HomeMy WebLinkAbout1995-11-21 OrdinanceOrdinance No.
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Submittal information required for a site plan review as specified in Sections
14-SH-4A and 14-SH-4B, the submittal requirements listed for Section 14-5H,
entitled "Site Plan Review."
Delineation of sensitive areas located on the property, including:
Areas of fully hydric soils.
2) Prairie remnant areas.
3) Stream corridors.
4) Steep slopes.
5) Woodland Areas
Delineation of buffer areas and/or sensitive area conservation easements.
Note in an accompanying letter whether archaeological site(s) exist on the
property, but do not designate the exact location on the plan.
Other data and information as may be reasonably required by the City.
2. Sensitive Areas Development Plan: Submittal information for a Sensitive Areas Devel-
opment Plan shall include:
a. All the information required for a Sensitive Areas Site Plan, and
b. Submittal information required by subsection 14-6J-2D of Section 14-6J-2,
entitled "Planned Development Housing Overlay Zone (OPDH)", and, in the
case of commercial and industrial development, those submittal requirements
applicable only to residential development shall not apply; and
c. Delineation of the following sensitive areas located on the property:
1) Wetland areas.
2) Critical slopes.
3) Protected slopes.
d. Delineation of buffers and/or sensitive area conservation tracts for sensitive
areas located on the property.
e. Other data and information as may reasonably be required by the City.
3. The City may waive any submittal requiree]ents considered unnecessary for the review
of a specific development activity.
Wetlands:
1. Purpose: The purpose of regulating development in and around wetlands is to:
a. Preserve the unique and valuable attributes of wetlands as areas where
stormwater is naturally retained, thereby controlling the rate of runoff, improv-
ing water quality, recharging groundwater resources, providing erosion control
and lessening the effects of flooding.
b. Promote the preservation of habitat for plants, fish, reptiles, amphibians and/or
other wildlife.
c. Minimize the impact of development activity on wetland areas.
d. Provide a greater degree of protection for many wetland areas above and
bevond that provided by the federal and state government.
e. Minimize the long term environmental impact associated with the loss of
wetlands.
Wetland Regulation by Other Agencies: The approval of a Sensitive Areas Develop-
ment Plan or a Sensitive Areas Site Plan under the provisions of this Article is in addi-
tion to the applicant's need to obtain permits required by other local, state, or federal
agencies, and does not alter the applicant's obligation to satisfy and obtain all other
applicable local, state or federal regulations and permits.
Wetland Regulations:
a. Wetland Delineation:
Prior to any development activity occurnng on a site containing a
potential wetland as defined above or as shown on the Sensitive Areas
Inventory Map - Phase I, the property owner shall provide a delineation
of the wetland area(s) accepted by the U.S. Army Corps of Engineers
prior to the submittal to the City of a Sensitive Areas Development Plan
or a Sensitive Areas Site Plan, for City review.
City of Iowa City
MEMORANDUM
Date:
November 16, 1995
To:
From:
Be:
Iowa City City Council ~,,'/~
Linda Woito, City Attorney ~
Robert Miklo, Senior Planner/~,~
Requested Response to Larry R. Schnittjer's Comments on the Proposed
Sensitive Areas Ordinance
Purpose One of the purpose statements in the Sensitive Areas Ordinance is to "permit and
define the reasonable use of properties..." Mr. Schnittjer states that "reasonable use is not
defined."
The word "define" was specifically added to the purpose statement by the Sensitive
Areas Committee. The intent was that the ordinance itseft would be clearly set forth
standards that would define and allow for reasonable use of property. The Committee
was advised by City legal staff to eliminate the word "define" from the purpose
statement, because "reasonable use" is defined by state and federal property and
constitutional law. The Committee chose to retain the word "define"in the purpose
statement. However, staff would not be opposed to removing ''define" from the
purpose statement.
Definition
Concerning "DIAMETER, TREE TRUNK," Mr. Schnittjer suggests eliminating or redefining the
sontence concerning trees with multiple trunks.
City Forester Terq/ Robinson recommends that the definition be changed to read: "In
the case of a tree with multiple trunks, the diameter shall be the average of the
diameters of all the trunks." The City Forester states that this amended definition is
consistent with the standards of the International Society of Arboriculture.
Mr. Schnittjer states that the heading of the "FLOOD PLAIN" definition should be changed.
He questions the breadth of the definition of "GRADING" as set forth in the Sensitive Areas
Ordinance.
The definitions for "FLOOD PLAIN" and "GRADING" are exactly the same as the
definitions given for these words in the flood plain section of the Zoning Chapter and
the grading section of the Building and Housing Chapter of the City Code. "FLOOD
PLAIN, 100 YEAR" was in the old ordinance, but was changed to "FLOOD PLAIN"
during the recodification process.
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Mr. Schnittjer asks what the purpose is for the last part of the definition of "SLOPE."
The phrase, "and which is not otherwise approved by the City," was added to the
definition of "SLOPE" to make clear that storm wa tar detention basins and other similar
improvements approved by the City are not subject to the requirements of the
Sensitive Areas Ordinance.
Exemptions Mr. Schnittjer states that "there is no exemption for existing multifamily or
commercial uses or platted lots in commercial or multi-family zoned areas.
It is correct that limited expansion or development of single-family or duplex residences
on a single lot is exempted from the Sensitive Areas Ordinance requirements for site
plan or development plan approval, while neither commercialor multi-family residential
uses are exempted. The Sensitive Areas Committee felt that less damage would be
inflicted on the environment where individual homes were built within certain
parameters. The exemption would also lessen the extent of enforcement required for
the Sensitive Areas Ordinance. There are precedents within the City Code to exempt
single.family and duplex residences, but not commercial or multi-family residential
uses. For example, single-family and duplex residences are exempt from the site plan
requirements of the Building and Housing Chapter, and from the design requirements
for off-street parking areas and the tree planting requirements of the Zoning Chapter,
while commercial and multi-family residential uses are not. Platted lots in commercial
or multi-family zoned areas are eligible for reduced stream corridor buffers.
To make it clear that commercial and industrial properties as well as residential
properties are affected by the Sensitive Areas Ordinance, staff suggests adding a
purpose statement at the beginning of the ordinance to declare: "This ordinance is
intended to cover industrial and commercial properties as well as residential properties,
unless otherwise exempted herein."
Uses Permitted Mr. Schnittjer questions excluding private uses, other than private open
space, from protected sensitive areas and their associated buffers.
If sensitive areas are to be protected, the uses permitted within or near those areas
must necessarily be limited. The permitted uses set forth in Section E reflect what
other communities permit under certain conditions in environmentally sensitive areas,
and were uses the Sensitive Areas Committee felt were acceptable in sensitive areas.
Mr. Schnittjer states that subsection 3, which pertains to public utilities should be revised.
Instead of reading "Upon completion of the installation of the public facility or line, the
protected sensitive areas and associated buffers will be restored," Mr. Schnittjer suggests that
this last sentence of subsection E3 be revised to read: "Upon completion of the installation
of the public facility or line, the protected sensitive areas and associated buffers shall be
restored by those persons responsible for the disturbance."
Staff supports the recommended amendment, because it makes a stronger statement
that restoration must occur and it more clearly pinpoints the responsibility for
restoration.
3
Submittal Requirements Mr. Schnittjer states that there is no provision in the ordinance for
commercial or industrial development of tracts requiring a Sensitive Areas Overlay rezoning,
Unless otherwise exempted, the submittal requirements for a Sensitive Areas Planned
Development apply to all uses and zones, whether residential, commercial or industrial.
The recommended amendment to the purpose section discussed above should clarify
this point. Additionally, commercial and industrial uses are not required to retain as
much woodland area as residential uses are.
Wetlands Mr. Schnittjer asks why wetlands less than one acre in size are not exempted.
The Sensitive Areas Committee's intent when drafting the wetlands section of the
ordinance was to rely on the federal regulations administered bv the U.S. Army Corps
of Engineers as a basis for the local regulations. Any wetland, regardless of its size,
is considered by the corps to be a jurisdictional wetland. In some situations, the Corps
will grant permits for development activities within delineated wetlands. However, the
"one acre requirement" that many people believe is the minimum threshold for the
Corps' regulations is a misinterpretation of the Corps' administrative rules.
Wetlands that are determined by the Corps to be adjacent to streams with flows of
five cubic feet per second or more, such as the Iowa River, are protected regardless
of their size. Wetlands adjacent to smaller streams receive a lesser degree of
protection. In this case, permits may be granted to fill up to 10 acres of a wetland in
some situations, and for wetlands less than one acre in size, the Corps does not need
to be notified. (This is where the confusion regarding the one acre threshold for
wetlands is created.)
The Committee 's intent when drafting the Sensitive Areas Ordinance was basically to
regulate what the Corps regulates. Therefore, isolated wetlands of less than one acre
would also be exempt from the provisions of the Ordinance. However, wetlands less
than one acre that are regulated by the Corps and isolated wetlands greater than one
acre would be subject to the Sensitive Areas Ordinance. Any filling or development
activities approved by the Corps in these situations would require compensatory
mitigation as outlined in Section 14-6K-1G4.
To make clear that only wetlands regulated by the Corps are also regulated by the
Sensitive Areas Ordinance, staff suggests that the last sentence in the definition for
"WETLANDS/WETLAND AREAS" be revised to read: "For the purposes of this
ordinance, wetland shall mean a jurisdictional wetland that is regulated by the U.S.
Corps of Engineers." The delineation of wetlands is covered under Section 14-6K-
1G3a, entitled "Wetland Delineation," and does not need to be part of the definition
of "WETLANDS/WETLAND AREAS."
Mr. Schnittjer also asks why the U.S. Army Corps of Engineers is designated in the Sensitive
Areas Ordinance.
Although there are a number of federal agencies that are involved in wetland
regulation, depending on the circumstances, the U.S. Army Corps of Engineers has
been given the primary authority to implement the federal wetlands regulations. It is
4
important to refer specificafiy to this lead federal agency. The Natural Resources
Conservation Service and the Fish and Wildlife Service are involved in federal programs
that deal with agricultural uses in and around wetland areas, but play subsidiary roles
to the Corps in most cases. Referring to a generic federal agency would not be
specific enough for the Sensitive Areas Ordinance, which will govern urban develop-
ment, not agricultural uses. Further, the Corps' district engineer, who is responsible
for the Iowa City area, has not heard of any proposals to remove the Corps as the
regulating agency for the Section 404 program.
Mr. Schnittjer states the use of the phrase "to the extent possible" is too vague, and should
either be eliminated or defined.
The Sensitive Areas Committee decided early in the process of drafting the Sensitive
Areas Ordinance that they wanted the ordinance to provide a clear set of guidelines,
but they also wanted flexibility and reasonableness built into the regulations. The
phrase "to the extent possible" allows for some flexibility in developers and property
owners being reasonably and lawfully able to meet the standards set forth in the
ordinance.
Steep Slopes Mr. Schnittjer points out that the subsection on protected slopes (14-6K- 112c)
does not specifically cite the requirement for a Sensitive Areas Development Plan as is done
in the previous subsection on critical slopes.
The applicability section of the ordinance specifies that a Sensitive Areas Developmen t
Plan is required for properties containing protected slopes (40% + ). Staff agrees with
Mr. Schnitt/er that it would improve the clarity of the ordinance to add a specific
statement to this effect to subsection 14-6K-112c to read as follows: "Any such
property shall be required to submit a Sensitive Areas Development Plan and a Grading
Plan, unless said property qualifies for an exemption within this Section. The Sensitive
Areas Development Plan must conform with the design guidelines specified for s~eep
slopes, and the Grading Plan must conform with the requirements of the Grading
Ordinance."
Mr. Schnittjer asks how requiring a construction area that is at least 40% of the minimum lot
size required in the zone applies to properties in commercial and industrial zones, where there
is no minimum lot size.
This standard does not apply to commercial or industrial properties, which have no
minimum lot size requirement. To make this clear, the phrase, "Except for commercial-
ly or industrially-zoned properties," could be added at the beginning of design standard
14-6K-114a to read as follows: "Except for commercially or industrially-zoned
properties, every lot or parcel shall have a construction area equal to at least 40% of
the minimum lot size required by the zone in which it is located." The remainder of the
design standards b - e do apply to commercial and industrial properties on properties
containing steep, critical and/or protected slopes.
Sensitive Areas Development Plan Desi.qn Guidelines Mr. Schnittjer asks why not call an alley
an alley, instead of referring to it as a rear lane.
5
The model ordinances reviewed by the Sensitive Areas Committee used the terms
"rear lane" and "alley" interchangeably. They both mean essentially the same thing.
To be consistent with the rest of the City Code, which uses the term "alley"
throughout, staff suggests using "alley" instead of "rear lane" in the Sensitive Areas
Ordinance section of the City Code.
General Mr. Schnittjer states that the ordinance would be easier to accept if it had been
written in more of a sense of cooperation with developers.
Two developers served on the Sensitive Areas Committee, and actively participated
in the discussion and the shaping of the Sensitive Areas Ordinance. The Iowa City
Area Homebuilders Association received all the materials mailed to the Sensitive Areas
Committee, including agendas, minutes, staff memorandums and background
information. In addition, prior to presenting the ordinance to the Planning and Zoning
Commission and the Riverfront and Natural Areas Commission, the Committee mailed
advance copies of the draft ordinance to developers as well as other people in the
community for their review and comments. The Committee received few specific
requests to amend the ordinance from the Homebuilders Association. The Committee
did initiate the revision and/or repeal of related ordinances, such as the River Corridor
Overlay Zone and the Weed Control Ordinance, as suggested by the Homebuilders
Association.
Mr. Schnittjer questions giving too much of the decisionmaking concerning site plans to staff.
The Sensitive Areas Committee made a conscious decision to streamline the process
of implementing the Sensitive Areas Ordinance. To do that, most of the sensitive
areas can be handled through administrative review by City staff, instead of having to
undergo the lengthier review process of a rezoning. It's a time difference of a
minimum of 20 days for administrative review compared to a minimum of two to three
months for a rezoning. The developers on the Committee felt the Site Plan Review
process, which is handled administratively, works much more effectively than the
former review process for Large Scale Development Plans, which were reviewed by
the Planning and Zoning Commission and the City Council. They recommended a
similar strategy of administrative review for most of the sensitive features governed
by the Sensitive Areas Ordinance. As with site plan review, the developer can appeal
staff decisions concerning Sensitive Areas Site Plans.
Mr. Schnittjer observes that the ordinance was not professionally prepared.
Staff conducted extensive research, and the Sensitive Areas Committee members
actively participated in review and discussion of how the various elements of the
Sensitive Areas Ordinance should be drafted. The research involved more than a
review of ordinances from other communities. Articles and books on the various
sensitive features were researched. Surveys were conducted with staff from other
communities that were implementing similar sensitive areas ordinances. Experts in the
fields of wetlands, prairie restoration, trees/woodlands, etc. were consulted. Drafts
of the ordinance were forwarded at various stages to technical advisers, developers,
environmentalists, City staff and other persons to be critiqued and revised.
6
Mr. Schnittjer's last comment discusses the extreme changes in the grading regulations.
Regarding concerns about the extreme limitations on grading, the Sensitive Areas
Ordinance restricts grading only on slopes with a grade in excess of 40%. For slopes
between 25% and 40%, defined as critical slopes, design guidelines are included, but
grading is not prohibited. The ordinance makes a minor adjustment on the percentage
of slope subject to the requirements of the Grading Ordinance, from the current level
of 28.$% (3.5 to 1)to 25% (4 to I). For slopes between 18% and25%, defined as
steep slopes, the ordinance encourages, but does not require that plats and plans be
designed in accordance with the design guidelines included in the ordinance. A review
of the Sensitive Areas Inventory Map - Phase I shows that properties containing steep
slopes are not that prevalent throughout the community, and there even fewer
properties containing critical or protected slopes.
Attached are pages from the Sensitive Areas Ordinance with the recommended changes
discussed above shown in bold. These changes are not substantive, but are simply
amendments of clarification.
Sensitive Areas Committee
Steve Arkins, City Manager
Karin Franklin, PCD Director
SENSITIVE AREAS ORDINANCE REVIEW COMMENTS:
by Larry R Schnittjer
MMS CONSULTANTS, INC
1917 S Gilbert Street
Iowa City, Iowa 52240
PURPOSE:
Permit and define reasonable use of properties ....
REASONABLE USE is not defined, however, the authors'
intent is alluded to in several locations. If the
illustrations and concepts as described are not
marketable or have a limited market in Iowa City, is the
"reasonable use" reasonable?
B. DEFINITIONS:
DIAMETER, TREE TRUNK:
Either eliminate the last sentence in the definition or give
additional thought to how multiple trunks should be
defined .... ie six 2 inch trunks does not equal one 12 inch
trunk '
FLOOD PLAIN:
As defined the caption should read FLOOD PLAIN, 100 YEAR.
GRADING:
As defined grading includes setting fence posts, planting
trees and similar activities.
SLOPE:
What is the purpose of the last part of the definition?
C. EXEMPTIONS:
There is no exemption for existing multifamily or commercial
uses or platted lots in commercial or multifamily zoned areas.
E. USES PERMITTED ....
with the exception of "Private Open Space" no private uses are
permitted, it would seem possible that some reasonable use of
these areas should be permitted.
3 ....... "will be restored" should be revised to "shall be
restored by those person(s) responsible for the disturbance.
F.2. There is NO provision in the ordinance for Commercial or
Industrial development of tracts requiring OSA Zoning.
G. WETLANDS:
Current Federal Regulations allow for the elimination of small
parcels of wetlands (less than one acre) through the 404
permit process.. why not include a similar provision in
this ordinance?
The Federal regulation Process appears to be in a state of
evolution as to the review and authority process... Why not
revise the "US Army Corps of Engineers" to some appropriate
generic Federal authority?
A Wetland requires a OSA Zoning application, as written an
OPDH application must accompany the OSA application, therefore
it must be assumed that since Commercial and Industrial Uses
are not applicable to the OPDH process, either the ordinance
does not apply to these uses, or these uses are not allowed to
have wetlands, or if wetlands exist in commercial or
industrial zones (which they do), will the USE OF THESE LOTS
OR TRACTS WILL NOT BE ALLOWED !
There are several locations where "to the extent possible" is
used... either there .should be further definition of this
phrase or it should be eliminated and/or definite language
used.
1.2.c. The previous sections (I.2.a. & 1.2.b) enumerated
Sensitive Areas Plan requirements.. there is no requirement
enumerated in this section, however, Section C.l.a.4)
indicates that a Sensitive Areas Development Plan is required.
1.4.a. This paragraph gives further reinforcement to the
question of applicability to ComMercial or Industrial
development or uses, in that there is no Minimum Lot Size for
Commercial uses, therefore as written there would not be any
allowed construction area.
N.3.c ................ "rear lanes" Why noz call an alley an
alley?
in general terms, this ordinance would be a lot easier to accept if
it had been written in more of a sense of cooperation with
developers. As written, iu gives nearly all of the ultimate
decision to the reviewing staff. If staff doesn't like the plan,
it is nearly impossible to get the plan to the political arena for
a possibly less biased review. Terms like "may be prohibited",
"deemed necessary", "may require", "to the extent possible", have
no limitation or definable measure that may be expected to be
imposed by staff.
I am not opposed to development limitations for
sensitive areas, however I do feel that this
overboard..
environmentally
ordinance goes
to the point where reasonable use of property may not
When the Stormwater Management Ordinance was enacted nearly 20
years ago, it was written by professionals, and training sessions
were held to assist the local development community and their
professional(s) in the implementation of adequate designs and
understanding ~he principles involved. This ordinance was drafted
by city staff, using a compilation of ordinances and ideas of other
communities, apparently without consultation of professionals in
areas of grading and erosion control or wetland specialists. The
reason I make this observation is I would think that if these
professionals had been involved, there would have been more
specific requirements of what to do, rather than twenty some pages
of "shall nots" and/or generic terminology.
I have definite concerns on the extreme limitations on grading that
are being imposed by this ordinance. Both in terms of the
council's desire to commit themselves and other governmental
agencies and the private development sector. Steep Slopes as
defined and proposed to be regulated, are an extreme overkill, and
if enforced to the degree possible, will preclude good and/or
reasonable grading design and may impede accessibility for the
physically impaired.
Ordinance No.
Page 2
Protect the public from injury and property damage due to flooding, erosion, and other
natural hazards which can be exacerbated by development of environmentally sensitive
land.
Foster urban design that preserves open space and minimizes disturbance of environ-
mentally sensitive features and natural resources.
Provide for the mitigation of disturbances of environmentally sensitive features and
natural resources through requiring and implementing mitigation plans, as needed.
This Ordinance is intended to cover industrial and commercial properties, as well as
residential properties, unless otherwise exempted herein.
Definitions: The following definitions apply to the interpretation and enforcement of the
Sensitive Areas Ordinance regulations:
ARCHAEOLOGICAL SITE, SIGNIFICANT: An archaeological site of prehistoric or historic
significance that is determined by the State Historic Preservation Officer to be eligible for the
National Register of Historic Places.
BUFFER: An area of land that is located adjacent to a designated sensitive area and provides
a transition area that protects slope stability, attenuates surface water flows and preserves
wildlife habitat and protected wetlands, stream corridors and woodlands.
BUFFER, NATURAL: A land area located adjacent to a protected sensitive area where develop-
ment activity such as buildiqg, grading, or clearing are prohibited unless otherwise exempt
herein.
COMPENSATORY MITIGATION: Creating a new wetland or enhancing or expanding an
existing wetland in exchange for allowing development activities to occur within an existing
wetland.
CONSTRUCTION AREA: The portion of a parcel of land where development activity and other
improvements may take place and be located.
DEVELOPMENT ACTIVITY: Any human-made change to improved or unimproved real estate,
including, but not limited to the placement of manufactured housing, buildings or other struc-
tures, mining, dredging, filling, grading, paving, excavation or drilling operations and construc-
tion activities. "Development activity" does not include transfer of ownership.
DIAMETER, TREE TRUNK: The diameter of a tree trunk measured at 4 1/2 feet above ground;
d on a slope, measured from the high side of the slope. In the case of a tree with multiple
trunks, the diameter shall be the average of the diameters of all the trunks.
DIRECT DISCHARGE: The discharge of untreated surface water into a wetland from a devel-
oped or developing property through the use of an underground pipe, culvert, drainage tile,
ditch, swale, channel or other means.
FLOOD EVENT; 100 YEAR: A flood, the magnitude of which has a one percent (1%) chance
of being equaled or exceeded in any given year, or which on the average will be equaled or
exceeded at least once every one hundred (100) years.
FLOOD PLAIN: Any land area susceptible to being inundated by water as a result of a specific
frequency flood. For instance, the 100-vear flood plain is the area of land susceptible to being
inundated by a 100-year flood event.
FLOODWAY: The channel of a r~ver or stream and those portions of the flood plains adjoining
the channel which are reasonably required to carry and discharge flood waters so that confine-
ment of flood waters to the floodway area will not result in substantially higher flood elevation.
Ordinance No.
Page 4
SLOPE, PERCENT OF: 7he slope of a designated area determined by dividing the horizontal run
of the slope into the vertical rise of the same slope and converting the resulting figure into a
percentage value.
SLOPE, PROTECTED: Any slope of forty {40) percent or steeper.
SLOPE, STEEP: A slope of eighteen (18) percent, but less than twenty-five {25) percent.
STREAM CORRIDOR: A river, stream or drainageway shown in blue (the blue line) on the most
current U.S. Geological Survey Quadrangle Maps, and the area of its delineated floodway. In
cases where no floodway is delineated, the blue line will serve as the centerline within a 30-
foot wide stream corridor.
TREE, FOREST: Any tree two (2) inches in diameter or greater, and included on the list of
forest trees approved by the City.
WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under normal circum-
stances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For the
purposes of this ordinance, wetland shall mean a jurisdictional wetland that is regulated by the
U.S. Army Corps of Engineers. or 3 wot13nd cpooi31ict, bacod on tho current federal dalineotion
WETLAND SPECIALIST: An individual certified as a wetland specialist by the Society of
Wetland Scientists, and/or a person who can demonstrate to the City that they have expertise
in wetland areas which may include delineation, mitigation and evaluation.
WOODED AREAS: Includes woodlands and/or groves of trees, as defined in this section.
WOODLAND, WOODLANO AREA: - Any tract of land with a contiguous wooded area not less
than two acres and containing not less than 200 forest trees per acre.
WOODLAND CLEARING: The destruction or removal of trees within woodlands subject to this
Section by physical, mechanical, chemical or other means, such that the clearing results in a
total opening in the woodland canopy of 20,000 square feet or more.
Applicability:
1. Sensitive Areas Overlay (OSA) Zone
a. A Sensitive Areas Overlay {OSA) rezoning is required prior to development
activity on properties containing any one of the following sensitive features:
1 ) Wetlands,
2} Woodlands two acres in size or greater, where other sensitive features
exist on the site,
3) Critical slopes (25-39%), or
4) Protected slopes (40% +)
as defined in the Definintions Section herein and as delineated on the maps
referenced in subsection 14-6K-C3 of this ordinance and/or verified as existing
on the site.
b. A Sensitive Areas Overlay rezoning requires a Sensitive Areas Development
Plan that delineates protected sensitive areas and associated buffers in the
manner of a planned development, which Plan shall be submitted and approved
as part of the rezoning.
c. Review and approval of a Sensitive Areas Planned Development shall be by
ordinance in accordance with the Planned Development Housing Overlay Zone
(OPDH) procedures, as specified in subsection 14-6J-2D of this Chapter.
2. Sensitive Areas Site Plan
Ordinance No.
Page 6
Normal maintenance/expansion of existing single-family or duplex residences, Exterior
remodeling, reconstruction or replacement of single-family or duplex residences in
existence as of December 13, 1995, provided the new construction or related activity
connected with an existing single-family or duplex residence shall not increase the
footprint of the structure lying within the sensitive area by more than a maximum total
of 1000 square feet, and also provided there is no encroachment by said activities,
including grading, into a jurisdictional wetland, a designated sensitive areas conserva-
tion tract and/or protected sensitive area.
Construction of new single-family or duplex residences. Grading, clearing or develop-
ment activities not to exceed a maximum total of 20,000 square feet in area on a tract
of land for the purpose of construction, landscaping and/or associated improvements
for one (1) single-family or duplex residence, provided there is no encroachment by said
activities into a jurisdictional wetland, a designated sensitive areas conservation tract
and/or protected sensitive area.
Drainage ditches/groundwater monitoring wells. Normal and routine maintenance of
existing drainage and storm water management facilities are exempt. This exemption
includes vegetative maintenance for access and storm water/flood control purposes
within and adjacent to drainageways. Except for temporary storage outside a wetland
or water body, placement of fill or dredge spoils is not exempt under this subsect~on.
Groundwater monitoring wells, when constructed to standards approved by the City,
are exempt.
Woodland management activities. Practices associated with timber management
standards as defined by the International Society of Arboriculture, or existing tree
farming operations, such as Christmas tree farming, fruit or nut tree production and
tree nurseries, during such time as the land is used for tree farming operations are
exempt.
Uses Permitted Within Protected Sensitive Areas and Buffers.
Where it can be shown that a use will not be detrimental to the functioning of sensitive areas
or associated buffers, or pose a public safety hazard, the following uses are permissible,
subject to City approval during the application process set out herein:
1. Parkland, private open space, and trails that provide opportunities for environmental
interpretation and are designed to incorporate features that protect areas of wildlife
habitat, water quality and the natural amenities in protected sensitive areas and
buffers.
2. Stream crossings, such as bridges, roads and culverts, and/or streambank stabilization
which is designed to minimize the reduction of the flood carrying capacity of the
stream and are in compliance with all federal and state regulations.
3. Essential public utilities such as storm and sanitary sewers, water mains, gas, tele-
phone and power lines, and storm water detention facilities are permitted if they are
designed and constructed to minimize their impact upon the protected sensitive areas
and associated buffers. The design and construction of utilities should also include
measures to protect against erosion, pollution and habitat disturbance, and result in
minimal amounts of excavation and filling. Upon completion of the installation of the
public facility or line, the sensitive protected areas and associated buffers shall be
restored by those persons responsible for the disturbance.
Submittal Requirements: Prior to development activity defined herein where a tract of land
contains the sensitive features listed in Section 14-6K-1 C, entitled "Applicability," and where
the land must be developed in accordance with the provisions of the Sensitive Areas Ordinance
and is not otherwise exempt, the Owner shall submit six copies (6) of a Sensitive Areas Site
Plan and an application for its approval to the Department of Housing and Inspection Services,
or if required, shall submit ten (10) copies of a Sensitive Areas Development Plan and an
application for a Sensitive Areas Overlay rezoning to the City Clerk.
1. Sensitive Areas Site Plan: Submittal information for a Sensitive Areas Site Plan shall
include:
Ordinance No.
Page 13
a. Steep Slopes - Any property containing steep slopes (18-24%) shall be required
to submit a Sensitive Areas Site Plan, unless said property qualifies for an
exemption under Section 14-EK-1D. The Sensitive Areas Site Plan must
conform with the design guidelines specified in Section 14-6K-114.
b. Critical Slopes - Any property containing critical slopes {25-39%) shall be
required to submit a Sensitive Areas Development Plan and a Grading Plan,
unless said property qualifies for an exemption under Section 14-6K-1D. The
Sensitive Areas Development Plan must conform with the design guidelines
specified in Section 14-6K-114, and the Grading Plan must conform with the
requirements of the Grading Ordinance.
c. Protected Slopes - Any area designated as a protected slope (40% +) shall not
be graded and must remain in its existing state, except that natural vegetation
may be supplemented by other plant material. Any such property shall be
required to submit a Sensitive Areas Development Plan and a Grading Plan,
unless said property qualifies for an exemption within this Section. The Sensi-
tive Areas Development Plan must conform with the design guidelines specified
for steep slopes, and the Grading Plan must conform with the requirements of
the Grading Ordinance.
Buffer requirements: A buffer will be required around all protected slopes. Two feet
of buffer will be provided for each foot of vertical rise of the protected slope, up to a
maximum butte: of 50 feet. The buffer area is to be measured from the top, toe and
sides of the protected slope. No development activity, including removal of trees and
other vegetation, sl~all be allowed within the buffer. If a geologist or professional engi-
neer can demonstrate to the satisfaction of the City that a development activity can
be designed to eliminate hazards, the setback and buffer requirements may be reduced.
BUFFER REQUIREMENTS FOR PROTECTED SLOPES
REGUIREO SUFFER
REQUIRED BUFFER 2' FOR EVERY 1' OF
;2' FOR EVERY 1' OF VERTICAL RISE UP TO
VERTICAL RISE UP TO
A MAXIMUM OF EO' PROTECTED SLOPE [40% OR GREATERI A MAXIMUM OF 50'
NOTE: BUFFER MAY BE REDUCED UPON REVIEW AND APPROVAL OF A SPECIAL STUDY.
Design Standards: The following guidelines shall be addressed when either a Sensitive Areas
Site Plan or a Sensitive Areas Development Plan for property containing steep slopes is submit-
ted:
a. Except for commercially or industrially-zoned properties, every lot or parcel
shall have a construction area equal to at least 40% of the minimum lot size
required by the zone in which it is located. IFor example, the construction area
Ordinance No.
Page 20
Alley Design Guidelines:
a. The use of alleys to provide for vehicular access to individual lots and an
alternative location for utility easements can enhance the livability of compact
neighborhoods. When alleys are used, lot widths can be reduced to approxi-
mately one-half the otherwise required 45-60 foot lot width. In this manner,
more lots can be developed per linear foot of street paving.
Alleys, which are located parallel to local streets, are encouraged. Where
alleys are provided, driveway access to lots shall be via such alleys to the
extent possible. In such locations, curb cuts onto a parallel street should be
minimized. Utility easements should be located in alleys to the extent possible.
c. Alleys should have a minimum pavement width of 16 feet. The paved alley
should be centered within a right-of-way or easement which provides sufficient
room on each side to allow for a utility corridor.
Conventional street design Alternative street design with
vehicular access from rear lane
Pedestrian Walkway Guidelines; To assure that pedestrians have adequate access
throughout a development, sidewalks and pedestrian pathway networks should be
provided. The location and design of pedestrian sidewalks and pathways should be
based on the volume of traffic anticipated on the adjacent street; the length of the
segment of sidewalk or walkway; the need to provide for snow storage when walk-
ways are located adjacent to streets; and the degree to which access to an environ-
mentally sensitive feature is desirable.
Land Uses: The design guidelines of the Sensitive Areas Overlay Zone are intended
to encourage a mixture of housing types, and where appropriate, commercial uses.
When located adjacent to single-family and duplex structures, multi-family buildings
should be of a scale, messing and architectural style that is compatible with the
adjacent lower density residential development. Developments consisting of only one
housing type are discouraged except where the development is of a small size. A
mixture of the following land uses are encouraged to be integrated within a develop-
merit:
a. Detached single-family dwellings.
b. Duplexes.
c. Zero-lot line dwellings and townhouses.
d. Multi-family buildings.
e. Accessory apartments limited to less than 800 square feet in floor area provid-
ed that they are located within an owner-occupied dwelling or within a permit-
ted accessory building associated with an owner-occupied dwelling.
f. Commercial uses which are appropriate in scale and compatible with nearby
residential development. Commercial uses are not permitted in Sensitive Areas
Development Plans for properties less than two (2) acres in size.
Dimensional Requirements: To encourage more compact development and allow the
transfer of dwelling unit density from environmentally sensitive areas of a property to
Ordinance No.
Page 4
SLOPE, PERCENT OF: The slope of a designated area determined by dividing the horizontal run
of the slope into the vertical rise of the same slope and converting the resulting figure into a
percentage value.
SLOPE, PROTECTED: Any slope of forty (40) percent or steeper.
LOPE, STEEP: A slope of eighteen (18) percent, but less than twenty-five (25) percent.
,M CORRIDOR: A river, stream or drainageway shown in blue (the bile line) on the most
~ .S. Geological Survey Quadrangle Maps, and the area of its deli}~eated floodway. In
cases ~[ ~ no floodway is delineated, the blue line will serve as the ,~nterline within a 30-
foot ~ ida, st~ corridor. /
TREE, F(~REST: ~,ny tree two (2) inches in diameter or greater/find included on the list of
f°rest trees appr°v~x~,Y the City' ~
WETLAND: WETLy. ND ~ iAS: Those areas that are inundated .or.saturated by surface or
ground water at e frequen , and duration sufficient to sup/o'ort, and that u0der normal circum-
stances do support, apr lance of vegetation typica/tCy adapted for life in saturated soil
conditions. Wetlands ger include swamps, mar/~h.es, bogs,. and .similar areas. For the
purposes of this ordinance ,~an a juris/dictional wetland that is regulated by the
U.S, Army Corps of Engi speciali/s't based, on the current federal delineation
manual. ~
WETLAND SPECIALIST: An
Wetland Scientists, and/or
in wetland areas which may include delin,
as a wetland specialist by the Society of
,= to the City that they have expertise
tion, mitigation and evaluation.
WOODED AREAS: Includes woodian
roves of trees, as defined in this section.
WOODLAND, WOODLAND AREA: , tract nd with a contiguous wooded area not less
than two acres and containing less than 200 per acre.
WOODLAND CLEARING:
Section by physical,
total opening in the woo(
Applicability:
1.
chemical or other
canopy of 20,000 s~
trees within woodlands subject to this
such that the clearing results in a
or more.
Sensitive Are~ y (OSA) Zone
a. A S Areas Overlay (OSA) rezoning
ac on properties containing any one of the
Wetlands,
Woodlands two acres in size or greater,
exist on the site,
3) Critical slopes (25-39%), or
4) Protected slopes (40% +)
;quired prior to development
sensitive features:
other sensitive features
on the maps
ified as existing
as defined in the Definintions Section herein and as
referenced in subsection 14-6K-C3 of this ordinance and/or
on the site.
b. A Sensitive Areas Overlay rezoning requires a Sensitive )ment
Plan that delineates protected sensitive areas and associated :fers in the
manner of a planned development, which Plan shall be submitted ar ~roved
as part of the rezoning.
c. Review and approval of a Sensitive Areas Planned Development by
ordinance in accordance with the Planned Development Housing Overlay
(OPDH) procedures, as specified in subsection 14-6J-2D of this Chapter.
Sensitive Areas Site Plan
ORDINANCE NO. 95-3698
AN ORDINANCE AMENDING TITLE III, "CITY
FINANCES, TAXATION AND FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND
PENALTIES," OF THE CITY CODE BY
AMENDING TITLE III, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4,
"PUBLIC TRANSPORTATION."
Description
of fee,
charge,
bond, fine,
or penalty
Bus 'n Shop
coupons
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY. IOWA:
SECTION i: Section 3-4-6, Title III, Chapter 4.
of the City Code of Ordinances, should be and
is hereby amended by inclusion of the following
fees in Section 3-4-6:
Amount of
fee, charge,
bond, fine,
or penalty
$0.35
City Cede
Chapter,
Article, or
Section
reference
SECTION II. REPEALER. All ordinances and
pads 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 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 jLtsr._ day of
November 19 95
I~IAYOR ~ ~ ,/ //~,-,.._ J
ATTEST: ,~Z,4,~t~4~ '~, ~
CITY C'I:E RK
Cit~ A~orney s Office~ ~
Ordinance No. 95-3698
Page 2
It was moved by l~igot t and seconded by
as read be adopted, and upon roll call there were:
Kubby
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
that the Ordinance
First Consideration 11/7/9.5
Vote forpassage~.¥ss: Throgmorton, Baker, Horowitz, Kubby, Lehman,
Novick, Pigott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published 11/22/95
Moved by Pigott, seconded by Throgmorton, that the rule requiring ordin-
ances 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: Throgmorton, Baker, Horowitz,
Kubby, Lehman, Novick, Pigott. NAYS: None. ABSENT: None.
ORDINANCE NO.
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
skateboards,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,"To¥
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
person 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 shell 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
Ordinance No,
Page
It was moved by and seconded by
as read be adopted, and upon nil call there were:
AYES: NAYS: ABSENT:
. Baker
Horowitz
Kubby
Lehman
Novick
Pigott
· Throgmorton
that the Ordinance
First Consideration 9/26/95
Vote for passage: AYES: Horowitz, Lehman, Novick, Pigott, Baker.
NAYS: Kubby, Throgmorton. ABSENT: None.
Second Consideration 10/10/95
Vote for passage: AYES: Pigott, Throgmorton, Baker,Horowitz, Kubby,
Lehman, Novick. NAYS: None. ABSENT: None.
Date published
City of Iowa City
MEMORANDUM
Date: November 16, 1995
To:
From:
Re:
The Honorable Mayor Susan M. Horowitz and Members of the City Council
Linda Newman Woito, City Attorney
Staff Report on "Toy Vehicles" as directed by City Council; Recommendations
"Toy Vehicles;" Recommendations
City staff met October 24, November 3 and November 16, 1995 to discuss "toy vehicles," as
directed by the City Council, and included: Bill Dollman, Parking & Transit; Capt. Strand and
Capt. Harney, Police; Terry Trueblood and Sheri Thomas, Parks and Recreation; Jim Brachtel,
Traffic Engineer; and Anne Burnside, First Assistant City Attorney. Based on the attached
research Terry Trueblood completed, together with a review of our existing laws and problems,
the Committee unanimously makes the following recommendations:
1. City Plaza
The same restrictions be continued as now exist, namely a complete ban on all rollerskates,
rollerblades, skateboards and coasters in the City Plaza/Pedestrian Mall.
2. New Definition
The City recommends the definition of "toy vehicles" be replaced by "play vehicles," which shall
include, but not be limited to rollerskates, rollerblades, skateboards, coasters and in-line skates
(see attached sample ordinances).
3. Downtown Area - Ban Play Vehicles on Sidewalks and Public Parking Areas
This would be a new provision to the City Code, and would ban play vehicles in the central
downtown area, designated as the area bounded by Capitol to the west; Burlington to the
south; Van Buren to the east; and Iowa Avenue to the north.
4. Streets
Include the same ban on all play vehicles in streets, and amend the ordinance to clarify that
"roadway" includes alleys as well as streets.
5. Permits Play Vehicles in Residential Areas.
This would be a modification of the existing City Code, and would permit play vehicles on
sidewalks in residential areas, but only to the extent the play vehicles must yield the right of
way to pedestrians and could not in any impede pedestrian travel.
2
6. Ban on Skateboards in Chauncey Swan Park
This would be a new amendment to the City Code, and would ban skateboards in Chauncey
Swan Park. This is based on a recommendation from the Parks and Recreation Department,
due to repeated problems.
7. Parks (Other Than Chauncey Swan)
This would be a clarification of the City Code (since our current law is silent), and would
specifically permit play vehicles (rollerblades, skateboards, rollerskates, etc.) in city parks
except where posted as prohibited, and only to the extent the play vehicles were used in a safe
manner so as not to injure persons or property.
8. Roller Hockey
The Committee does not recommend sanctioning the use of the top level of City parking ramps
for roller hockey purposes. Rather, the staff recommends that if the City Council so chooses,
the Parks and Recreation Department could begin a program for roller hockey.
9. Play Street
This section of the Code, which grants authority to the Traffic Engineer to designate "play
streets" is currently an anachronism, and does not belong in the traffic control portion of the
City Code, but is more appropriately dealt with under Code sections dealing with use of public
right-of-ways for "block parties." Apparently certain streets used to be designated as "play
streets" by the Traffic Engineer for sledding -- e.g. Market, Jefferson or Washington Streets.
The Committee recommends the provision be incorporated into the "use of public right-of-way"
provisions, rather than under the "traffic provisions."
10. Designated "Paths" in New Development
If the City Council wishes to encourage "alternative methods of transportation," the Committee
recommends the City require that at least one sidewalk be designated as a "path" for multiple
shared uses by pedestrians and play vehicles, at a width of 8-10 feet, in all new subdivisions,
new development, and new public improvements.
'1'i. Enforcement of Snow and Ice Removal on Residential Area Sidewalks
Since the Committee is recommending that play vehicles be permitted in residential areas on
sidewalks, the Committee recommends the City take greater enforcement measures in
residential areas to make sure that joggers, rollerbladers, etc., can use the residential area
sidewalks more safely in the wintertime.
'12. Designated Facility for Play Vehicles
If the City Council wants to encourage safe use of play vehicles, the City Council may want to
look at a joint venture with the private sector for a designated facility for play vehicles - as other
cities provide.
3
13. Safety/Enforcement Staff
If the City Council finds that safety is an additional factor in protecting the public, as well as the
users of play vehicles, the City Council should consider additional enfomement staff -
especially in the downtown area where the greatest problems are rollerbladers and skateboards
- mostly as reported by merchants.
I am attaching a copy of Terry Trueblood's memo and research, which includes ordinances
from nine cities, together with my October 1995 memo outlining what is currently permitted
and prohibited rollerblade and skateboard uses, FYI,
Two final notes: The Committee chose not to deal with bicycles -- since that is an entirely
different matter, apparently being handled by other city staff. Finally, we hope this information
is helpful to you, and suggest the following two choices for the agenda item on "banning toy
vehicles in parking ramps and parking lots:"
Adopt the ordinance, and amend it later when the City Council has agreed to adopt
some, or all of the Committee's recommendations.
Defer the parking ramp/toy vehicle ordinance indefinitely, and direct staff to draft
ordinances necessary to follow-up on some, or all, of the Committee recommendations.
Attachments
CC:
City Clerk
City Manager
Assistant City Manager
Police Department: R.J. Winkelhake, Don Strand, Pat Harney
Parking & Transit: Bill Dollman
Parks and Recreation: Terry Trueblood, Sheri Thomas
Public Works: Jim Brachtel, Traffic Engineer
Anne Burnside, First Assistant City Attorney
Im~sffrpt rr~no
TO:
FROM:
DATE:
RE:
CITY OF IOWA CITY
PI~RKS AND RECREATION DEPARTMENT
"Toy Vehicle" Committee
Terry Trueblood
November 14, 1995
Information from other communities
RECEIVED
N 0 V 1 6 1995
CITYATTORNEYS OFFICE
Attached to this memo you will find code excerpts
following nine communities:
Ames, IA Boulder, CO
Cedar Rapids, IA Madison, WI
Dubuque, IA Eau Claire, WI
Coralville, IA Columbia, MO
Lawrence, KS
from the
Two other communities (Cedar Falls, Iowa and Stillwater,
Oklahoma) indicated they have no code dealing with
skateboards, skates, etc. They both indicated there is no
need, because there are few, if any, problems.
I also requested information from Des Moines,
Indiana and Champaign, Illinois, but have
response at this time.
Bloomington,
received no
In gleaning information from the materials received, plus my
conversations with the individuals contacted, I can offer the
following summary:
Most, if not all, of these communities prohibit the
use of these devices in their business districts,
parking ramps and streets.
Most of them permit their use on sidewalks, but not
in business districts.
All of them permit their use in parks and on hard-
surface trails, but some designate specific areas
where they are allowed or prohibited (i.e., tennis
courts).
The following are additional tidbits of information which you
may find interesting:
The City of Madison specifically excludes in-line
skates from its definition of "play vehicles". In
other words, they are permitted virtually anywhere
and everywhere.
The cities of Lawrence and Stillwater are
converting some old and under-utilized tennis
courts into in-line skating rinks.
About 3 or 4 years ago, the City of Ames was
considering the construction of a modest skateboard
facility due to some "clamoring" for the need.
They didn't do it right away, and the issue has not
resurfaced, so the facility was never built.
The Director in Columbia is currently preparing a
report for the City Council as to whether or not a
need exists for a "skateboard park"; he does not
believe one will be constructed.
Also in Columbia, a private citizen constructed a
skateboard park several years ago as a money-making
venture. It was open for about six months, then
was demolished and a car wash constructed in its
place.
The City of Boulder has experienced conflicts on
their trails between in-line skaters and other
users.
Also, the City of Boulder constructed a small
skateboard park, which is operated on a fee basis
by the ¥MCA/YWCA.
Besides Cedar Falls and Stillwater, other
communities who reported insignificant problems
with "toy vehicles" include: Ames, Coralville,
Dubuque, Cedar Rapids, Eau Claire and Lawrence.
In closing, of the individuals with whom I spoke, none of
them indicated "toy vehicles" being a serious problem... at
least not in their respective opinions.
coralville_park_B_rec TEL No.3193547614 Nov 14,95 18:35 No.001P.02
135,07 Washing ¥oMcles
136.08 Bu~ntng P~oMbt%ed
~36.09 ~c~vat~ons
135.10 ~l~n~ of Parkt~ or TerrAco
136.~Z ~tlu~ ~ Haln~tn Pa~t~ or Tor~ce
135.12 ~t~ of S~
135.01 ,~REM0VJt5 OF WARNING D~VICES. It is unlawful for 9 person
to wll~lf~Ily remove, {brow down, destroy or carry away zrom any
street or alley any lamp, obstruct/on, guard or other article or
things, or extinguish any lamp or other light, erected or placed
thereupon for the purpose of guarding or enclosing unsefe or
dangerous pleces in said street or alley without the consent of
the person in control thereof.
(Code of Iowa,
Sec. 716.1)
It iS unlawful for ~ny person
any street or alley in any
135.02 OBSTRUCTING OR DEFACING.
%0 obstrdct, defers, or injure
manner.
(Code of Iowa, Sec. 715.1)
135.03 PLACING DEBRIS ON. It KS unlawful for any person to
throw or de~tt on any street or alley any glass, glass bottle,
nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal,
or any other debris, or any other substance likely to injure any
person, animel or vehicle.
(Code of Iowa, Sec. 321.369)
Ss35.04 PLAYING IN. It is unlawful for any person to coast,
led or play games or use skateboards, roller skates, in-line
katss, or scooters on streets or alleys, except in the areas
, blocked off by the City for such purposes.
(Code of Iowa, Sec. 364.1212])
135o05 TRAVELING ON BARRICADED STREET OR ALLEY. It is unlawful
~or any person to travel or operate any vehicle on any street or
alley temporarily closed by barricades, lights, signs, or flares
placed thereon by the authority or permission of any City
official, police officer or member of the fire department.
Code of Ordinances, Coralville, Iowa
- 561 o
NOV- ?-95 TUE 11:11 CITY OF AMES LEGAL ~EPT 51~2~9~142
P,02
However, the number of ~tid Legs ~t the evcet shall not ~ moro ~
p~or ~ho~on of~ ~ Ci~ Council
P~Pa~ In~on R~red. At ~o ~me t~ ~it is ~pli~ for ~o appli~t
shall ~i~ ~o fim~ ~ ~o ov~t will ~ ~d en~ ~c ~t ~1 ~
~lice ~a~t ~y m~e a pm.~ i~on to ~nc ~t ~1 ~ ~ve ~ m~ in
a~r~ ~th ~c ~li~fion and ~o ~i~ of~o ci~ ~o. At ~e ~mo
kegs m ~ ~ ~1 ~ ~ ~ si~ to ~ ~k~ or ~ for l~fifi~ion ~ ~o ~lt~. It sb~ ~ a ~o1~
m have a keg not m ~ on t~ site ~ ~c ~L
Vtol~i~ of ~ ~on ~1 ~tu~ a d~lo misSnor p~s~le by a fi~ of
n~ more ~ ~1~ ~ impfi~nt ~r not more ~ Ai~
(~ 2~ ~. /, ~-22.~; ~. No. ~, ~. ~, 2.~8; ~. ~o. ~0~/. ~. /,
~ 1~.~ 8~T~BOA~8 PROHIBITED IN CERTAIN ~CA~ON~
In ~o ~ bo~ by ~ ~uth ~ of ~ln W~ on ~e ~, ~e ~ linc of Sixth S~t on
· o noah, ~e ~ line of ~ff Avenue on ~ ~ ~d a ]~e ~ong ~e w~m~ ~8e of P~e Argue
e~on~ noah to Ao ~ line of 8AA S~t ~d ~u~ ~ ~e ~ I~e of Marin Way, ~e fidin8 or ~ of
sk~d~ and ~imfl~ devie~ is pm~bi~ in or on any p~ of public ~
~. ~d in or on ~y ~ of~y ~lic ~n8 or public pm~.
~ 1%~. SNOWMOBIL~
~e onion of sno~obil~ on ~y pm~ of Ae Ci~ of Am~ inc]u~
ciW, or on ~ ~ or ~ of ~ fi~t~f-~y of ~y p~lic ~, ~1oy, ~h~y,
including ~e ~nl the~ is prohibit~ ~ at such p1~ in cl~ p~ ~
~ks ~d R~on ~m~ion, ~d ~ch other p~ u may ~ ~pr~ly ~o~ ~ ~e Ci~ Co,oil.
To Ae ex~nt Mlow~ by the A~ of ~e S~ of Io~ ~o~it~ may ~ u~ ~r eme~ pu~
~re, ~mc.
Supp #19/1990
17-15 Rats.. 4-I-95
~ 09:20 ¥,'~ 319 398 0471
CITY CLERK OFFC.
9.02 TRANSPORTATION CORRIDOR. by or in tl~ c~stody of any such othc~ posen or in which
Transperi.fen c. arddo~ stmli o~hllshlocations wh~m any such othe~ person is riding of altemp~.~ to fide.
fighu-of-way shall b~ set a.sido and prcse~ for futu~
wansportatlou faotliUss. Said W, msportafion conidms may 9,05 CONGRI~&TING ON SIDEWAY.I~.q.
involve all mo4~ of transportation of bcadit toinduatr% No group of p~sons shall collect or ~ on any
b~incas, and rccrcafi0a. Tmnpo~ation eouidon r~ay be sidcwslk so us to obam~ the free passage thc~on, and
~stablbhed for [~r~cdiaze transportation v~ds whc~c ~egl~ct or refuse to disprove upon the rcque.st or corn-
studies have ~ ~ substanlS~fing a ac~l f~ a tra,u~- mand of a police of~cer.
ponatinn f'a;fllty or fur future 10~§-range phnntn~ where
and obtaining of futur~ con'idors can prc, se. tve through thoNo person shall ttaz down, remow or ~ aura), any
deslg~atlon, r~.c~don a~d/or obtaining fighc~-of. way fo~ fence, tailing, or other gu~ pl~.d abou~ any ~xcav~on
future, ctm.~tly unplanned tnnspenmi0n ~. or pile of dirt, rock or other marshal. or ~.~now or carry
(a) The c~ignation of U-a~aporuaion con~dor~ and away or e. xdngulsh d~c ligh~ of any lant~rn or other light
corridor figS*of-way may be establhhed by n~ohQon wi~ch has been se~ a~ a w~taing at any ex~ava~o~ or pile
of the City comu7 dtcr ~a~vtng a recom.u~da~on of m.~t~al.
(b) Once designation all provhiona of the Mayor /'"9.07 SLEDDING ~ COASTIN~'bN
Street Plan as e4tabliabcd in Sections 9.01 ~hall apply to CERTAIN PUBLIC PROPERTY.
~a~sponatiou corridors and be applicable to the designs- No pc~son shah coast or slkle upon an), sled, ska~.
tian, obtaining, and preservation of future rigtm-of-wey. boord o~ other _co-_ _qing dcvic~ upon a pubtlc skl~talk In
a commercial distd,~ doffned m Section 32.06(a)2 ~f bhls
(IP-~4)
Code, a public smzt, public paridu§ lot. o~ public park~g
9.0~ OBh-raUCTING b'T1U~TS. ~ ramp own~ by the City of ~ 1L?'a~. The
unless the name is specifically pe. rmltted by the ~ ~ sionc~ of Struts and Pablic Improy..,em~2 with the
nancgs of the City of Cedar Rapi~, no person shall
~ ap .Ir?Va~ of the Co,~is~r of Pubtie Safe~y may
obsm~ct or endamgen, or place or permit m~d~iag to ~ desi~ C~-~in sty. ere whc~ coasting may b~ allowed
obstruct or or proper use by or
public of any street, ~11~. s~l~walk, or en~ranc~ to any
publicly uscd building, exccpq le~r1i.g and unloading of 9.08 GP,~ IN STREETS.
vehicles is per.tied, pmvktcd no more than one ~ of No person shall participate in any sport or game on
the riroe~ h blocked and the re. maLm~ of the street any succL alley or oth~ pubUc place wl~h h likely to,
remains at all fim~s comple.~ely open and unobstructed. or does injure pe~ons or Lutefore with the free passage
and in th~ case of aik'ys at least one half of the alley of vehicles the*con.
re.w.~ completely Ol~n and un0bsI~ unless 1~
City Council au~0fizcs by z~olmiou the. blor. kLug of a 9.G9 DEBItZS IN STREETS.
gmm:r po~ion of the su~c~ or alley. (32-85) No person, ~-~ or co~ou shall
No t~,on shall obst~ct a~y public place o~ any any oth~ kind, or nature o~ sub~tanes, uule~ expressly
cn~u~c, exit or approach to any pla~c of b~ess in or p~ by the Supm~temicnt of the Departant of
upon any publtc placein a manner ca. ted or with the Streets and Public Impmvcmc~ts or his duly authozizcd
htcnt to plover, delay, h~d~r or in~eu'e with t~ frcc ~ul:u:csc~talive.
passage of any od~ person who Ls ~mc~ng, occupying Any person, firm or cofpora~on U!~u8 a ~roct, aliey
or leaving any plac~ of busing, or ~ho L~ perfg~rrn~n$ or sidewalk or causing th~ ~to be m~ercdin vi0L~ion
a~y f~'vk~ or ]sbor, ~T who ~ ~e~__¥1~v or obtR~nln$ of the forggo~g proviXen sbaU tomeve ~ma clean up
employment, or who h pro'chasing, se, Uiag, delivering, ~m,~or_.,~_.~,rhlimnuxlia~ly and in no ovcut hl~r than
usiug, ~rti~g or rrceivl~g any goods, wares, m~- 6 hems thcrcaf~r. If th6 removal a~d clean ~p work is
chandisg, se~rvic~, cute~i nrn~l~ _ _a,'~'mm~"galious or 81g-no~ complcied within 6 hoor~ the wortc ~all b~ delta by
cica, or who i~ ~ ."~mpdul~ or seak~ to do any e! the the City of C~r Rapids ~ud ~h~ ~iirc co~ ttu~of
foregoing, or to pr~v~, delay, bjo4er or iu~ wilh charged m said l~nOn, finn or
· c free passgc of ~y v~aicle or convcyanc~
(eau ~, ~,~) 76
§ 32.250 DUBUQUE CODE
Sec, 32-250. Use of certain nonmotorized ve- .raffic or in compliance with
hielea, conveyances and equip- ~lice officer or traffic-control devk~
meat on Town Clock Plaza, and f~lowing places:
in certain other places in the ~ .) On a sidewalk.
city. (2 ~ In 'front of a public or pn
(a) No person shall be upon and make use of )~V
roller skates, skateboards, bicycles, or other (3._Within an intersection.
wheeled recreational vehicles, or conveyances
within the area oftheTown Clock Plaza or within (4 ithin five (5) feet on el
any muaicipal parking garage or municipal ~nt on the curb nearegt~.l
parking lot. (5) O]~a crosswalk.
This provision shall not apply to use era wheel- (6) Wiff~in ten (10) feet upon
chair or other similar conveyance when used for any ~ashing beacon,
transportation by any temporarily or permanently contr signal located at..
handicapped person, or to a wagon being pulled roadw.~v.
by a pedestrian at a walking speed.
(b) No person shall use roller skates, skate. (7) Within 'Ry (50)feetofth~.l~
railroad ~rossing, except =~
boards, wagons, or other wheeled or nonmotorized allel with 'uch rail and
recreational vehicles. with the exception of bicy- light.
cica, upon the roadway portion of any right-of-
way, except that a person nmy ose any of the above (8) Within twe,&,y (20) feet
proscribed conveyances in any marked or un- trance to an.~firestatiou.
' a street opp~w~te the ea~
marked crosswalk. station within~eventy-fi~,~l~l
Any person using nnv of the above proscribed entrance when~roperly
conveyences in cro.~ing a roadwey at a place other
than a marked or nnmarked crosswalk shall be (9) Alongside or oF -exile
subject to the requirements set forth in section tion or obstruct ~n
standing, or parkrug
32.243 of this chapter.
(c) The provisions of this section shall not apply (10) On the roadwaysk
to the above proscribed conveyances when used in or parked at the ed
any parade, exhibition, or gathering of persons
which has been authorized by permit from the (11) Opposite the entr~ ~
driveway in such a
city manager. conditions as to leav~ ~
(Code 1976, § 25.245) twenty (20)feetofthe~
Sees. 32.251--32-260. Reserved. for the free
(12) Upon any street or in
~I~TICLE VIII. STOPPING, STANDING of the city in such
conditions as to lear0
~D,PARKING* ten (10) feet of the wl~t~
DIVI~I~,L 1. GENERALLY such street or
of vehicular traffi~
No person shall stop, stand, or p_~i~h~veh!.cle, signs, or signals of a _l
At any place whets
except when necessary to avoid conflict w~ (13)
parking.
§ 10-35.
2036
11/13/95 15:45 BOULDER P~S AND RECREATION ~ 9131935654~7
NO.51?
?
No person shall use rollerblades, rollerskates, rollerskiis, a
skateboard, a unicycle, a bicycle, a tricycle, or any other
wheeled device other than a wheelchair occupied by a person with
a mobility handicap on any tennis court or shuffleboard court
owned, leased, managed, or operated by the City. Authority:
Section 8-3-3, B.R.C. 1981.
Copies of these regulations may be seen in the Boulder city
Clerk's Office in the Municipal Building, Brogdway and Canyon.
Persons wishing to comment upon these regulatxons may do &o zn
writing within 15 days of this notice. Comments should be mailed
to: Director of Parks and Recreation Department, p.O. Box 791,
Boulder, CO 80306, or presented to the City Clerk for delivery to
the Director.
'"-~6-19S~ 15:b-3 FROH iv10DiEON P0~KS DI~IsI~
~~ou~ lZT& ~, ~ 0~. ~, 7-~)
~7~ P~Y ~ N~ ~ BB US~ ON RO~WAy. No
. ~ ~r~lf
(D o~ o~.Ro~ ~ ~.
~or Vc~dc~
u of ~ motor wh~u wl~
the ~ of ~d~n w~o n~ on a ro~ whe~or on
341 or ~apter 350 of
~ ~d vo~ h~ ~ ~n ~st~d ~ ~e ~ of Ma~n ~d pro~
~plays a
(2) R~ffon ~e~ by ~e ~ Truer.
~on (1) of ~ sh~, ~ H~ ~Ser
of su~ off-r~d ~tor vcM~0 u~ aa repr~n~e
~{ be ~ n~ber~ ~d i ~ fo~
~o T~er ~1 ~ a ~to ~
(3) ~ PI~ m ~ o~or,
I~ately u~u ~e re~Uagou of ~ c
or ~ repr~u~ sh~ ~o to the motor vo~cle
og-road motor reMCo a reflc~
H~ plate ~H~ U~red to : r~aon of ~ off-r~d moor
8u~ It~n~ plate a~ ~ ~d to ~ off-r~d ~o ~te of e~on oI ~on.
~m ~e ~ ~d sh~ be kept r~ly ve~ele
to ~ off-road motor ve~dcle ~ ~e
~ffi ~ off-m~ motor ve~o h sold or
rc~o~ or
p~te ~ {~u~ A ~ee of ~o doU~ ($5)
~Y oSroad motor vehi~e under pro~ons of
H~g of
pla~ shall be i~ued for ~ ad~tton~ one doll~ (~1) fo~, No
do~ or d~oy ~y ~ch li~ plate. In ' · · F ~move,
lleu ot ~umg a new plate u~n rea~ o~
re~a~on of ~ o~ad motor ve~, the
~ a~ or de~s to ~o the e~lration da~ of re~on.
Rev. 10/15/94
12 - 60
MADISCN F~S DIUISIDN TO
83193565489' P.11
OFFENSES AGAINST PUBLIC SAFETY
-- FOR FLr~JI~ Ub~ (tL by OrcL 6280, 6-19.78)
No person shall sell, or offer for ~ and no person shall purche~o, cany, 80
shoot or use any sllnl~hot or similar device desiSned w liu'ow or propel any
of Madison.
0)
(2)
NO'
Madiron.
For
or ro~ connected b
~m a ro~d~
(c) ~ A sho~
AND MANUFACIT1RE OF CF, I~AIN WKiPONS FROHIBIT~.
sell, mm~ffac~ro, purchase, posse,.~ or carry a 'N_u._m__chul~ (also callcd
"Churkin" or a 'Suehal" or similar weapon, wtth{n the: City of
following definitions shall apply:.
An L~l~umont consisfln$ of two or more sticks, dubs
cord, wLro or chain.
knife eons~Jng of several sharp poinla protruding
in the hand protrudes on either stdo
m~y not have spikes or short
State of Wisconsin Crlra¢ laboratory
Any pcrson violating this otdinanoc shall be
doll~ ($100) upon conviction.
25,28 Cr0 by Ord..569~, 12-28~76)
which when grlpp~
Such prohibiw..d iizstrumant may or
d~stroyed or turned over to the
s~bjec~ ~mc of up to one hundrcd
SKATE, BOARDS. No person shall operate a skateboard on tiao sidewalk in a business distrI~
A busfnc~ district for the purpmes of this section is defined as any area containing prlmlnly
corninertial tyl~-Uscs which generate heavy pedestrian traffic dutin8 the lmsinc~ hours. Said
Imstness d~ shall have a mtrdmum siroct frontage of one hundred (100) f~ct. Skateboarding
On 9td~¥alks ~s pcnnktcd, except as prohibltexi in this subsection and otherv~ reoulated. (Cr.
FOR ~ USE.
PENALTY. Any person who shall violate any provision of tiffs ~apter shall be subject to a
forfeitItc of not l~,,s than ten doltsis ($10) nor more than one htmdrcd dollars ($100).
TOTPL P. I!
~-19~5 15:47 FROM MADISON PARKS DIVISION TO 831935G5487 P,05
12.01
~.llne skates shail mean skates with wheels ~cd ~ ~ n ~m ~e ~er ~
(~. ~ or~. ~o,9~1,
m~s ~ ~ca ~b~d wi~ ~e prolo~oa or ~on of ~e ~ ~
hc bound~ ~ea of ~o ro~a~ of ~o (2) or more hi~ap wM~ j~ one
app~ately a~, fi~t ~es, wheaer or not one ~ ~w~ ~ ~o o~er, or
wM~ vehid~ ~ve~i upon ~crent hi~a~ jo~ln~ a any o~or ~o may
r6~crv~
tdther.
Molfile honl¢
designed, equipped ~d
Mo~ed
~r ho~ ~ a 3
means that portion of a higitway adjacent to the curb or edge of the htgiiway
for the purpose of loading or unleadin
~ chapter, when sum losdin8 zone Is appropriately d~tgnal~l by the
a vehlclc d~igned to be drawn upon a hiEhway by a mo~or v~hicle and
eatins and living quamrs.
following motor vehicl~ capable of spells of not more ~ 30 mll~s
t a d~, level, hard surface with no wind, excluding a tractor, a power
and a seat for the operator:.
operative pedals for propulsion by hu__msn power and an en~ne
not more than 50 cubic centimeters or an equivalent power
2. A Type 1 motorcycle with
maniactutor at not more than 50
(Or. by OnL i0~l,
Motor ~ie~cle means a
been added to pern~t the vehfclc to travel at
150-pound rider on a ct~y, !cvcl, hard surfaco wlth
by O~d. tOO~L ~-~-~0)
~otor bus means a mo~or vehicle
t~ property and hayin8 a ~
operator. Passenger canTing capadt~
space measorcd in fnchca. (Am. by Ord. 9227,
~'ansmlssion and an engine certified by the
c centimeters or an equivalent power unit.
not an integral part of the vehicle has
of not more than 30 mil~ por hour with a
wind and having a mat for the operator. (Am.
for the transportation of persons rather
or more persero, including the
dividing by twenty (120) the total seating
~L93fllIi~L~ mearl~ a motor vehicle, excluding a
of speeds in ex~a of 30 miles per hour with a 150-pound
wind, with a power source as an integral part of the vehicle,
paragraph L or 2.:
L T!~ 1 is a motor vehicle which meets either of the
a. Is d~slgnod and built with 2 wheels in tandem
modified to have no more than 3 wheels by
in tandem without cb~nghlg the location of the power
b. Is designed and built to have no more than 3 wheels
more than 3 passeusers, and does not have the operator are;
2. 'I~e 2 is a motor vehicle destgned and built to have at least 3
ground, a cuxb weight of le~ than 1,500 pounds, and a patenget and
pm~anently enclosed with rigid construction and a top which may
(Am. by Ord. ~005L 6-?.&90)
an ill-terrain vehicle, whteh Is capable
a dry, level, hard surlYace with no
meets the eonclifiom under
the operator, and may be
r to one s~de of the wheels
r the operator and no
in contact with the
sides
Rev. 10/15/94 12- 8
NOV-~19~5 15:48
FROI~ MADISON PAI~S DIVISION TO 8~1935G5487 P.~G
in ~on~
driven
Motor
~emporary or
mobile home.
l~iotor truck
transportation of property.
~totor ¥ehtcle means
all-terrain veldc~e shall onL~
statute. (Am. by Ord. 10051
MultipleJ~m.h~ad
to us~ any an~ of two (2)
r driven ~yclo mua~s a motor vehicle designed to travel on not more than three (3) wheels
a scat for the use of the r/der, ineludtn§ motorcycles, power
but ex~lud~g tra~tom,
m~ms a motor veMcte designed to Ig ol~rat~ upon a highway for use as a
dwelling a~d having the same intoreal cha~actc~Hc~ and equipment a~ a
i. 10051, 6-28-~0)
motor vehicle designed, used or ma/ntained primarily for the
~. by Ord. 1O051,
which ia s~lf-propclled, except that a snowmobile and an
motor vehicles for purposes made specifically applicable by
Ilionresident m~m~ a p~rsou who
_Official trat~ control
'with Chapters 341 to 349,
havln§ jugsdtctlon for th~ purpose
"official traffic sign" and "official traffic stgnar.
Operating privilege means, In the ease of
Wisconsin 8ratares, ~¢ lic~as~ so grantS; in the ~
it means the privileSe to secure a froease urnlet
nonre. dent, it means the operaSrig privllego granted 1:
ellamite means a person who drives or is In a~mal
Ovm~ moaaa a person who holds the legal litl~
is the subject of an agreement for the madltlonal sale
performance of the condition stated in tim agreement and with an
in the conditional yeadee or losace, or in the event a
then such condR~onal vc~dce or levee or mo~gn§or b the ownc~ for
~ means any penon afooL or any pcnon in a
mcchank~Hy propelled, or other low-powered, mccba~cally
a head lamp dcalgncd Io permit the operator of the vehiole
of 1tsht on the roadway.
a s'e~ident of this state,
siC*m, signals, ma~k~ss and dcvice~ not incona~stent
t authority of a public body or ofr~al
; or guiding traffi~ and includes the terms
Ord, 6967, 4-30.80).
who is licensed under Chapter 343,
resident of thL~ state who is not so lieerred.
Wtsconsln Statutes; in the case of a
(2)(e), Wtscon~ $tatute~
vehlcl¢.
:, e. xc~pt that in the event a vehicle
the right of pu~hase upoa
re. steal
entltl~ to ptmesslon,
eithar msnually or
;peelfically for
use by a phyalcatty disabled person. (Am. by Ord. 9600, 10-1488)
PI~ vehicle shall mcan a coaster, skateboard, roller skates, sled, tobog~m, unicycle or toy
vehicle u on which a orson may ride. t does not include in.line skates. (Cr. by Oral. 10,951,
~ means a wick-type liquid Ournm8 clcv~cc ac~§nca to produce a steady bunun8 flame
as a warning signal.
power driven qycle means a motor driven cycle weighing between one hundred (100) and three
hundred (300) founds fully equipped but without gasoline or oll and designed to travel not ov~r
thirty-five (~5) milc~ per hour with a one hundred fifty (150) pound rider on a dry. level, hard surfac~
with no wind.
12 - 9 Rev. 10/15/94
15:49 FROM MADISON P~S DIVISION TO 8319356548? P.8? 1'
[ is every way or plac~ in private ownen~hip and used for vehicular travel
only those having e~pres~ or implied permalon from the owner and every road or
public instltut~ons othar than public schools, as defined in Sec. 115.01(1),
Wls. $ta~ sundcr ~hc jurisdiction of the county iroard of supervisors, (Am, by Ord.
9585, 107-88)
~ any sidewalk, scraet, bicycle path, alley, highway o! other public thorou~ltiaro.
Railroad ~ inte~se~lon of any highway or private road or driveway at grade
with il-acka upon which train~ operate.
Railroad , device except a Beetcar, with or without engine or motor and
whether or similar devices, operated upon rails for the transporling of persons
· or property.
~ nle~r~ a pproaching driver by reflected light from the
headlamps on the l
~,t:!ddenco dhtrict moans the , configuotls to mid indudinl~ a hist~way not
a bl~iness dialriot where the propartyhighway for a dls~ce of three hundred (~10) feet or
mor~ is in the main improved with or residences and bulidin~s in u~ for busings.
Rt§bt-of-w~ means the privilege ofimmediate use of the loadway.
Ro~d machinery means a piece machinery or equipment not covered by ~ion
341~6(1)(d), Wt~con~ S~tutos, such asdrag lines and earth
moving equipment or a piece of road or maintenance machinery, such as asphalt
spreaders, bituminous mixers, bucket loaders leveling graders, fin[algaE machines, motor
§rodera, paving miscl~, road rollers, screening plant~ scrapor~ iractoro, earth
movers, front or roar end loaders, conveyo~, roads or coasWaction shacks. The fo~goLuE
enumeration is intended to b~ illustrative andother similar vehicles which are withill
the general terms of this .sub~on and used prlmarlly for U-ansponattou of
persons or property a~d only incidentally operated or moved~ a lgSi~say.
Road ~actor means a motor vehtcte deal§ned and usedoth~r vehicles and not so
constructed as to cany any lead thereon either indepeadentitthe weight of the vehlclo
or lead so drayre.
Roadway moans that portion of a hitlhwsy between the regularly esl~blished curb lines or that
portion will& is improved, designed or ordinarily uscd for vehicular travel, excludtllg file ~rm or
shoulder. in a dividad highway the term ~roadway~ refers to eao'l roadway separately but not to all
such roadways collectively.
fl~et}' zon~ m.e. ans the area or space ofllciail .~lf.. t .apart within a ..roadway for the exca'nsive eso
of pextestrtans~ inc[udin§ those ..about to board or ali~in§ from public conveyances and w.h?h is
prot~'.cted or is so II~ked or iad~cat~d by adequate signs 1~o be plainly visible at all times whil~ s~t
Slyart as a sa~ zon~. . '~.
~1.ool bus means a motor veh,cl¢ whteh is owned or i~rated by ~ public or §ovc.r .am...¢n~
agency, or privately owned and operated for compensalion, and use~or the transportation. of.children
to or from school or for the traasporgn§ of school ~roups ¢ngutlcd il~ extracurricular activities to or
from a school or district.
Roy, 10115]94
12- 10
P. 2
~ t~ on a put~ stme~ o~ a~, nor st'tail any pe~n ~ psmons ta~ pan tn tossing ~- fi~,owtng a
unl~f~ for any pe. mon to ~ or ~s a.s~oa~d, ro~r ska~ ~ile~ sids, In-line s~es or
1. On any city ~e~
?~ Onanystdewa$inabusi~esS~fict. F~l~P~sssof ~hissectlo~,abuslness
3. lnanyl~oti~l~klngramPOrPa1~glot . ~
4. On Ixtvate pmtx~ty, unless pam~ssion has I~=,en rscetvsd from the ~w~=, ~
r person In ~srge el tha~ I:>~1Y.
1~ anComere ~ y~ld ~e rig~ ~ ~ to o~r ~ ~g ~ ~ ~ ~ n~ ~
I~OV--
?-95 TUE 11:24 CITY PER$ONHEL x COL. MO. 1314449228,4
for any such drivor to violate any of the provisions of this chapter, excep~ as othe~
l~rmitted in this chapter. -
(Code 1984, § 12.090)
State law t'eference--Simi]ar provisions, RSMo. § 300.098.
t~ee.. 14-4. Persons prapslling pushcarte or riding ~ntmfds to obey
Evo~ per~n propslling any pnsh~ or ~dlng ~ animal ~on a road~
~n ~ng any ~m~a~ vehicle, ~h~l be subj~ ~ ~e pro~io~
appli~ble ~ the ~iv~ of ~y vehiole, ex~pt ~o~ pro~o~ ~ ~s ~ap~
ve~ nat~e, ~ have no appli~tion.
(CMe 1964, i 12.080)
~ law refomn~imil~ pro~o~, ~Mo. ~ ~0.085.
~e. 1~. U~ of eo~, ~Her s~s and ~fla~ de~.
No ~n upon roller ~a~s, or ~ding ~ or b~ me~ of ~y ~r, ·
8irailar devil, sMll go u~a ~y ~dw~ ex~pt w~le cro~ing a s~t on a
when as cro~ing, ~ch pe~n sh~l ~ pan~ ~1 of the ~gh~ ~d be subje
duti~ appli~le ~ ~ans. ~ ~tion sh~l not apply u~n any
as a pl~ s~t ~ anteed by o~inan~ of the city.
(CMe 19~, t 12.0~)
~ ~ ~w refomn~il~ pm~sio~, ~o. i ~.090.
~. 1~. Pas~nge~ ~ ~w~i~ ~do ve~cles.
No pe~n ~all allow ~y p~ of his ~ ~ pro,de ~yond ~e H~ o~tho v~le
whi~ he ~ ~ding, except ~ ~ve suc~ si~a~ ~ ~ requ~d by law, and
h~g on~ any vehicle whatever or ride u~n the suede of ~y ve~cle.
(CMe 1~, ! 12.400)
. I~7, ~ ~ ve~cles.
No p~n ~g u~n ~ bt~cle, ~, ~11or s~, sl~ or ~y vehi~ o
the ~e or hi~ any vehicle upon a ~adway.
(CMe 19~, ~ 12.380)
~a~ ~w ~fe~n~l~l~ p~v~o~, ~o. ! 300.350.
~e. 1~. ~g, J~p~g on or ~g ve~clos ~out ~osion.
NO per~n .ban en~r, j~p on or fide M or on ~y veMcle ~out ~e ~nt o~ the
o~er or ~var.
(C~e 1~, { 1~.408) I
No ~n sha~ ~o~gly ~8e in a moor v~cle wMeh h~ ~n ~l~n or is ~g
o~ra~d wigout ~e ~nt ~ ~e owner the~. ~e p~eto~ of ~ ~o~ app~
~y ~n employ~ by ~e o~er of ~ch mo~ ve~cle ~ a e~e~ ~
regularohs.
this chapter
~hich, by ;heir
oy vohlcle, or
:rol~walk and
:tte all o; the
thile set aside
TU£ i 1 ;2;5
CITY PERSONNEL
COL. HO. 23 i 44492284 Po81
§ 16.178
16-178. Uulawful a~sembly.
COLUMBIA C(
(b)
(Code 1964, §
~;tate law:
brand fax ~ansmilla{ memo 76T{ I e ~ ·
A person commits the crime of unlawful assembly ff he knowingly a~emble8 with eui
persons and agrees with such person8 to violate any of the criminal lav~ of
~f the United States with force or violence.
~ a~embly is a claes B misdemeanor.
~¢. 16.179.
(a) A person commits
other
state or of the United Statse
dces violate any of such laws wifi
(b} Rioting is a el&ss
(Code 1964, § 7.860)
~iate law refereuee--Similar
provisions, RSMo. § 574.040.
if he know/ngly ~ssemBlee with six (6) or more
persons to violate any tithe crtmL~d laws a'this city, thts
violence, and thereaRer, while still so a~embled,
or violence.
See. 16-180. Refusal to disperse.
(a) A person c~mmtt~ the crime of refusal
unlawful a~ombly, or at the scene era riot, he
command of a law enforcement officer to depart from1
riot.
(b) Refusal to disperse is a class C misdemeanor.
(Code 1964, § ?.865)
Pdato law reference--Similar provisions, RSMo. § 574.060.
if, being present at t~e scene of an
, fail~ or refuse~ to obey the lawful
unlawfql a~embly or
Sec. 16.181. Keeping disorderly premises.
A person commit~ the crime of keeping a disorderly prom!~as if he
encourage any peace disturbance, as defined in seetious 16-176 and
continue on promi~s owned or controlled by him_ Keeping di~rdorly
misdemeanor.
(Code 1964, § 7.870)
peanit, allow or
to occur or
~ is a ela~s A
aSea. 16.189. Impeding the use of streets, stdewalk~ or alleys. :
It shall .~. unlawful for any ,.person to impede, obstruct or interleto with the f~ee use of
ny strut, sxdewalk, alley or public way by another:
(1) By coasting, roller skating, ice skating, skateboarding, flying kitea, phkvtng baaeball,
foothall, soccer or any other game or ~port ou or in any ~treet, aidewalk, alley or
public way;, or
(2) By sitflag, staudiug, lyiug, or auy other couduct wtt~ the lntsut to imi ede, obstruct
~v.
or intofrom with such free use of any s~ sidewalk, alley or public
ode 1964, § 7,1100)
1298
Alley lying be,ween MassachuseUs Street and New Hampahire ~meL
extending from 7th Street to 11th SUeat, far northbound
lying between IVla~m~use~e b'~eet a~l Vermont Street, extending
SUeat, fat sout~beu~ tra~;
(c)
10tt
(D)
AJle,,
the
Kansas Power and LiGht d~e no~ to 9th Street,
Alley between
E~eet to North
hem N~rth
as a on~way a~ey for eastla3u~l traffic.
(ore. 5624)
PENALTY.
misdemeanor and ~
~ deemed guilty of a
shall be punished as folkwvs:
In ~e d,,y jm'l for not
both such
I nor mote I~an $100, or by Imprlsonment
= nor more ~an thirty (a0) days, or by
Provided, that ~e munJd~J
vieta~on of any pm~on ot this
more then six duly
Pol~ Deponent, in a~d~on to the
in ha or her allscion, for the
v'talator to .Lt~nd not
~ school eetohtish(~ by the
ot~et ~.
(Code 1{)79, 17-804)
ARTICLE 7. BICYCLE~ AND GKATEBOARD~
17-701
DUTY TO REPORT BIOYCL~ ACCIDENTe.
It shall be the duty of every 10amen riding a bityore to make a,
D~ent when such bicycle is bwo~ved in any
I~rSan or damage to any IXOperty in exceas of the
re~rt within twenty.four (24,) hours a/tel such accident. (O,'CL 5172,
make suc~
17-702
17-702,1
RID~IG ON 610EWRI.KB.
It shaft be unlawful fo~ any peraon I0 ride a bim~cie upon any
bueine~-'~ ~ w~ln the G~ or upon ~
fi~m any atom or business place or place of a,~sembly or where
po bited by posted (Ord. 5t79.
~,ATE!IOARDINO PROHI~ITEO.
~t shal be unlawful for any pasta1 to use a coa~r, reliefskaY, ~ o~ o(het
similar devtce on sidewaJks: I) in the area of Massa, chuse~ Strut f'mm u"th 8ue~
O0nB OF 314E crw oF LAWRENce, ~
0P:gT S;E~T-eJe-~
E'~'d
17..703
1~704
17-705
17-706
17-707
1 ?-708
17-709
1~710
~a]l be unlawful for any person riding a b~y~e to ~ sut~ hic,~le upon
~, aJi6ya, or sh~ma~e in such a ma~ef as to obstruct or endanger I~;lestrlar~
(On~. 5172; 17-703)
A~ltna.~on for
provlaed bl
v, dthin ten (10)
bd~ing ~e
UCI~!b'E FEE.
A license
~ ~a 8 bicycle on mTy stm~, ~ey or sidewalk
~ un~;~ such I~ ho~ been [toenm~
s Art~le, is u~;tar. hed ~e.=Lu. (Ont. 5172, 17-704)
LICE!~
and ~ense I~am sha~l be rrmde upon ~ form
Suc~
~ on or before the ex~rafion date of the current Ik:ense or
bJ~r.,le or within mn (10) days after
(CorJe 1979, 17.1702)
shaJl be paid tO the City for e~'q license or
[X~ATION OF UCEN~E.
L~censes is.sued ur
5172, 17.707)
196UANCE OF UCENgE.
The Police D~o;utment may Inspect each
rnm:le. No license shall i~ ._~__,ed i~ the
cand~on and not equipped with a b~e which'
braked wheel skid on ~0'y, laval, c~ean
therefor. (Ord. 5172, 17-708)
is not in safe open~e
efTahie ~e O~r~r ~ ~e ~e
~ or ~h~e d~ ~u~
LICENSE TO BE ATTArlED TO BICYCLE.
Every r~ense
~ ~ ~u~
not be remov~ ~ar~m
~y ~e ~und
im~ndme~ndlngp~of~m~. (0~.51~ 17-7~)
TRAN~q~R OF OWNERI~i~.
Ulmn the sale 0~ Other transfer of a licensed I~cycJe, the
a few C~y ~o fleece and m
any unexpired Ilcsnse. (0f(;L§172, 17-710)
OODE OF THE C11~ OF LAWRENC~
I 1:2~ CITY
PERSONNEL ~ COLoMO, 13144492284
§17-95 COLUM~IACODE
See, 1'/.98. {]ames,
It shal]~ b.e unlawful for any p~rson in e park to ts~e part in or abet the playing o~ any
games involwng thrown or otherwise propelled objects such as balls, stones, arrows, javelins
or model airplanes, except in areas set apart for such forms ofre~reatiom The playing of 2 ough
or comparatively dangerous games such as football, baseball and quoits is prohibited exc~ pt in
the fields and courts or areas provided therefor. Roller skating shall be confined to those ~ weas
~ecifically dse~iraated for such pastimet __
(~ede 19~, §
]ec. 17-97, Horseback riding.
It shall be unlavfful for any persen in a park to ride a horse, except on designated b ddle
Where permitted, horses shah be thoroughly broken and urocerlv reelrain
due care, and shall not be allowed to graze or go unat~n~,~or shall ~ and
be
any rock, tree or shrub.
2.960)
Sec. 17,98.
It shall M t
description,
potentially inimical
from beyond
(Code 1964, § 2.060(4))
use of weapons dangerous to wildlife.
for any person in a park to use, carry or possess firearms of
spring-guns, bow and arrows, slings or any other forms of we,
safety, or any instrument that c
kind of trapping device. Shooting into park
s forbidden.
any
~be
8ecs. 17.99--1%105. Reserved.
~7 6. BEI-LAV]OR
~c. 17-106. Interference ~vith
It shall be unlawful for any person in
person or party occupying any ares, or
perraiL
(Code 1984, § 2.970(~0))
unreasonably with any
any activity, under the authority of a
See. 17.107. Exhibition of permit.
It shall be unlawful for any person in a park to fail to
from the director he claimz to have upon request of an,y authorized
inspect the same for the purpose of enforcing compliance
(Code 1984, § 2.970(9))
and exhibit any permit
who shall desire to
rule.
Sec. 17.108. Loiterlug, disorderly conduct.
It shall be unlawful for any person in a park to sleep or:
or benches, or other areas; or ta engage in loud, boisterous, threatening, abusive,
e asate,
i or
1378
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 24, 1995
The Honorable Mayor Susan M. Horowitz and Members of the City Council
Linda Newman Woito, City Attorney . ~~-"
Update on "toy vehicles" and bicycles
Existing Law
1. Streets - All streets, including residential and commercial
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,
bui 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, 1995 to discuss our review and
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 PlazaJParks
Jim Brachtel, Traffic Engineer
Anne Burnside, First Assistant City Attorney
ac~0-24Jnw
. . . ~.0U-20-1995
13:2~
P. 02
The Univa:sity of
8kateboa:ds, Iu-Line Skates end Rolls,skate Rules
Skateboards, ~n-L~oe Skates ~d Rollerskates
Gens:el ~imita
No person shall rollerskate, in-lime skate or side a skateboard in
an2 Umtvexs£t2 buildio~s, ~cludiz~ pa~k~B zamp~, no: ~hall ~y
pefiom ~ollezska~e, in-l~e skate or r~e a aka~e~ard elsewhere ca
Univerai~ pxope~y ~ areas where ei~a prohibic~ am~ activities
a~e post~,
Careless Rid_~ Prohibi~sd
No person shall /~-lins skate, rollerskate or skateboard in a maynet
which p~ese~ts an ~reaaouahle risk o~ harm to uhemee!ves or o:he~s.
No~ shall any pera~ ~*l~e skate, =oilerskate o~ skateboard by
w~v~g ~ ~d out through traffic or ped~ri~, o~ by 9~un~sng,
or at Such speed that He/she shall not be able to br~E themselves
~o a stop wi~ the assut~ clea~ ~iet~ca ah~d o~ otherwise
~ithc~ ~eBa~d ~or his?her safety cr the se~et~ c~ others.
No person shall in-line skate, rollarsks=e or skateboard in a manner
which presev~s a ~iak of dame~s to University property. Persons
in-line ska~in~, rollersks~In~ or skateboarding on the Ussversify
c~mpus shall no= ~ge in acrobatics, or leave the sidewalk oz
o~he: paved surface =c Jump up upon benches, p~teetals o~ stairs or
other pe~m~ent ox ~emporary s~zuccuzes or objects.
Padaatrian~ave ~iaht-of-Wav
Persons l~-li~e skati~, rollereka:i~ or eka~sboardin~ on
U~ivsrsicy sidewalks shall yield the rlSht-of-way to pedestrians
using the sidewalk ~d use due and proper ca:o at all times for the
eafe~y of p~estri~a.
No person shall rolla:skate, la-li~e akate or =!de a akateboard upo~
any roadway on the University campus ~capt when croasln~ a street
on S croaswalk. When so croaaing, s~ch periods shall be gramted all
the ri~h~s and be subject to all the duties applicable to
pedestrians.
Clin~i~A To Motoz Vehi91es Prohibi~_.ed
No pezson travelix~g upon Is-line skates, rollerskates or a
skateboard shall cling to or attach themselves to any other moving
vehicle upon ~n¥ roadway o~ bikeway.
TOTgi. P. 02