforpassage:AYES: O'Donnell, Vanderhoef, Ni]burn, Baile,y, Champion,
Elliott. NAYS: Lehman. ABSENT: None.
Second Consideration 4/6/04
Voteforpassage:AYES: Champion, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: Lehman. ABSENT: None.
Date published
Prepared by: Andy Matthews, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030
ORDINANCE NO. 04-4116
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 or 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 goveming 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 governed 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
Ordinance No. 04-4116
Page 2
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.
~.~. nOR~~q,~.d approved this 6th day of April ,2004.
CIT~-CLERK
Approved by:
City Attorney's Office
2
Ordinance No, 04-4116
Page 3
It was moved by Vanderhoef and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
First Consideration 3/16/04
Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott,
Lehman, O'Donnell. NAYS: None. ABSENT: None.
Second Consideration ..................
Vote for passage:
Date published 4/14/04
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings 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.
DATE: 03/30/04
TO: City Council
FROM: Andy Matthews, Assistant City Attorney/'ff~J~
RE: Ordinance Amendment - §14-1A-6: Maintenance of Public Right of Way
At your next Council meeting (April 6, 2004) you will be considering an amendment to City Code
§14.1A-6, "Maintenance of Public Right of Way". City staff recommends this amendment to clarify the
nature and extent of the duty imposed on abutting property owners to maintain the right of way between
the edge of the street or curb line and the property line. The present ordinance imposes the obligation
to maintain this area, which includes the sidewalk area, on the abutting property owner but does not
specifically impose liability for failure to so maintain. The present City ordinance utilizes the language in
Iowa Code § 364.12(2)(c), and developing Iowa caselaw suggests that if a city has an ordinance
imposing liability for failure to maintain such areas, that the City may make the abutting property owner
liable for such claims, and reduce its liability exposure.
If you have any questions, do not hesitate to call me.
cc: Stephen Atkins, City Manager
Dale Heiling, Assistant City Manager
Eleanor Dilkes, City Attorney
Rick Fosse, Public Works Director
Ron Knoche, City Engineer
Marian Karr, City Clerk
Prepared by: Andy Matthews, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030
ORDiNANCE NO.
AN ORDINANCE AMENDING THE CITY CODE~ TITLE 14, "UNIFIED
DEVELOPMENT CODE", CHAPTER 1, "STREETS, SIDEWALKS AND
PUBLIC RIGHT OF WAY", "ARTICLE A. STREETS, SIDEWALKS AND
PUBLIC RIGHT OF WAY GENERALLY", SECTION 14-1A-6~
"MAINTENANCE OF PUBLIC RIGHT OF WAY", TO IMPOSE LIABILITY ON
ABUTTING PROPERTY OWNERS FOR FAILURE TO MAINTAIN ALL
PUBLIC RIGHT OF WAY LOCATED BETWEEN THE EDGE OF THE STREET
OR CURB LINE AND THE PROPERTY LINE.
WHEREAS, the current ordinance governing maintenance of the public right of way
imposes the responsibility on the abutting property owner to maintain all public right of
way located between the edge of the street or curb line and the property line, which
includes sidewalk maintenance, but does not specifically impose liability on the abutting
property owner for failure to maintain such property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION 1. AMENDMENT. Title 14, entitled "Unified Development Code", Chapter
1, "Streets, Sidewalks and Public Right of Way", "Article A. Streets, Sidewalks and
Public Right of Way Generally", Section 14-1A-6, "Maintgnance of Public Right of
Way", is hereby amended by repealing Section 14-1A-6, and enacting in lieu thereof a
new Section 14-1A-6 to be codified and to read as follows:
14-1A-6. The abutting property owner shall maintain all public right of way located
between the edge of the street or curb line and the property line, and shall keep such area
in a safe condition free from defects, debris, nuisances, obstructions or any other hazard.
The abutting property owner may be liable for damages caused by failure to maintain the
public right of way located between the edge of the street or curb line and the property
line. The abutting property owner shall maintain the sidewalk in a safe condition, in a
state of good repair, and free from defects. The abutting property owner may be liable for
damages caused by failure to maintain the sidewalk. Notwithstanding the obligations
imposed hereunder, the property owner shall in no event remove diseased trees or dead
wood or plant, trim, remove or treat any tree or plant material on public right of way
without first obtaining a permit from the City Forester.
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
Appro.ved by~ ~. /
City Attorney's Office
2
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
· O'Donnell
Vanderhoef
Wilburn
First Consideration 4/6/04
Voteforpassage:AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Elliott, Lehman. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published