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HomeMy WebLinkAbout2006-04-17-Ordinance 2574_RAGBRAI Temporary OrdinanceTEMPORARY ORDINANCE NO.2574 AN ORDINANCE ADOPTING TEMPORARY REGULATIONS TO BE EFFECTIVE ON MAY 1,2006 THROUGH AUGUST 1,2006. WHEREAS,the Des Moines Register's Annual Great Bicycle Ride Across Iowa (RAGBRAT®)will visit the City of Waukee on July 25,2006;and WHEREAS,the RAGBRAT®event will bring from 8,000-10,000 bicyclists to the community;and WHEREAS,a special RAGBRAT®committee (the "Committee")has been designated, and has agreed to serve,as the planning,coordinating and implementation agency for RAGBRAT®in Waukee;and WHEREAS,the Des Moines Register and the Committee have requested the City Council to consider and adopt,by ordinance,necessary temporary regulations to be in effect during RAGBRAI®for the protection and promotion ofthe health,safety and welfare of the citizens of the community and the RAGBRAT®visitors;and WHEREAS,the City Council has authority and jurisdiction to adopt reasonable regulations for the protection of the health,safety and welfare under its general "police"powers and "home rule"authority;and WHEREAS,in cooperation with the Committee,the City Staff has recommended adoption of this temporary regulatory ordinance;and WHEREAS,upon consideration,the City Council has determined that this temporary regulatory ordinance should be adopted and enforced. NOW,THEREFORE,BE IT ORDAINED by the Waukee City Council as follows: Section 1.RAGBRAI®Sites.The primary sites for vendors for RAGBRAT®shall be: Centennial Park;Warrior Park;Winfield Park and Ridge Pointe Park and such additional primary sites as may hereafter be designated by resolution ofthe City Council. The Committee,in cooperation with the Waukee Public Works Director,or his designee, is hereby granted the right and authority to plan,supervise,administer and control the use of these sites on July 25,2006 and July 26,2006 until 12:00 noon,including: •Designation and regulation of parking areas. •Identification and regulation of vendor sites. •Imposition and collection of reasonable non-discriminatory user fees to offset planning,coordination,administration,regulation and enforcement activities, costs and expenses.However,it is recognized that there may be additional time, costs and expenses associated with the planning,coordination,administrative, regulatory and enforcement related to non-local peddlers and outdoor I -1 - entertainment providers,and a higher fee,in the discretion of the committee,for non-local participants shall not be considered discriminatory. •Denying access or use of the sites,as may be necessary for the protection of the public health,safety and welfare. •Enlisting and receiving the aid of the Waukee Police Department in exercising the rights and authority granted under this Section. Section 2.Compliance with Applicable Laws and Regulations.All activities shall comply with all City ordinances not suspended by this ordinance and all applicable state laws and regulations including but not limited to the regulations of the Iowa Department of Health, Iowa Department of Revenue,and the Iowa Alcoholic Beverage Division. Section 3.Outdoor Entertainment.No outdoor entertainment shall be held or conducted in the City of Waukee on the dates of July 25,2006 or July 26,2006,without first obtaining a permit from the Committee.The following regulations shall apply to all outdoor entertaining in the City of Waukee on those dates: •The Committee may require payment of a reasonable non-discriminatory fee for a permit to cover administrative expenses associated with the regulation,oversight, coordination,enforcement,regulation and monitoring of the event.However,it is recognized that there may be additional time,costs and expenses associated with the planning,coordination,administrative,regulatory,monitoring and enforcement activities related to non-local outdoor entertainment providers,and a higher fee,in the discretion of the committee,for non-local providers shall not be considered discriminatory. •Decibel levels of outdoor entertainment shall be reasonable under the circumstances,time and location,and shall be subject to the control of the Committee and the Chief of Police of the City of Waukee. •Outdoor sales of alcoholic beverages shall be permitted only in full compliance with the Code ofIowa and the ordinances of the City of Waukee,however,in no event,will special/extended outdoor liquor licenses provide for outdoor sales beyond 7:00 pm on July 25,2006.Any and all special/extended outdoor liquor licenses shall only be granted upon compliance with all requirements of State and Local law and the submission of acceptable premises and event liability insurance,licensee's providing acceptable security and age verification procedures,including but limited to providing for uniformed off duty law enforcement or other acceptable security at the site,and licensee's providing portable toilet facilities to accommodate patrons. •A permit and or special/extended liquor license must be applied for not less than 45 days prior to the date of the entertainment and shall not be transferable. If the Committee determines that any proposed outdoor entertaining event poses an unacceptable risk to public health,safety and welfare,it may deny the issuance of a permit or may issue a permit conditioned upon compliance with restrictions. Section 4.Peddler Limitation and Regulations.The City Council finds that a large number of peddlers may seek to do business in the City on the date of July 25,2006 and July 26, 2006.The Council further finds that the short-term presence of a large number of peddlers combined with a large number of visitors to the community creates a significant potential threat -2 - to the health,safety and welfare of the citizens and visitors in the community.The council further finds that peddlers should not be excluded and that applicable limitations and regulations should strike a balance between the legitimate interests of peddlers and their prospective customers and the general health,safety and welfare of residents and visitors. Therefore,the following regulations are imposed: A)The term "peddler"shall have the meaning set forth in Section 210.1 of the City Code,except that the term shall also include persons offering the sale of food or beverages for immediate consumption and persons offering for sale produce or products that they have produced or manufactured. B)All "peddlers",as defined in Subsection A above,on July 25,2006 and July 26, 2006,shall be permitted to locate and conduct business only in compliance with the rules and regulations established by the Committee and upon payment of the fees and charges imposed by the Committee. C)The fees and charges imposed by the Committee shall be non discriminatory and any such fees collected shall be remitted to the Waukee Foundation,Inc. However,it is recognized that there may be additional time,costs and expenses associated with the planning,coordination,administrative,regulatory and enforcement related to non-local peddlers and outdoor entertainment providers, and a higher fee,in the discretion of the committee,for non-local participants shall not be considered discriminatory. D)The provisions of this ordinance shall not be interpreted to prohibit any merchant, business,religious or charitable organization which is in possession of a current Iowa permit for the sale or consumption of food or beverages in the City of Waukee on July 25,2006,from operating temporary outdoor sales or information activities at their permanent sites on the dates of July 25,2006,but the renting or leasing of space to any merchant,business,religious or charitable organization that has not established a permanent site in the City of Waukee is prohibited. Except as provided above,the provisions of the Waukee Municipal Code regulating signs,canopies,awnings and marquees shall remain in full force and effect during the effective period of this ordinance and are not suspended during the effective date of this ordinance.The Chief of Police or the Waukee Code Compliance officer shall have the right to remove or require the removal of any non-complying signs or of any sign permitted under this section that creates a substantial threat to the public safety. Section 7.Operation of Bicycles.The traffic laws of the City of Waukee and the State ofIowa shall apply and shall be enforced as to the operation of bicycles. Section 8.Effective Period.The provisions of this ordinance shall be effective from May 1,2006 to Augnst 1,2006. Section 9.Violations.A violation of this ordinance shall constitute a simple misdemeanor punishable by a fine of not more than $500.00 and/or incarceration in jail for not -3 - more than 30 days.A peddler that has not applied for or obtained a permit as required by this ordinance shall be deemed an emergency nuisance and,in addition to the penalties provided for violations of this ordinance,shall be removed and any merchandise,property,material or equipment impounded,without notice,in accordance with section 364.12(2)(h)Code ofIowa (2006)in the event said peddler fails to remove themselves and any merchandise,property, material or equipment after being cited for a violation of this ordinance. Section 10.Appeal.Any person aggrieved by a decision of or requirement imposed by the Committee under this ordinance may appeal such decision or requirement to the Waukee City Council under the following procedure: A)All appeals shall be in writing;shall include the name and address ofthe appellant;shall describe the decision or requirement appealed from;and shall state the relief requested. B)Appeals under this Section shall be submitted to the office ofthe Waukee City Clerk at the Waukee City Hall,Waukee City,Iowa,by 12:00 noon on Wednesday,July 5,2000. C)All complete and timely-filed appeals shall be considered by the Waukee City Council at its regular meeting on Monday evening,July 10,2006,which shall be held in the Council Chambers of the City HaIL D)Upon consideration of an appeal,the Council may uphold the decision or requirement of the Committee or may revise or reverse such decision or requirement and may grant all or a portion of the relief sought. Section 11.All ordinances or parts of ordinances in conflict with the provisions of this ordinance shall be suspended during the effective period of this ordinance only. Section 12.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision or part thereof adjudged invalid or unconstitutionaL Section 13.This ordinance shall be in effect following its final passage,approval and publication as provided by law. Passed by the Council on the 17th day of April 2006,and approved this 17th day of April 2006. Attest: Joho -4-