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
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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
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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
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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
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