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Home My WebLink About2005-05-06 Ordinance Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 05-4159 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 4, ENTITLED "TEMPORARY USE OF SIDEWALK PERMITS" TO ALLOW FOR THE COMMERCIAL USE OF SIDEWALKS DURING THE HOURS OF THE FRIDAY NIGHT CONCERT SERIES. WHEREAS, regulating the public right-of-way ensures the safe movement of pedestrians; and WHEREAS, it is desirable that there be uniformity in the permitting process and specific criteria to guide and limit the discretion of City employees charged with granting or denying permits for uses of the public right of way; and WHEREAS, the City is a sponsor of the Friday Night Concert Series, a program organized by the Downtown Association that provides live music in the City Plaza during the summer on Friday evenings between 6:00 PM and 9:00 PM; and WHEREAS, it is in the City's interest to permit businesses to use the City's sidewalks during the Friday Night Concert Series. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 4, entitled "Temporary Use of Sidewalk Permits," is hereby amended by deleting Section 4 in its entirety and by substituting in its place the following new Section 4: The City Manager or designee is authorized to issue no more than three (3) Temporary Use of Sidewalk Permits per calendar year to businesses or business organizations for any commercial purpose in commercially zoned districts excluding permits for sidewalk cafes, ambulatory vendors, and mobile vending carts. Two (2) Temporary Use of Sidewalk Permits shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to no more than three (3) days for any one permit. One (1) Temporary Use of Sidewalk Permit shall be limited to the temporary use of sidewalks and public right-of-way abutting said businesses and shall be limited to Friday evenings between the hours of 5:00 PM and 9:00 PM, for the period beginning the second Friday of May and ending on the third Friday of September of each year. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pa~'~and ap~proved th.~ ~h~ of Ma.y , 2005, CITY'GLERK Approved by City Attorney's Office sue/ord/S-W FdOrd.doc Ordinance No. 05-4159 Page 2 It was moved by Wi I burn and seconded by Vanderhoef that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn First Consideration 5/3/05 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration ................ Vote for passage: Date published 5/12/05 Moved by Wilburn, seconded by B~iley, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wilburn, Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef. NAYS: None. ABSENT: None. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILTIES," ARTICLE H, ENTITLED "SOLID WASTE," SECTION 8, ENTITLED "STORAGE OF SOLID WASTE" BY AMENDING SUBSECTION E, ENTITLED "LOCATION OF SOLID WASTE CONTAINER," AND BY ADDING A NEW SUBSECTION F, ENTITLED "DOWNTOWN SOLID WASTE CONTAINER CODE" TO ESTABLISH A PERMIT SYSTEM FOR STORAGE OF SOLID WASTE CONTAINERS IN THE DOWNTOWN PUBLIC RIGHTS-OF:WAY. WHEREAS, the City desires to clean up the downtown alleys, which are public rights-of-way; and WHEREAS, private parties currently use the City's rights-of-way to store solid waste containers and other containers; and WHEREAS, many of the solid waste containers presently in the downtown alleys are not clean and sanitary and pose health and safety hazards; and WHEREAS, if the solid waste containers are not kept clean and sanitary, the City bears increasing costs to clean the alleys; and WHEREAS, it is in the best interest of the City to establish a separate permit system for the placement of solid waste containers in the City's rights-of-way in the downtown alleys; and WHEREAS, it is in the best interest of the City to clean up the downtown alleys, which are public rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste," Section 2, entitled "Definitions" is hereby amended by adding the following: Downtown: The CB10 and CB5 zones as defined in the City's zoning code. Permit: The official document or certificate issued by the City Clerk or designee authorizing a person to place or maintain a solid waste container in the downtown public right-of-way. 2. Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste," Section 8, entitled "Storage of Solid Waste," Subsection E, entitled "Location of Solid Waste Solid Waste Containers" is amended by repealing Paragraph 2 in its entirety and a new Paragraph 2 as follows: With the exception of the alleys in the downtown as provided in Section 14-3H-SF herein, commercial solid waste containers shall be stored upon private property unless both the owner of the container and the owner or operator of the premises have been granted written permission from the City Council, by way of written agreement, to use public property for such purposes. 3. Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste," Section 8, entitled "Storage of Solid Waste" is hereby amended by adding a new Subsection · . F, entitled "Downtown Solid Waste Container Code" as follows: Permit Required No person shall place or maintain any solid waste container on the public right-of-way in the downtown without first obtaining a permit. Deadline All solid waste containers presently in the downtown public right-of-way shall be removed within sixty (60) days of the effective date of this ordinance, unless a permit has been issued. System A permit system shall be adopted by resolution. Ordinance No. Page 2 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION.: Violation of this Chapter shall be a municipal infraction punishable by a penalty of $250 for a person's first violation, $500 for the second offense, and $750 for the third offense. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2005 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office sue/ord&res/dumpster-ord~2oc Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 5/6/05 Voteforpassage:AYES: Bailey, Champion, E1]iott, Lehman, 0'Donne1], Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published