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Town Clock Plaza Code ChangesMEMORANDUM May 15, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendments to the City of Dubuque Code of Ordinances Deleting References to Town Clock Plaza The City of Dubuque Code of Ordinances contains a number of references to Town Clock Plaza, originally designated and named in Ordinance No. 37-71: With the reopening of Main Street in the near future, the Plaza as such will no longer exist. Corporation Counsel Barry Lindahl is recommending adoption of an ordinance deleting references to Town Clock Plaza in various sections of the Code of Ordinances. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager BARRY A. LIND AHL, CORPORATION COUNSI~, CITY OF DUBUQUE MEMO To: DATE: RE: Michael Van Milligen City Manager May 15, 2002 Amendments to the City of Dubuque Code of Ordinances Deleting References to Town Clock Plaza The City of Dubuque Code of Ordinances contains a number of references to Town Clock Plaza, originally designated and named in Ordinance No. 37-71. With the reopening of Main Street in the near future, the Plaza as such will no longer exist. Enclosed is a proposed ordinance deleting references to Town Clock Plaza in various sections of the Code of Ordinances. The following changes will result from adoption of the ordinance: · Ordinance No. 37-71 designating and naming Town Clock Plaza is repealed; · Section 9-19 which prohibited riding a bicycle in Town Clock Plaza is repealed; · Section 18-2 of the Electrical Code allows the use of trees in Town Clock Plaza and Washington Park for temporary decorative lighting. The reference to Town Clock Plaza is deleted; · Chapter 31, Article 7 prohibits certain uses of Town Clock Plaza without a lease. Article 7 is deleted. Special events in the Main Street area would be subject to the general ordinance covering events in public places; · Section 32-250(A) prohibited roller skating, skateboarding, bicycles and other wheeled recreational vehicles in Town Clock Plaza and in City parking garages or lots. The reference to Town Clock Plaza is deleted; · Section 35-27 exempted Town Clock Plaza from the requirement of certain general business licenses for use of the Plaza. That section is repealed. I would recommend that the ordinance be submitted to the City Council for consideration and passage. Enclosure SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~CITYOFDUBUQUE.ORG Preparer: ~Barry A. Lindahl Address: Suite 330, Harbor View Place, 300 Main Street Dubuque, IA 52001-6944 Telephone: (563) 583-4113 ORDINANCE NO. 39-02 AN ORDINANCE REPEALING ORDINANCE NO. 37-71 DESIGNATING AND NAMING PORTIONS OF CERTAIN RIGHTS-OF-WAY "TOWN CLOCK PLAZA"; AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 9-19 PROHIBITING RIDING A BICYCLE IN TOWN CLOCK PLAZA; BY AMENDING SECTION 18-2 225-26 PROHIBITING THE USE OF LIVE VEGETATION FOR SUPPORT OF OVERHEAD CONDUCTOR SPANS EXCEPT IN TOWN CLOCK PLAZA BY DELETING THE REFERENCE TO TOWN CLOCK PLAZA; BY REPEALING CHAPTER 31 ARTICLE VII TOWN CLOCK PLAZA PROHIBITING CERTAIN USES OF TOWN CLOCK PLAZA WITHOUT A LEASE; BY AMENDING SECTION 32-250(a) PROHIBITING CERTAIN NONMOTORIZED VEHICLES IN TOWN CLOCK PLAZA AND OTHER PLACES BY DELETING THE REFERENCE TO TOWN CLOCK PLAZA; AND BY REPEALING SECTION 35-27 EXEMPTING TOWN CLOCK PLAZA FROM THE REQUIREMENT FOR CERTAIN BUSINESS LICENSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Ordinance No. 37-71 Designating and Naming Portions of Certain Rights-of-Way "Town Clock Plaza" is hereby repealed. Section 2. City of Dubuque Code of Ordinances Sec. 9-19. Riding A Bicycle In Town Clock Plaza, is hereby repealed. Section 3. City of Dubuque Code of Ordinances Sec. 18-2 225-26, prohibiting the use of live vegetation for support of overhead conductor spans except trees in Town Clock Plaza is amended to read as follows: Sec. 225-26. Live vegetation. Live vegetation such as trees shall not be used for support of overhead conductor spans. However, upon application to the city manager and upon such terms and conditions as the city manager shall require, trees in Washington Park may be used for temporary decorative lighting from November 1 until January 15 of the following year. Exception: For temporary wiring in accordance with Article 3 Section 4. City of Dubuque Code of Ordinances Chapter 31, Article VII Town Clock Plaza, prohibiting certain uses of Town Clock Plaza without a lease therefore, is hereby repealed. Section 5. City of Dubuque Code of Ordinances Sec. 32-250(a) Use Of Certain Non-motorized Vehicles, Conveyances And Equipment On Town Clock Plaza, And In Certain Other Places In The City is amended to read as follows: Sec. 32-250. Use of Certain Nonmotorized Vehicles, Conveyances And Equipment in Municipal Parking Garages or Lots (a) No person shall be upon and make use of relier skates, skateboards, bicycles, or other wheeled recreational vehicles, or conveyances within any Municipal parking garage or Municipal parking lot. This provision shall not apply to use of a wheelchair or other similar conveyance when used for transportation by any temporarily or permanently disabled person, or to a wagon being pulled by a pedestrian at a walking speed. Section 6. City of Dubuque Code of Ordinances Sec. 35-27 Town Clock Plaza, providing for general business license requirements but exempting Town Clock Plaza, is hereby repealed. Passed, approved and adopted this 20th day of May, 2002. /s/ Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk :~USERS~ Effect of Amendment · C)cck · (1976 Code § 9 19) Chapter 18 [Electrical Code] Sec. 18-2 225-26. Live vegetation· Live vegetation such as trees shall not be used for support of overhead conductor spans. However, upon application to the city manager and upon such terms and conditions as the city manager shall require, trees ~ tc:':~ c~cc.u. pie=-' end in Washington Park may be used for temporary decorative lighting from November 1 until January 15 of the following year. Exception: For temporary widng in accordance with Article 305. '..'; .................. ',-,, ........ r' ~l-'~.-o' ................. ,,, ................ ,., "'8 v,., ~ ......q,...,+~..4 +~ ...... +~+; .... .4 ..~.~,..,....+~.,-.-..~+~, .... '""'"+ ~f ~_~ ......... ~, ~Llch_. s.~,. ti-.-..-,..~ 24 ! ! 9) u_. u:~: !976, Sec: 32-250. Use Of Certain Nonmotorized Vehicles, Conveyances And Equipment In Municipal Parkin,cl Gara.qes or LotsOr. -r ..... ~-.....u ~..... ^ (a) No person shall be upon and make use of roller skates, skateboards, bicycles, or other wheeled recreational vehicles, ,,,;~;,- or conveyances ................. cf the Tc'::.". Clack Pla:= cr within any Municipal parking garage or Municipal parking lot. This provision shall not apply to use of a wheelchair or other similar conveyance when used for transportation by any temporarily or permanently.~"--'~;._. disabled.person, or to a wagon being pulled by a pedestrian at a walking speed. Sec. 35-27. Town Clock Plaza. [General Business Licenses] · Ordinance No. 37-71 "Mol~e. nlmu-