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Home My WebLink About1998-11-17 OrdinancePrepd by: Sarah E~lecek, First Asst. City Attorney, 410 E. Washington St., Iowa ORDINANCE NO. ORDINANCE AMENDING THE CITY CODE THE CITY OF IOWA CITY, IOWA, MENDING SECTION 8-5-5, ENTITLED "K G DISORDERLY HOUSE," TO PROVIDE OR P LICE INITIATED COMPLAINTS A TO PR VIDE FOR POLICE AUTHORITY O RE- STO E ORDER AND DISPERSE RSONS FRO VIOLATING PREMISES behavior an negative exter ~lit es associated with uncontro ed social ga 'in<Is and parties; and ' of the Iowa City City, / City Council to hosting social gat able and responsib externalities ass< and parties; an~ sponsoring and/or ngs and parties account- or behaviors and negative with such gatherings !ning regulations to provide for .=d complaints and police to order will address negative such gather- ings an ~arties; and W~ stren<, regulations on ! social gatherings d parties is in interests of the safety and :are of the citizens of Iowa r, Iowa for ," reasons stated above. NOW, THEREFORE, BE IT NED BY THE CITY COUNCIL OF THE CITY IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 8, Cha ;r 5, entitled "Miscellaneous Offenses" of ;ity Code be hereby amended by deleting i, entitled "Keeping Disorderly House" and addir a new Title 8, Chapter 8, Section 5, "Keeping Disorderly House", as follows: Section 8-5-5: Keeping Disorderly House A. Keeping Disorderly House. No person shall permit or suffer to continue, without taking 240; 319-356-5030 legal steps to prevent the same, any quarrel- ing, fighting, disorderly' conduct, or any ~her 'cobduct or: CO~lition that threatens i~jury to persons dl: damage to property, o~ loud, raucous, disagreeable noises to the disturbance of the neighborhood, or ~;~~i::ii~!::!~ general public, upc;:~:':'~'~:~ ~:;~:~:~::g:~::::'::S::~"~:~'a::::'::by the person or in the person's possession. For the purposes .Of this section, "t0' the disturbance of the general public" i~'aludes the djsturbance of persons beyond the subject' premises and/or to the ~iS~urbance e'f per'sObs Gpon public Places~"including peace officers. ' Jthority to' ReStore Order and Disperse; lure to:Disperse. Upo. B.issuance of a iog:tOr a violation.of this section, an' Officer of the..Ci~y of Iowa City have uthodty to' restore order upon sub ~remiSe'S; up to and includiag ing the spersal of person(s) from sub- je¢.. ~es, Any. person whc .9r refuses to ~ey. ~Qd abide by su~ oraer shall be SECTION II. parts of ordinanc, sions of this SECTION III. provision or part adjudged to be invalid adjudication shall not a' Ordinance as a whole c or part thereof not adjt tutional. SECTION IV. EF, nance shall be in approval and pu Passed and a violation of section. 'EALER. All or nances and in conflict the provi- nce are he repealed. If any section, rdinance shall be ;onstitutional, such ;t the validity of the ~y section, provision invalid or unconsti- This Ordi- after s final passage, as vided by law. ~roved this day of , 1998. MAYOR ATq CITY CLERK 3roved by ./ City Attorney's Office sarah/police/partred.ord Date sent: To: From: Subject: Dear Council,. Tue, 3 Nov 1998 23:11:18 -0600 council@blue.weeg. uiowa. edu Ben Lewis <bdlewis@blue.weeg. uiowa.edu> Party Ordinance >2 ' In watching the City Council meeting on Tuesday, 11/3, I want to make my views known as a resident of Iowa City and a student. I am a student leader on campus, I know students, and I have been involved in situations that you have been discussing in your last two meetings. I support Karen Kubby's amendment to remove the power of "complainant" from the Iowa City Police Department, from this legislation, for several reasons. 1. I encourage you to hold a public forum on the issue, with outreach to students, and try to work on a more positive way to solve this problem. Legislation like this singles out students and labels them as vandals. This is wrong, and as a student activist, I will inform the student body about how degrading this legislation is. Why is it degrading? Read section 2. 2. Allowing the police to be the complainant disables a very important dialouge between student and non-student residents in Iowa City. True, this dialouge in few cases has manifested itself the form of vandalism or retaliation. However, the City Council fails to acknowledge the majority of students who are responsible when holding parties. This blanket legislation, targeted at students, removes rights from a majority of us who haven't acted irresponsibly. Those, such as myself, who have lived in a house bottles need to be dealt with on an individual basis by the police - with full police discresion. Example: When I lived in a house, for two years, we would hold parties and communicate (as most people, student or non-student would) about any problems that surfaced. We would frequently check with the neighbors to see if we were disturbing them, and they would call or stop by if they wanted to talk to us as well. We also distributed our phone Wed, 4 Nov 1998 07:54:05 number to local residences, and always cooperated with police immediately if they were to ask us to "take it inside". The majority of parties held by students are conducted If you pass this legislation, it crushes a major part of the student - neighborhood relationship, and you are blanket-labelling students who hold parties as irresponsible. It seems that this legislation is based on a small number of incidents that apparently were not appropriately handled by the police. If there are certain individuals causing problems, deal with them on an individual basis, but don't pass legislation that disables the right of those of us who act responsibly to do so in a neighborhood set Could the Council consider legislation that would allow complainants to be anonymous in court, so that they are more protected? Why can't the Council, in conjunction with neighborhood associations, try to work something out? There must be other ways to solve this problem. Ben Lewis 507 N. Linn #5 Iowa City, IA 52245 Ben Lewis 319.341.0588 benjamin-lewis@uiowa.edu http://www. l h. net/bdlewis -- 2 -- Wed, 4 Nov 1998 07:54:05 Phll Phllllps ?i4 Iowa Ave. Iowa City, Iowa November 8, 1998 Cit Council: Y About the proposed ordinance dealing with loud parties: I have lived in Iowa City since 1952, and moved to my present address, 714 Iowa Avenue, in 1974. Loud parties are a big problem here, and, until comparatively recently, here is the way the problem had always been handled: I would call the P.D. along about lO:O0 PM. The police would come, and the party would quiet down for awhile. Then, activity would resume, an~ sooner or later --usually sooner --would be back up to full volume. I would call a~ain, and the process woul~ repeat. An~ repeat. From time to time in between calls the party would abruptly quiet down temporarily, probably due to the police respondin~ to calls from other complainants. This ~:ould ~o on until about 4:00 AM, when the party would break up of its own accord. All ~uring the meantime, the party-goers would be wandering through the nei~hboring yards, urinating and scattering their trash. That is the way it was for all those years. Comparatively recently, I have seen a huge chan~e The ~av it works now can be described very simply: The police come, the party promptly breaks up, and peace descends for the rest of the night. On the one hand, one might say that this is a wonderful chan~e. On the other han~, one might say that this is merely the way it always should have been. As I understand it, the police have not been ~iven any new po'~ers, but have re-arranged their priorities. As I umderstand It, the proposed new ordinance is intended to formallze what the police are already now doing. ~Jr!ting a letter like this, it is difficult to avoid breakln~ out into a lot of related but separate subjects. I :~lll note Jus~ two thin~s: The police have always had power over the problem of .automobile parking on sidewalks and crosswalks, but they ticket violators only on a complaint basis. Accordln~ly, sidewalk parkln~ is the style in Iowa City. Th~s has been the case through many chan,~es in police chiefs, mana:~ers, mayors and councils. Analogously, perhaps the police have a!wsys had the power to deal :~ith loud parties. Perhaps not. I don't presume to know. Ho'~ever, I suggest that if the police do, indeed, need more po~er to keep the peace, them they shoul~ h~ve It. If they already have the proper authority, then they should be ~irected to use it. As to the second related matter, to discuss it adequately would make this letter too lon~. The bottom line is that single-family houses tend to be the worst offenders in the matter of loud parties. Unfortunately, the City fails to reco;~nize this fact of life, and the housin~ ~nd zoning ordinances are structured to favor sin~le- family houses. This thlnkin~ should be re-examined ~ith a view to reducing the number of potential loud p~rty sites. Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 98-3857 AN ORDINANCE AMENDING THE CITY CODE TO PROHIBIT THE POSSESSION OF TOBACCO PRODUCTS OR CIGARETTES BY PERSONS UNDER EIGHTEEN YEARS OF AGE WHEREAS, the use of tobacco products and cigarettes has been shown to have adverse health consequences; and WHEREAS, under state law, persons under eighteen years of age are prohibited from using or possessing tobacco products or cigarettes; and WHEREAS, it is the intent of the Iowa City City Council to discourage the use or possession of tobacco products or cigarettes by persons under eighteen years of age; and WHEREAS, fines incurred for violations of the prohibitions on underage possession of tobacco products and cigarettes would inure to the benefit of the City to help pay for enforcement efforts if the City were to enact such an Ordinance and would enable the City to maintain control of the disposition of charges relating to such violations; and WHEREAS, placing prohibitions on the use or possession of tobacco products or cigarettes by persons under eighteen years of age is in the best interests of the health, safety and welfare of the citizens of Iowa City, Iowa for the reasons stated above. · NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 8, Chapter 6, entitled "Persons Under Eighteen Years of Age" of the City Code be hereby amended by: A. Repealing the title of Section 1, entitled "Sale of Cigarettes to Persons Under Eighteen Years of Age" and adding a new title to Section 1, to read as follows: 8-6-1: Sale to and/or Possession of Tobacco Products and Cigarettes: Underage Persons: B. Repealing the title of Section I(B), entitled "Employee Education" and adding a new title to Section 1 (B), to read as follows: B. Employee Education - Cigarette Sales. Ordinance No. 98-3857 Page 2 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SFCTION III. SEVFRABILITY. 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 adjudicated invalid or unconstitutional. SECTION IV. FFFFCTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17th day of November ,19~4~~~ YOR Approved by ity Attorney's Of~c~e/~ andy~ord~cigarel 8.doc Ordinance No. 98-3857 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon rollcalltherewere: AYES: NAYS: ' ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Vanderhoef that the First Consideration Vote for passage: AYES: Lehman, Norton, O'Donne]]. 10/20/98 Thornberry, NAYS: None. Vanderhoef, Champion, ABSENT: None. Kubby, Second Consideration 11/3/98 Vote for passage: AYES: O'Donnel 1, Thornberry, Vanderhoef, Champion, Kubby, Lehmnan, Norton. NAYS: None. ABSENT: None. Date published 11/25/98 City of Iowa City MEMORANDUM 11-17-98 ~ 27 Date: November 10, 1998 To: Steve Arkins From: Chuck Schmadeke Re: Ordinance Amending Wastewater Plant Infiuent Zinc Standards Normally, the third reading of the above referenced ordinance would be considered at the November 17, 1998 council meeting. However, to satisfy the Towa Department of Natural Resources requirement to allow at least 30 days from date of public notice and official publication to final passage of the ordinance, the third and final reading of the ordinance will be considered at the council meeting of December 1, 1998. Prepared by: Chuck Schmadeke, Public Works Dir., 410 E. Washington St., Iowa City, IA 52240 319-356-5141 ORDINANCENO. ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE E ENTITLED "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE", SECTION 4, ENTITLED "PRETREATMENT STANDARDS", OF THE CITY CODE TO AMEND PLANT INFLUENT ZINC STANDARDS. WHEREAS, the City would like to amend spe- cific zinc standards of the Wastewater Treatment Works Indirect Discharge provisions in the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SFCTION I. AMENDMFNT. Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article E entitled "Wastewater Treatment Works Indirect Discharge", .Section 4, entitled "Pretreatment Standards", of the City Code is hereby amended by: Repealing subsections 14-3E-4.B (2) and (3), and adding new subsections 14o3E- 4.B(2) and (3) as follows: 2. No industrial user shall discharge wastewater causing the following limitations to be exceeded at the north POTW treatment plant influent when measured in a 24-hour composite sample: Pollutant Pounds Per Day Aluminum 875.0 Ammonia 1,134.0 Arsenic 0.35 Barium 116.75 Beryllium 0.01 Cadmium 0.18 Calcium 875.70 CBOD 14,111.00 Chromium 9.34 Copper 6.08 Cyanide 3.27 Iron 583.80 Lead 5.84 Magnesium 875.70 Manganese 583.8 Mercury 0.04 Nickel 4.27 pH 6.0 to 9.5 Phenol 26.82 Selenium 5.84 Silver 17.46 Suspended solids 10,975.00 Toluene 26.82 Zinc ! 7.5! 48.7 No industrial user shall discharge wastewater causing the following limitations to be exceeded at the south POTW treatment plant inflUent when measured in a 24-hour composite sample: Pollutant Pounds Per Day Aluminum 412.83 Ammonia 500.00 Arsenic 0.17 Barium 55.04 Beryllium 0 Cadmium 0.08 Calcium 412.83 CBOD 10,008.00 Chromium 4.40 Copper 4.89 Cyanide 1.61 Iron 275.22 Lead 2.75 Magnesium 412.83 Manganese 275.22 Mercury 0.02 Nickel 2.75 pH 6.0 to 9.5 Phenol 13.21 Selenium 2.75 Silver 8.60 Suspended solids 9,174.00 Toluene 13.21 Zinc 8.25 25.8 SFCTION II. RFPEALFR. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SFCTION III. SEVFRABILITY. 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 unconstitu- tional. SFCTION IV. EFFECTIVE DATF. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 3 Passed and approved this ,19 day of MAYOR ATTEST: CITY CLERK Date pwadmin~wwtr.doc Ordinance No. Page It was moved by and seconded by Ordinance asread be adopted, and upon rollcalltherewere: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef that the Fimt Consideration 10/20/98 Voter or passage: AYES: Champion, Thornberry, Vanderhoef. NAYS: None. Kubby, Lehman, ABSNET: None. Norton, O'Donnell, Second Consideration 11/3/98 Votefor passage:AYES: Thornberry, Vanderhoef, Champion, Kubby, Lehman, O'Donnell, Norton. NAYS: None. ABSENT: None. Date published