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Code of Ordinances Amendment - Title 10 Veterans Memorial Park Closing Time Copyrighted August 17, 2020 City of Dubuque Action Items #4. City Council Meeting ITEM TITLE: Ordinance 10-5B-22 Change for Veterans Memorial Park Closing Time Recommendation SUM MARY: City Manager recommending a revision to the City of Dubuque Code of Ordinances Title 10-5B-22 to change the closing time for Veterans Memorial Park from midnight to 10:00 p.m. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-22 Open Season and Hours Generally SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type Veterans Memorial Park Closing Time-MVM Memo City Manager Memo Staff inemo Ordinance Ordinance 10-5B-22 Change for Veterans Memorial Ordinance Park Closing Time Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Ordinance 10-5B-22 Change for Veterans Memorial Park Closing Time Recommendation DATE: August 13, 2020 Leisure Services Manager Marie Ware recommends a revision to Ordinance 10-5B-22 to change the closing time for Veterans Memorial Park from midnight to 10:00 p.m. The Park and Recreation Commission voted unanimously to recommend the proposed change at their August 11, 20202 meeting. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager Dubuque THE CITY OF � All-America Cily DuB E �������� ' � II ��' Maste iece on the Mississi i 2oo�•zoiz-zois �P pp zoi��zoi9 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Ordinance 10-5B-22 Change for Veterans Memorial Park Closing Time Recommendation DATE: August 12, 2020 INTRODUCTION The purpose of this memorandum is to recommend a revision to Ordinance 10-5B-22 resulting in the change in park closing time for Veterans Memorial Park from 12:00 (midnight) to 10 p.m. BACKGROUND There are currently a few park spaces throughout the Leisure Services Department which close later then 10 p.m. per Ordinance 10-5B-22 "Open Season and Hours Generally." These parks are Murphy Park, Eagle Point, McAleece Park and Recreation Complex, Bunker Hill and Veterans Memorial Park. The reasons for these later closing times are due to pavilion rentals and/or adult activities. DISCUSSION Veterans Memorial Park (Vets) was listed in section G along with the McAleece Park and Recreation Complex (McAleece) with a closing time of midnight as both facilities held adult softball leagues. There has been no adult softball scheduled at Vets in over 7 years as the program has been exclusively scheduled at McAleece. In addition, within this last year, a significant investment has been added to the park with the Miracle League of Dubuque project so the parks usage has changed. There has been a tremendous rise in visitors to Vets Park during park hours. Over the last couple of months, there have been several incidents within Vets Park late at night. These have ranged from vandalism to late night youth activity which has prompted resident concern. Under the current ordinance, the public is allowed to utilize the park until midnight. At the August 11t" Park and Recreation Commission meeting, staff presented the following proposed changes (redline attached): 1. Remove Veterans Memorial Park from section G 2. Add the words Leisure Services Manager to the heading of section H a. This would provide flexibility for the Department to schedule programs and/or events that may run later then 10 p.m. 3. Add Veterans Memorial Park to the list of Parks in section H a. This would change the park closing time from 12 a.m. (midnight) to 10 p.m. The Park and Recreation Commission voted unanimously to recommend the proposed changes at their August 11, 2020 meeting. RECOMMENDATION I respectfully recommend Council approval to revise Ordinance 10-5B-22 resulting in the change in park closing time for Veterans Memorial Park from 12 a.m. (midnight) to 10 p.m. Prepared by: Dan Kroger, Recreation Division Manager cc: Maureen Quann, Assistant City Attorney Steve Fehsal, Park Division Manager 2 Prepared by:Maureen A.Quann,Esq.300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO.32 20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY,CHAPTER 5 PARKS AND RECREATION,ARTICLE B USE REGULATIONS,SECTION 10-5B-22 OPEN SEASON AND HOURS GENERALLY NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1.Section 10-5B-22 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-22:OPEN SEASON AND HOURS GENERALLY: No person shall enter or remain in any park,parkway,trail,open space,or park and recreation facility other than during the season and hours designated in this section. A. For the purposes of this section,the regular park season shall mean from the first Saturday in May through the fourth Sunday of October.The pet park shall be open year round. B. Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (7:00)A.M.to ten o'clock (10:00)P.M.Sunday through Thursday,and from seven o'clock (7:00)A.M.to eleven o'clock (11:00)P.M.Friday and Saturday during the regular park season. C. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00)A.M.to sunset daily during the regular park season. D. Gerald "Red"McAleece Park and Recreation Complex shall be open for use by the public from seven o'clock (7:00)A .M.to twelve o'clock (12:00)midnight daily. E. Bunker Hill Golf Course shall be open for use by the public from seven o'clock (7:00)A.M.to eleven o'clock (11:00)P.M.daily,March through November. F. Flora Park Swimming Pool and Nicholas J.Sutton Swimming Pool shall be open for use by the public from six o'clock (6:00)A.M.to ten o'clock (10:00)P.M.daily,June through August. G. The following parks,parkways,trails,open spaces,and park and recreation facilities will be open for use by the public from seven o'clock (7:00)A .M.to ten o'clock (10:00)P.M.daily,unless alternate/extended times/hours have been approved by the Leisure Services Manager,through a special events permit or conditions of a City rental reservation: H. A .Y.McDonald Park Allison-Henderson Park Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space Cleveland Park Comiskey Park Eagle Valley Park Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Grant Park Harvest View Park Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park John G.Bergfeld Recreation Area Madison Park Mama Ridge Children’s Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Port of Dubuque Marina Pyatigorsk Park Riley Park Rocco Buda Jr.Park Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park Valley High Park Veterans Memorial Park Waller-Cooper Park Washington Park Welu Park Westbrook Park i ! I I.Miller-Riverview Park shall be open for use by the public from seven o 'clock (7:00) A.M.until ten o'clock (10:00)P.M.daily,and only registered campers shall be permitted in the area at all other hours. The City Manager or authorized representative shall have the authority to close any or all parks,parkways ,trails,open spaces,park and recreation facilities,park roadways and park parking lots before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. J. The following parks shall be open for use by the public twenty four (24)hours perK. day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail Camping is authorised in Miller-Riverview Park in accordance with City policies and procedures.Camping is prohibited in all other parks,parkways,trails,and open spaces unless approved ,in writing by the City Manager or through a special events permit issued under chapter 4 of this title. L_. Section 2.This Ordinance takes effect on publication. Passed ,approved,and adopted the 17th day of August 2020. Roy D.Buc^ff Mayor Attest: Kevin S.Firnstahi.City Clerk EFFECT OF AMENDMENT 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. No person shall enter or remain in any park, parkway, trail, open space, or park and recreation facility other than during the season and hours designated in this section. B. For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year round. C. Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday, and from seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. Friday and Saturday during the regular park season. D. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00) A.M. to sunset daily during the regular park season. E. Gerald "Red" McAleece Park and Recreation Complex shall be open for use by the public from seven o'clock (7:00) A.M. to twelve o'clock (12:00) midnight daily. F. Bunker Hill Golf Course shall be open for use by the public from seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. daily, March through November. G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open for use by the public from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. daily, June through August. H. The following parks, parkways, trails, open spaces, and park and recreation facilities will be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, unless alternate/extended times/hours have been approved by the Leisure Services Manager, through a special events permit or conditions of a City rental reservation: A.Y. McDonald Park Allison-Henderson Park Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space Cleveland Park Comiskey Park Eagle Valley Park Deleted: and Veterans Memorial Park Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Grant Park Harvest View Park Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park John G. Bergfeld Recreation Area Madison Park Marna Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Port of Dubuque Marina Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park Valley High Park Veterans Memorial Park Waller-Cooper Park Washington Park Welu Park Westbrook Park I. Miller-Riverview Park shall be open for use by the public from seven o'clock (7:00) A.M. until ten o'clock (10:00) P.M. daily, and only registered campers shall be permitted in the area at all other hours. J. The City Manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. K. The following parks shall be open for use by the public twenty four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail L. Camping is authorized in Miller-Riverview Park in accordance with City policies and procedures. Camping is prohibited in all other parks, parkways, trails, and open spaces unless approved, in writing by the City Manager or through a special events permit issued under chapter 4 of this title. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 08/21/2020 and for which the charge is 54.29 Subscribed to be ire me, a Notary Pub11L✓in and for Dubuque County, Iowa, this 21st day of August, 2020 • Notary 61I.lic in and for DubuquJ County, Iowa. JANET K. PAPE Commission Number 19'9859 My Comm.. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 32-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS, SECTION 10-5B-22 OPEN SEASON AND HOURS GENERALLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-22 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. "No person shall enter or remain in any park, parkway, trail, open space, or park and recreation facility other than during the season and hours designated in this section. B. "For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year round. C. "Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday, and from seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. Friday and Saturday during the regular park season. D. "Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00) A.M. to sunset daily during the regular park season. E. "Gerald "Red" McAleece Park and Recreation Complex shall be open for use by the public from seven o'clock (7:00) A.M. to twelve o'clock (12:00) midnight daily. F. "Bunker Hill Golf Course shall be open for use by the public from seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. daily, March through November. G."Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open for use by the public from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. daily, June through August. H. "The following parks, parkways, trails, open spaces, and park and recreation facilities will be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, unless alternate/extended times/hours have been approved by the Leisure Services Manager, through a special events permit or conditions of a City rental reservation: A.Y. McDonald Park Allison -Henderson Park Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space Cleveland Park Comiskey Park Eagle Valley Park Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Grant Park Harvest View Park Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park John G. Bergfeld Recreation Area Madison Park Marna Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Port of Dubuque Marina Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park Valley High Park Veterans Memorial Park Waller -Cooper Park Washington Park Welu Park Westbrook Park I. "Miller -Riverview Park shall be open for use by the public from seven o'clock (7:00) A.M. until ten o'clock (10:00) P.M. daily, and only registered campers shall be permitted in the area at all other hours. J. "The City Manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. K. "The following parks shall be open for use by the public twenty four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail L. "Camping is authorized in Miller -Riverview Park in accordance with City policies and procedures. Camping is prohibited in all other parks, parkways, trails, and open spaces unless approved, in writing by the City Manager or through a special events permit issued under chapter 4 of this title. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 17th day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of August 2020. /s/Kevin S. Firnstahl, City Clerk It 8/21