HomeMy WebLinkAbout1995-10-24 OrdinanceORDINANCE NO. 95-3695
ORDINANCE AMENDING TITLE 14, CHAPTER
4, "LAND CONTROL AND DEVELOPMENT,"
ARTICLE C, "HISTORIC PRESERVATION REGU-
LATIONS," SECTION 3, "HISTORIC PRESER-
VATION COMMISSION," BY AMENDING THE
MEMBERSHIP RULES OF THE HISTORIC PRES-
ERVATION COMMISSION.
WHEREAS, the CiW Council has directed all
City boards and commissions to amend their
bylaws with regard to the filling of vacated,
unexpired terms; and
WHEREAS, the requested amendments to the
bylaws of the Historic Preservation Commission
necessitate changes in Title 14, Chapter 4,
Land Control and Development, Article C,
Historic Preservation Regulations; and
WHEREAS, the Commission and City Council
wish to also amend the Commission's member-
ship rules by requiring the appointment of a
greater number of at large members to the
Historic Preservation Commission; and
WHEREAS, a greater number of at large
members is required in order to ensure that the
membership of the Commission consists of
individuals with the technical expertise neces-
sary to make sound decisions regarding historic
preservation issues.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 14, Chapter
4, Land Control and Development, Article C,
Historic Preservation Regulations, Section 3,
Historic Preservation Commission, is hereby
repealed and amended as follows:
a. Section 14-4C-3B is hereby repealed and
amended to read as follows:
B. Members of the Commission shall be
appointed bv the City Council. At least
one resident of each designated historic
district shall be appointed to the Com-
mission. Other members shall be chos-
en at large from any part of the City
and shall have some expertise in histo-
ry, urban planning, architecture, ar-
chaeology, law, sociology or other
closely related field, or shall demon-
strate interest in the area of historic
preservation. At least four (4) mem-
bers shall hold appointments et large.
Should the number of officially desig-
Ordinance No. 95-3695
Page 2
nated City historic districts exceed
three {3) in number, a new member
shall be addod to the Commission for
each new district in excess of three (3)
districts. The new member shall be
appointed by the City Council as soon
as practicable after the official designa-
tion of the historic district triggering the
operation of the preceding clause.
b. Section 14-4C-3D is hereby repealed and
amended to read as follows:
D. Vacancies occurring in the Commission
shall be filled by appointment by the
City Council in accordance with the by-
laws of the Commission.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION iV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 24th day of
October, 1995.
CITY CLERK
Ordinance No. 95-3695
Page 3
It was moved by Pigott and seconded by
as read be adopted, and upon roll call there were:
Novick
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Thingmorton
that the Ordinance
First Consideration 9/26195
Vote for passage: AYES: Kubby, Lehman, Novick, Pigott, Throgmorton,
Baker, Horowitz. NAYS: None. ABSENT: None.
Second Consideration ] 0/10/95
Vote for passage: AYES: Novtck, Pigott, Throgmorton, Baker,
Horowitz, Kubby, Lehman. NAYS: None. ABSENT: None.
Date published 11/]/9.,
ORDINANCENO.
AN ORDINANCE AMENDING CITY CODE TITLE
9, CHAPTER 1, ENTITLED "MOTOR VEHICLES
AND TRAFFIC", ARTICLE 7, ENTITLED "TOY
VEHICLES"
WHEREAS, the operation of skateboards,
rollerblades and bicycles is hazardous for the
operators, pedestrians and motorists in the
parking lots and parking ramps.
WHEREAS, the present City Code prohibits
skataboards,rollerblades and bicycles 'on the
pedestrian mall (Chapter 10) and on "road-
ways" (Chapter 9) and the definition of a
roadway does not clearly include parking ramps
and parking lots.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY !
IOWA, THAT:
SECTION I. AMENDMENT. Repealing Section
9-1-7 and adding a new Section 9-1-7,"Toy
Vehicles", to read as follows:
TOY VEHICLES: No person shall go upon
any roadway or public parking lot or park-
ing ramp on any toy vehicle or similar
device except while crossing a street on a
crosswalk, and when so crossing, such
parson shall be granted all of the rights
and shall be subject to all of the duties
applicable to pedestrians. This Section
shall not apply upon any street while set
aside as a play street as authorized in this
Title.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION Ill. 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance
shall be in effect after its final passage, approv-
al and publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Appr(~ved by
;';,/ I '~ ....
Cit~ Attorney's/Office
October 23, 1995
Dear Members of City Council,
I appreciate the opportunity to bring to your attention a point of view
regarding the proposed city ordinance replacing Section 9-1-7, "Toy Vehicles".
I am part of a group of people who play roller-hockey (hockey on
rollerblades) on the top level of the new parking ramp at College and Gilbert.
While I agree that the operation of rollerblades can be hazardous for
operators, pedestrians and motorists, I would like to point out that we play only
at night, when the top level of the garage is clear. To my knowledge, we have
never seen a car in operation at the top level, other than those owned by
fellow hockey players.
I love to play roller-hockey. It is my favorite sport, and the new city
ordinance, as it is stated, will make it virtually impossible for me.to play. I beg
that you reconsider the issues involved and at least ponder an option that will
allow us a reasonable place to play. I know that I am only part of a large group
of people who would be upset to see their favorite sport die here in Iowa City.
Thank you for your time in listening to this point of view. I will be
happy to answer any questions that you may have regarding my comments.
Sincerely,
John Castelloe
Graduate Student, University of Iowa
429 North Gilbert, Apt # 1
City of Iowa City
MEMORANDUM
Date: October 24, 1995
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: Linda Newman Woito, City Attorney . ~
Re: Update on "toy vehicles" and bicycles
Existing Law
1. Streets - All streets, including residential and commerclal
Skateboards, Rollerblades and roller skates are banned on all streets, Section 9-1-7,
City Code.
Bicycles are permitted in all streets.
2. City Plaza
Skateboards, Rollerblades and roller skates are banned on the City Plaza, also
known as the Pedestrian Mall, Section 10-5-5 (B) City Code.
Bicycles are banned, §10-5-4(A), City Code.
3. "Toy Vehicles" currently permitted on sidewalks
"Toy vehicles" including roller skates, Rollerblades and skateboards are now permitted
on sidewalks -- except in City Plaza.
Bicycles are banned on sidewalks in commercially zoned districts except when
permitted by signs, §9-1-8-1 (E), City Code.
Bicycles are permitted on residential sidewalks.
In summary, skateboards, Rollerblades and roller skates are currently permitted on sidewalks,
but are completely banned on streets and the City Plaza. Bicycles are permitted in all streets,
residential sidewalks and some commercial sidewalks where signed.
City staff will meet again at 9 a.m. on November 3,
recommendations.
Attachment: Current City Code
cc: City Clerk
City Manager
Assistant City Manager
R.J. Winkelhake, Police
Bill Dollman, Parking and Transit
Terry Trueblood, Parks and Recreation
Sherry Thomas, City Plaza/Parks
Jim Brachtel, Traffic Engineer
Anne Burnside, First Assistant City Attorney
1995 to discuss our review and
9-1-5
9-1-9
vehicle ~s registered shall be deemed prima
fac~e responsible for such violation. (1978
Code §23-20)
ans'. Th~s Section shall not apply upon any
street while set aside as a play street as
authorized in this Title~. (1994 Code)
9-1-6: APPLICATION OF PROVI-
SIONS:
The provisions of this Title shall apply
to the drivers of all vehicles owned or
operated by the United States, this
State or any county, town, district or
any other political subdivision of the
State, subject to such specific excep-
tions as are set forth in this Title or in
the State Vehicle Code, as amended.
Every person riding an animal or driv-
ing any animal-drawn vehicle upon a
roadway shall be granted all of the
rights and shall be subject to all of the
duties applicable to the driver of a
vehicle by this Title, except those
provisions of this Title which by their
very nature can have no application.
(1978 Code §23-3)
Go
Every person riding a bicycle upon a
roadway shall be granted all the rights
and shall be subject to all of the du-
ties applicable to the driver of a vehi-
cle by this Title, except those provi-
sions of this Title which by their very
nature can have no application. (Ord.
94-3659, 12-13-94)
9-1-7: TOY VEHICLES: No person
shall go upon any roadway on
any toy vehicle or similar device except
while crossing a street on a crosswalk, and
when so crossing, such person shall be
granted all of the rights and shall be subject
to all of the duties applicable to pedestri-
9-1-8: CLINGING TO MOVING VEHI-
CLES: No person traveling upon
any bicycle3, motorcycle, coaster, sled or
any toy vehicle" shall cling to or attach to
any other vehicle while the vehicle is mov-
ing upon any madway or bikeway. (1978
Code §23-67; 1994 Code)
9-1-9: ACCIDENTS:
A. Report of Accident Required; Inability
to Report:
1. The driver of a vehicle involved, in
any manner, in an accident resulting
in bodily injury to or death of any
person or total damage to all property
to the extent specified in State law
shall, within ten (10) calendar days
after such accident, forward to the
Police Department a copy of any re-
port filed with the State Department of
Transportation or its successor. (1978
Code §23-48; 1994 Code)
2. Whenever the driver is physically
incapable of making such written
report of an accident and such driver
is not the owner of the vehicle, then
the owner of the vehicle involved in
such accident shall, within ten (10)
calendar days after the accident,
make such report not made by the
driver. (1978 Code §23-49; 1994
Code)
Duty of Driver Upon Striking Unattend-
ed Vehicle: The driver of any vehicle
1. See Chapter 6:of this Title.
2. See Section 9-3-9 of this Title.
3. See Chapter 8 of this Title for bicycle regulations.
4, See elso Section~9-1-7 of this Chapter.
295
City
9-3-8
9-3-11
tion are in place, whether such designation
is temporary or permanent. The designation
may include one or more lanes to be used
by traffic mowng in a particular direction,
regardless of the center line of the road-
way. (1994 Code)
9-3-9: PLAY STREETS~:
The Traffic Engineer shall have au-
thority to declare any street or part
thereof a play street and to place
appropriate signs or devices in the
roadway indicating and intended to
protect the same for play purposes.
When authorized signs are erected
indicating any street or part thereof as
a play street, no person shall drive a
vehicle upon such street except driv-
ers of vehicles having business or
whose residences are within such
closed area. (1978 Code §23-141;
1994 Code)
9-3-10:
GENERAL DRIVING RESTRIC-
TIONS:
Driving on Right-Hand Side of Road-
way; Exception: Upon all streets,
except one-way streets, the driver of a
vehicle shall drive upon the right side
of the street, and the driver of a
slow-moving vehicle shall drive as
closely as possible to the right-hand
edge or curb of the street~. (1978
Code §23-124; 1994 Code)
Driving on Laned Roadways: A vehicle
shall be driven as nearly as practical
entirely within a single lane and shall
not be moved from such lane until the
9-3-11:
Ao
driver has first ascertained that the
movement can be made with safety.
(1978 Code §23-125)
Responsibility When Leaving Motor
Vehicle Unattended: No person having
control of a motor vehicle shall allow
the vehicle to stand on any street
unattended without first setting the
brakes thereon, stopping the motor
and removing the ignition keys. When
standing upon a perceptible grade, the
driver shall turn the wheels to the curb
or side of the street or highway. (1978
Code §23-121)
Moving Vehicle Backward on High-
way: A person shall not cause a vehi-
cle to be moved in a backward direc-
tion on a highway unless and until the
vehicle can be backed with reason-
able safety and shall yield the right of
way to any approaching vehicle on the
highway or intersecting highway which
is so close as to constitute an immedi-
ate hazard. (1978 Code §23-127;
1994 Code)
Driving on Sidewalk: The driver of a
motor vehicle shall not drive within
any sidewalk area except at a perma-
nent or temporary driveway. This
subsection shall not apply to any vehi-
cle performing maintenance or con-
struction in a sidewalk area. (1978
Code §23-128)
DUTY OF DRIVER AT RAIL-
ROAD GRADE CROSSINGS:
When a person driving a vehicle ap-
proaches a railroad grade crossing
and warning is given by automatic
signal, crossing gates, flagperson or
1. See Sections 9-1-7 and 9-1-8 of this Title for toy vehicles.
2. See also subsectibn 9-3-5D of this Chapter.
City
9-8-1
9-8-4
roadway except in a prudent and care-
ful manner. (1978 Code §23-69)
E. Riding on Sidewalk:
1. No person shall ride a bicycle upon
the sidewalk or walkway in the com-
memial districts within the City unless
signs authorized by the Traffic Engi-
neer specifically designate a sidewalk
or walkway for bicycle use. The Traffic
Engineer is authorized to erect signs
on any sidewalk or roadway prohibit-
ing the riding of bicycles thereon.
2. Whenever any person is riding a
bicycle upon a sidewalk, such person
shall yield the right of way to any
pedestrian and shall give audible
signal before overtaking and passing
such pedestrian. (1978 Code {}23-64)
Riding on Bikeways: No person shall
ride or operate a bicycle within a bicy-
cle lane or path in any direction ex-
cept that permitted by vehicular traffic
traveling on the same side of the
roadway, provided bicycles may pro-
ceed either way along a lane or path
where arrows or signs designate
two-way bicycle traffic. (1978 Code
§23-70)
9-8-2: PARJ~JNG BICYCLES: Regard-
less of any other provision of this
Title, no person shall park a bicycle on a
street or alley in such a manner as to ob-
struct pedestrian or motor vehicle travel.
Any bicycle within one block or three hun-
dred feet (300') of a bicycle rack must be
parked in such a rack. Any bicycle parked
on public property in a commemial district
shall not be attached to poles, parking me-
ters, signs, trees, trash receptacles, street
hardware or any other permanent structure.
(1978 Code §23-63)
9-8-3: LIGHTS AND REFLECTORS
REQUIRED:
Reflectors Required: All bicycles shall
be equipped with reflective surfaces
visible at three hundred feet (300')
from the rear when viewed in front of
lawful lower beams of headlamps on a
motor vehicle. Reflective materials
may be mounted on each side of each
pedal.
Headlights Required at Night: All bicy-
cles used during the hours from sun-
set to sunrise shall display or their
drivers shall wear a lamp on the front
part of the bicycle, and the lamp shall
emit a white light visible from a dis-
tance of at least five hundred feet
(500') from the front of the bicycle.
(1978 Code §23-62)
9-8-4: VEHICLES IN BICYCLE
LANES AND BICYCLE PARK-
ING AREAS:
No person shall drive a motor vehicle
in a designated bicycle path, lane or
parking area or park any motor vehi-
cles in such a path, lane or parking
area. This shall not prohibit the park-
ing of a motorized bicycle, motor bicy-
cle or moped in areas designated as
bicycle parking areas.
The Traffic Engineer is hereby autho-
rized to erect signs permitting motor
vehicles to be parked in a designated
bicycle lane, bicycle path or parking
area during specific times and days.
When such signs are present, motor
Iowa City
10-5-4
10-5-8
10-5-4:
BICYCLE AND SKATING RE-
STRICTIONS:
Bicycles': No person shall ride a bicy-
cle within 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. (1978 Code §9.1-4; 1994
Code)
Skates and Skateboards2: No person
shall coast, slide, roller skate,
rollerblade, skateboard or use any
other such coasting or wheeled device
within the City Plaza.
Exemptions: Wheelchairs and other
wheeled handicapped assistance
devices, when used by a person with
a disability, shall be exempt from the
provisions of this Section. (1978 Code
§9.1-4; 1994 Code)
10-5-5: MOTOR VEHICLE REGULA-
TIONS: No motor vehicles, ex-
cept emergency vehicles, shall be operated
within the limits of City Plaza without a
permit. Such permit may be issued by the
City Manager or designee upon application
according to the following conditions:
Any business located on property
which does not otherwise abut a pub-
lic right of way other than City Plaza
may be granted a continuing motor
vehicle permit upon a showing that
such is necessary to provide for the
delivery of goods to or from the busi-
ness. Such permit shall allow the
vehicle within the Plaza only during
active loading and unloading.
Any individual may be granted a tem-
porary permit upon a showing that the
placement or operation of a motor
vehicle upon City Plaza for a speci-
fied, limited period of time is neces-
sary for delivery or other legitimate
purpose.
A service vehicle operated by the City
may operate within City Plaza without
a permit when performing necessary
maintenance requiring the use of the
vehicle. (1978 Code §9.1-5; 1994
Code)
10-5-6: REMOVAL OF SNOW AND ICE
ACCUMULATIONS FROM
BUILDING RUNOFF~: Removal of accu-
mulations of snow and/or ice on City Plaza
resulting from building runoff shall be the
responsibility of the adjoining property own-
er. (1994 Code)
10-5-7: ANIMALS RESTRICTED4: No
person shall take, accompany or
allow any animal into City Plaza. This provi-
sion shall not apply to an animal trained to
assist persons with disabilities or an animal
that is securely confined within an animal
carrier and does not create a public nui-
sance. (1978 Code §9.1-6; 1994 Code)
10-5-8: USE OF CITY PLAZA:
A. Permitted Uses: Permitted uses in-
clude those listed below:
1. Ambulatory vendors, e.g., balloons
or portraits (Zones 1, 2, 3).
1. See Title 9, Cidapter 8 of this Code for bicycle regulations.
2. See also Section 9-1-7 of this Code.
3. See also subsection 10-5o8G1 of this Chapter; see Section 14-1A-8 of this Code for snow removal policy.
4. See Title 8, Cha~ers 3 and 4 of this Code for animal control regulations.
895
Iau~a Cit~