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Code of Ordinances Amendment - Title 10 Parks and Recreation_Bee Branch Greenway Copyrighted May 15, 2017 City of Dubuque Action Items # 8. ITEM TITLE: Code of Ordinances Amendment- Title 10 Parks and Recreation, Public Ways and Property related to the Bee Branch Creek Greenway SUMMARY: City Manager recommending approval of ordinance amendments to address the addition of the Bee Branch Creek Greenway. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Sections 10-513-2 Intoxicating Beverages, 10-5134 Dogs, Cats and Other Domestic Animals, 10-513-5 Walking on Grass, 10- 56-7 Interfering with Animals, 10-513-16 Meetings and Gatherings, 10-513-20 Compliance with Motor Vehicle Laws, Ordinances, 10-513-21 Removal of Unattended Vehicles Left After Closing Hours, 10-513-22 Open Season and Hours Generally; Article C Specific Parks, Open Spaces and Trails, Section 10-5C-1 Specific Park Areas, Open Spaces, and Trails Described; and Amending Article B Use Regulations by Adding Sections 10-513-23 Watersports, Swimming, and Wading and 10-513-24 Prohibited Activities, Signage ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 7 Boats and Waterfront Structures, Section 10-7-13 Activities Prohibited SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Title 10, Chapter 5 and 7 Ordinance Amendments-MVM City Manager Memo Memo Ordinance Amendments Memo Staff Memo Ordinance Amendment Title 10 Chapter 5 Ordinance Ordinance Amendment Title 10 Chapter 7 Ordinance THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Title 10, Chapter 5 and Chapter 7 Ordinance Amendments DATE: May 11, 2017 Title 10 is the ordinance related to Public Ways. Chapter 10 relates to Parks and Recreation specifically. Title 10, Chapter 7 relates to Boats, Boating and Waterfront Structures. Each of these chapters needed updates related to the Bee Branch Creek Watershed Project. The Bee Branch Creek is a unique area as it serves a main purpose of storm water management yet its second purpose is park land, trail connection, creek and a greenway. Below is a summary of the ordinance addition recommendations related to what would be called the Bee Branch Creek Greenway. A. Alcohol would be allowed. There are five different spaces that will be reservable — the overlook at 16th, overlook at 24th, amphitheater, and two smaller spaces below the 24th outfall area. It is anticipated that these will be sites for small weddings, renewal ceremonies or special occasion celebration and event spaces. Champagnes and wines are typical to have at some of these events. All other pavilions and rental spaces in the Leisure Services system allow alcohol. Additionally, the 16th Street Detention Basin will be recommended for fishing and the similar fishing pond at Bergfeld Recreation Area allows alcohol. B. Fishing would be allowed in the creek and detention basin at 16th Street. Many improvements to both have established these areas as good fisheries. C. Non-motorized skateboards, bicycles, scooters and hoverboards would be allowed. D. The parking lots associated with Bee Branch Creek Greenway would have 24-hour parking limits. E. Bee Branch Creek Greenway would be open for use 24 hours a day. F. Swimming and wading would be prohibited. The 16th Street detention Basin is brown water with limited visibility. The depth varies and certain areas have a current that isn't always seen. The Creek itself although clear water, will vary greatly in its depth of water as that will change based on rain patterns. There are fishing structures and cobbles built into the creek for fish and habitat. There is a drop-off from the limestone blocks to the creek level that does not make entry for wading or swimming easy or safe. G. Pets on leashes would be allowed in the Bee Branch Creek Greenway. The Heritage Trail as well as most other trails in the city were added to the areas allowing pets several years ago. At that time, AY McDonald and Pyatigorsk Parks were added because the Jaycee Trail started at AY McDonald and went through Pyatigorsk. The Bee Branch has similar characteristics. These additions have gone over well for pet owners and have not created issues. H. Canoeing and kayaking are allowed in the 16th Street Detention Basin. Standup paddle boards would also be allowed there. The above changes and additions were presented to the Bee Branch Citizens Advisory Committee. Two of representatives then shared the recommendations at the North End and Point Neighborhood meetings. The topic receiving the most conversation at these meetings was the topic of allowing alcohol. At the end of those discussions it was felt allowing it would be acceptable with the understanding that if there were problems the ordinances could be recommended for a change. The Park and Recreation Commission reviewed the ordinance recommendations and voted 6-1 in favor of approving the recommended ordinance. Leisure Services Manager Marie Ware recommends City Council approval of ordinance amendments to address the addition of the Bee Branch Creek Greenway. I concur with the recommendation and respectfully request Mayor and City Council approval. A4�. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager 2 THE CITY ODubuque U Bi E I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Title 10, Chapter 5 and Chapter 7 Ordinance Amendments DATE: May 10, 2017 INTRODUCTION The purpose of this memo is to request City council consideration of ordinance amendments to address the addition of the Bee Branch Creek Greenway as it's opening nears. BACKGROUND Title 10 is the ordinance related to Public Ways. Chapter 10 relates to Parks and Recreation specifically. Title 10, Chapter 7 relates to Boats, Boating and Waterfront Structures. Each of these chapters needed updates specific for Bee Branch. The monthly tours with citizens show the variety of spaces and uses of the new addition to the parks system. Bee Branch is a unique area as it serves a main purpose of storm water management yet its second purpose is park land, trail connection, creek and a greenway. This means it affects many edits to the current ordinances. City staff from Legal, Engineering, Public Information and Leisure Services met several times to discuss ordinance changes and recommendations as well as policy decisions to be made prior to Bee Branch opening. DISCUSSION The topics of naming, fishing, parking area length of time, alcohol, pets and park hours were identified as topics that needed to be addressed by ordinance. Staff reviewed each topic area and discussed what made the most sense based upon the usage predicted in Bee Branch. The first topic was park naming. The area has been commonly referred to as Bee Branch from the beginning. The project has been about daylighting Bee Branch Creek. 1 The term "park" although appropriate did not encapsulate the full function of the area. In parks systems throughout the country "greenway" has been used for linear parks and trails in urbanized areas. All together the name of Bee Branch Creek Greenway is recommended to be adopted as the formal name and thus used throughout the ordinance. This would be the established name unless at some time a donor came forward that as a part of a significant donation the park would be renamed for. The most recent example was the redevelopment and renaming of AY McDonald Park. This would be presented to the City Council for approval of renaming should a donation be contemplated by a donor. Below is a summary of the ordinance addition recommendations related to Bee Branch Creek Greenway. A. Alcohol would be allowed. There are five different spaces that will be reservable — the overlook at 16th, overlook at 24th, amphitheater, and two smaller spaces below the 24th outfall area. It is anticipated that these will be sites for small weddings, renewal ceremonies or special occasion celebration and event spaces. Champagnes and wines are typical to have at some of these events. All other pavilions and rental spaces in the Leisure Services system allow alcohol. Additionally, the 16th Street Detention Basin will be recommended for fishing and the similar fishing pond at Bergfeld Recreation Area allows alcohol. B. Fishing would be allowed in the creek and detention basin at 16th Street. Many improvements to both have established these areas as good fisheries. C. Non-motorized skateboards, bicycles, scooters and hoverboards are allowed and must comply with 9-7-321 .275A. D. The parking lots associated with Bee Branch Creek Greenway would have 24-hour parking limits. E. Bee Branch Creek Greenway would be open for use 24 hours a day. Several years ago, most trails were added for 24 hour a day use. This request came from the public trail users for exercise later in the evening or very early morning. There were others using the trails as their transportation way as they commuted by bike. F. Swimming and wading would be prohibited. The 16th Street detention Basin is brown water with limited visibility. The depth varies and certain areas have a current that isn't always seen. The Creek itself although clear water, will vary greatly in its depth of water as that will change based on rain patterns. There are fishing structures and cobbles built into the creek for fish and habitat. There is a drop-off from the limestone blocks to the creek level that does not make entry for wading or swimming easy or safe. 2 G. Pets on leashes would be allowed in the Bee Branch Creek Greenway. The Heritage Trail as well as most other trails in the city were added to the areas allowing pets several years ago. At that time, AY McDonald and Pyatigorsk Parks were added because the Jaycee Trail started at AY McDonald and went through Pyatigorsk. The Bee Branch has similar characteristics. The Heritage Trail continues into the Bee Branch Creek Greenway and will have connecting segments from 24th to 16th and along the basin at 16th. This connected trail segment traverses the Greenway and both sides of the Creek channel. These additions have gone over well for pet owners and have not created issues. H. Canoeing and kayaking are allowed in the 16th Street Detention Basin. Standup paddle boards would also be allowed there. The ordinance update also adds descriptions in 10-5C-1 for several parks that have had recent additions of acres to a current park, recent addition of a park or were originally missed in the listing. The above changes and additions were presented to the Bee Branch Citizens Advisory Committee. Two of representatives then shared the recommendations at the North End and Point Neighborhood meetings. The topic receiving the most conversation at these meetings was the topic of allowing alcohol. At the end of those discussions it was felt allowing it would be acceptable with the understanding that if there were problems the ordinances could be recommended for a change. The Park and Recreation Commission reviewed the ordinance recommendations and voted 6-1 in favor of approving the recommended ordinance attached to the City Council. Their only change was to make sure the wording was clear that stand-up paddleboard (SUP's) are acceptable. This was done as a part of the attachments. RECOMMENDATION I respectfully request City Council approval of ordinance amendments to Title 10, Chapter 5 and 7 as attached. MLW:et attachments cc Crenna Brumwell, City Attorney Steve Fehsal, Park Division Manager Kristin Hill, Communications Specialist Deron Muehring, Civil Engineer Steve Brown, Project Manager 3 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 23-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS, SECTIONS 10-5B-2 INTOXICATING BEVERAGES, 10-5B-4 DOGS, CATS AND OTHER DOMESTIC ANIMALS, 10-5B-5 WALKING ON GRASS, 10-5B-7 INTERFERING WITH ANIMALS, 10-5B-16 MEETINGS AND GATHERINGS, 10-5B-20 COMPLIANCE WITH MOTOR VEHICLE LAWS, ORDINANCES, 10-5B-21 REMOVAL OF UNATTENDED VEHICLES LEFT, AFTER CLOSING HOURS, 10-5B-22 OPEN SEASON AND HOURS GENERALLY; ARTICLE C SPECIFIC PARKS, OPEN SPACES AND TRAILS, SECTION 10-5C-1 SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS DESCRIBED; AND AMENDING ARTICLE B USE REGULATIONS BY ADDING SECTIONS 10-5B-23 WATERSPORTS, SWIMMING, AND WADING AND 10-5B-24 PROHIBITED ACTIVITIES, SIGNAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-2: INTOXICATING BEVERAGES: A. Possession, Consumption, Or Use Of Alcoholic Liquor, Wine, Beer, Or Other Intoxicating Beverages Prohibited: 1. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the code of Iowa or any other intoxicating beverages is prohibited on park roadways and trails, in park and recreation facility parking Tots, and in vehicles located within a park. 2. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the code of Iowa or any other intoxicating beverages is prohibited in any public park, open space, or park and recreation facility unless specifically exempted in subsection B of this section. B. Exemptions: 1. Locations Exempt: Subsection A2 of this section shall not apply to the possession, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating beverages at: a. Alliant Energy Amphitheater events for which a special events permit has been issued under chapter 4 of this title; b. American Trust River's Edge Plaza events for which a special events permit has been issued under chapter 4 of this title; c. A.Y. McDonald Park; d. Bee Branch Creek Greenway; e. Bunker Hill Golf Course; f. Eagle Point Park; g. Flora Park; h. Four Mounds Park as approved by the Four Mounds Foundation; John G. Bergfeld Recreation Area; j. Marshall Park as approved by the Dubuque Arboretum Association, Inc.; k. McAleece Park And Recreation Complex; Miller -Riverview Park; m. Murphy Park; n. Port Of Dubuque Marina; o. Port of Dubuque Riverwalk Trail events for which a special events permit has been issued under chapter 4 of this title; P. Veterans Park; and q. Any other park with the prior written approval of the city manager. 2. Closed Containers: Subsection A of this section shall not apply to the transporting of closed containers of intoxicating beverages on park roadways, in park and recreation facility parking lots, in vehicles located within the park, and the public parks and park and recreation facilities listed in subsection B1 of this section. 3. Keg Beer: Notwithstanding subsection B1 of this section, beer in containers commonly referred to as "keg beer" shall only be permitted by a licensed holder of a beer permit who has obtained a permit from the city manager authorizing the use of such container. Section 2. Section 10-5B-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS: A. Animals Prohibited: No person shall be permitted to bring into any park, parkway, trail, or open space, any dog, cat or other domestic animal, nor shall any person permit such dog, cat or other domestic animal to run at large in any park, parkway, trail, or open space. Any unattended animal shall be impounded and its owner may redeem the same upon paying the reasonable costs of such impoundment. B. Leashed Dogs And Cats Allowed In Certain Parks And Areas: 1. Notwithstanding the foregoing, leashed dogs and cats shall be permitted in the following: A.Y. McDonald Park Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail John G. Bergfeld Recreation Area Medical Associates Greenbelt Park Miller -Riverview Park Northwest Arterial Trail Port Of Dubuque Marina Port Of Dubuque Riverwalk Trail Powerline Trail Pyatigorsk Park Southern Levy Trail 2. Leashed dogs and cats as allowed in subsection B1 of this section are subject to and must comply with the provisions of title 7, chapter 6 of this code. 3. The owner or keeper must pick up and dispose of or take away the dog or cat's waste. 4. The owner or keeper is responsible for the actions of the dog or cat. C. Unleashed Pets Allowed In Pet Park: Unleashed pets shall be permitted in the pet park. D. Exceptions: This section does not apply to: 1. Service animals used by persons with disabilities; 2. As part of an approved and permitted special event under chapter 4 of this title; 3. Animals which are part of the Storybook Hill Petting Zoo at Franklin Delano Roosevelt Park; and 4. Animals within Eagle Point Park, Murphy Park and Flora Park which are confined to an automobile, camper, motor home (a.k.a. recreational vehicle), or other similar conveyance during the entirety of their time within the designated park(s), parkway(s), trail(s), or open space(s). Section 3. Section 10-5B-5 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-5: ACCESS LIMITED: No person may proceed into or upon an area of any park, parkway, trail, or open space where any prohibitory sign is posted. Section 4. Section 10-5B-7 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-7: INTERFERING WITH ANIMALS, FISHING: A. No person shall kill, trap, tease, annoy, disturb, feed or interfere with any bird or other fowl, or animals in any park, parkway, trail, or open space. No person shall rob, injure or destroy the nest of any bird or any other fowl. B. Fishing is allowed at the following locations: AY McDonald Park Bee Branch Creek Greenway Bissell Harbor Dove Harbor, Seventh Street area Dubuque Marina Harbor Heron Pond, located within Miller Riverview Park Ice Harbor John G. Bergfeld Recreation Area Maus Park Port of Dubuque Marina Schmitt Harbor 16th Street detention basin 32nd Street detention basin ponds Section 5. Section 10-5B-16 of the City of Dubuque Code of Ordinances is amended to read as follows; 10-5B-16: MEETINGS AND GATHERINGS: Parks, parkways, trails, open spaces, or portions thereof, are available for reservation for group gatherings during the open park season by contacting the Leisure Services Department office. Such reservations can be made twenty-three (23) months in advance. Parks, parkways, trails, open spaces, or portions thereof, shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefor. Section 6. Section 10-5B-20 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-20: COMPLIANCE WITH TRAFFIC AND VEHICLE LAWS, ORDINANCES: A. Motorized Vehicles: No person in a park, parkway, trail, or open space shall fail to comply with all applicable provisions of the motor vehicle laws of the state in regard to equipment and operation of motor vehicles together with such regulations as are contained in this article and other ordinances of the city. B. Non -Motorized Vehicles: Non -motorized vehicles, including, but not limited to skateboards, bicycles, scooters, and hoverboards, must comply with the provisions of 9- 7-321.275A. Section 7. Section 10-5B-21 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-21: UNATTENDED VEHICLES: A. Any motor vehicle left unattended in any of the parks after closing thereof shall be deemed abandoned and the city manager or the park ranger shall cause the same to be towed from such park and the same shall not be redeemed by the owner or the person responsible therefor until the reasonable towing charges and storage fees are paid. B. It shall be unlawful for a motor vehicle to stand or park in a park, parkway, trail, or open space for more than twenty-four (24) hours without such vehicle being moved, unless authorized by the city manager. C. Parking may be limited to users of parks, parkways, trails, or open spaces and the city manager reserves the right to remove motor vehicles which are not associated with users of the parks, parkways, trails, or open spaces. Section 8. 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 and Veterans Memorial Park 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 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 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) RM. 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 Tots 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 Section 9. Title 10, Chapter 5, Article B of the City of Dubuque Code of Ordinances is amended by adding the following: 10-5B-23: WATERSPORTS, SWIMMING, AND WADING. See 10-7-13. Section 10. Title 10, Chapter 5, Article B of the City of Dubuque Code of Ordinances is amended by adding the following: 10-5B-24: PROHIBITED ACTIVITIES, SIGNAGE: The city manager is authorized to post signage in parks, parkways, trails, and open spaces, or any portions thereof, regulating activities within the designated area. A failure to comply with signage shall be a violation of this code. Section 11. Section 10-5C-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5C-1: SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS DESCRIBED: Park descriptions for parks, open space descriptions for open spaces and trail descriptions for trails will be reviewed on a periodic basis and added, deleted and amended as necessary. Enforcement of use regulations will not be contingent on parks, open spaces, and trails being specifically listed in this section. The following described parcels of real estate are and will be used for public park purposes and will continue to be known as set forth below and placed under the jurisdiction of the park and recreation advisory commission: Alliant Energy Amphitheater: The area of the Port of Dubuque west of the Port of Dubuque Riverwalk Trail, south of the railroad tracks, east of Bell Street, and adjacent to the former Dubuque Star Brewery. American Trust River's Edge Plaza: That area, including the flat area, steps and ramp, outside the floodwall at the Port of Dubuque at the south end of the Port of Dubuque Riverwalk Trail. Bee Branch Creek Greenway: The park area surrounding the 16th Street detention basin and paralleling the day lighted Bee Branch Creek. Cancer Survivor Park: Lot 21 and 22 of the Finley Home Addition. Creek Wood Park: Lot 2 of Timber-Hyrst Place #2 in the City of Dubuque. Maus Park: Lot 1-1-1 of Mineral Lot 38, Lot 2 of Section 31, Township 89 North, Range 2 East of Lands Part of Moore's Mill Slough Township 89 North, Range 2 East Part of Moore's Mill Slough in Section 31 and Section 36, Township 89 North, Range 2 East and Lot 1 Mount Carmel Subdivision. Valentine Park: Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights and Lot 4 in Block 2 of Marna Ridge Estates 2 in the city of Dubuque, Iowa and Lot 1 of Roepsch Place No. 2. Section 12. This Ordinance takes effect upon publication. Passed, approved, and adopted the 15th day o May, 2017. if Attest: Kevin Flrnstahl, CT /Clerk - Roy D. Buy , Mayor EFFECT OF AMENDMENT 10-513-2: INTOXICATING BEVERAGES: A. Possession, Consumption, Or Use Of Alcoholic Liquor, Wine, Beer, Or Other Intoxicating Beverages Prohibited: 1 . The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the code of Iowa or any other intoxicating beverages is prohibited on park roadways and trails, in park and recreation facility parking lots, and in vehicles located within a park. 2. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the code of Iowa or any other intoxicating beverages is prohibited in any public park, open space, or park and recreation facility unless specifically exempted in subsection B of this section. B. Exemptions: 1 . Locations Exempt: Subsection A2 of this section shall not apply to the possession, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating beverages at: a. Alliant Energy Amphitheater events for which a special events permit has been issued under chapter 4 of this title; b. American Trust River's Edge Plaza events for which a special events permit has been issued under chapter 4 of this title; C. A.Y. McDonald Park; d. Bee Branch Creek Greenway; e4. Bunker Hill Golf Course; fe. Eagle Point Park; qf. Flora Park; 29. Four Mounds Park as approved by the Four Mounds Foundation; i#. John G. Bergfeld Recreation Area; 1+. Marshall Park as approved by the Dubuque Arboretum Association, Inc.; McAleece Park And Recreation Complex; Miller-Riverview Park; I. M066066ippi RiveFwalkeueat6 f^. WhiGh a-Gpesial ekAeRt6 pew;Qo heen is pd i ndeF nhenter 4 of this title; M. Murphy Park; n. Port Of Dubuque Marina; o. Port of Dubuque Riverwalk Trail events for which a special events permit has been issued under chapter 4 of this title; pe. Veterans Park; and qp. Any other park with the prior written approval of the city manager. 2. Closed Containers: Subsection A of this section shall not apply to the transporting of closed containers of intoxicating beverages on park roadways, in park and recreation facility parking lots, in vehicles located within the park, and the public parks and park and recreation facilities listed in subsection B1 of this section. 3. Keg Beer: Notwithstanding subsection B1 of this section, beer in containers commonly referred to as "keg beer" shall only be permitted by a licensed holder of a beer permit who has obtained a permit from the city manager authorizing the use of such container. 10-513-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS: A. Animals Prohibited: No person shall be permitted to bring into any park, parkway, trail, or open space, any dog, cat or other domestic animal, nor shall any person permit such dog, cat or other domestic animal to run at large in any park, parkway, trail, or open space. Any unattended animal shall be impounded and its owner may redeem the same upon paying the reasonable costs of such impoundment. B. Leashed Dogs And Cats Allowed In Certain Parks And Areas: 1 . Notwithstanding the foregoing, leashed dogs and cats shall be permitted in the following: A.Y. McDonald Park Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail John G. Bergfeld Recreation Area Medical Associates Greenbelt Park Miller-Riverview Park Northwest Arterial Trail Port Of Dubuque Marina Port Of Dubuque Riverwalk Trail Powerline Trail Pyatigorsk Park Southern Levy Trail 2. Leashed dogs and cats as allowed in subsection 131 of this section are subject to and must comply with the provisions of title 7, chapter 6 of this code. 3. The owner or keeper must pick up and dispose of or take away the dog or cat's waste. 4. The owner or keeper is responsible for the actions of the dog or cat. C. Unleashed Pets Allowed In Pet Park: Unleashed pets shall be permitted in the pet park. D. Exceptions: This section does not apply to: 1 . Service animals used by persons with disabilities; 2. As part of an approved and permitted special event under chapter 4 of this title; 3. Animals which are part of the Storybook Hill Petting Zoo at Franklin Delano Roosevelt Park; and 4. Animals within Eagle Point Park, Murphy Park and Flora Park which are confined to an automobile, camper, motor home (a.k.a. recreational vehicle), or other similar conveyance during the entirety of their time within the designated park(s), parkway(s), trail(s), or open space(s). 10-513-5: ACCESS LIMITED . No person may proceed intoge-ea feet or ^' i;e upon an areat49-9k-w,&er4+#of any park, parkway, trail, or open space where any prohibitory sign is posted. 10-513-7: INTERFERING WITH ANIMALS, FISHING: A. No person shall kill, trap, tease, annoy, disturb, feed or interfere with any bird or other fowl, or animals or fish in any park, parkway, trail, or open space. No person shall rob, injure or destroy the nest of any bird or any other fowl. B. Fishing is allowed at the following locations: AY McDonald Park Bee Branch Creek Greenway Bissell Harbor Dove Harbor, Seventh Street area Dubuque Marina Harbor Heron Pond, located within Miller Riverview Park Ice Harbor John G. Berqfeld Recreation Area Maus Park Port of Dubuque Marina Schmitt Harbor 16th Street detention basin 32nd Street detention basin ponds 10-513-16: MEETINGS AND GATHERINGS: Parks, parkways, trails, open spaces, or portions thereof,l9 61 are available for reservationf^F gFeup gatheFi^^^ may be F^^^^ ^ ' for group gatherings during the open park season by contacting the Leisure Services Department offic2pa* and F^^F^^+ ^^ o fire. Such reservations can be made twenty-three (23) months in advance. Parks, Parkways, trails, open spaces, or portions thereof,Q"'' shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefor. 10-513-20: COMPLIANCE WITH TRAFFIC ANDD4QTQR VEHICLE LAWS, ORDINANCES: A. Motorized Vehicles: No person in a park,-49; parkway, trail, or open space shall fail to comply with all applicable provisions of the motor vehicle laws of the state in regard to equipment and operation of motor vehicles together with such regulations as are contained in this article and other ordinances of the city. B. Non-Motorized Vehicles: Non-motorized vehicles, including, but not limited to skateboards, bicycles, scooters, and hoverboards, must comply with the provisions of 9- 7-321 .275A. 10-513-21 : REP4 41 QF UNATTENDED VEHICLES I CCT AFTFR ri nSIISIG WQI IR2- Any motor vehicle left unattended in any of the parks after closing thereof shall be deemed abandoned and the city manager or the park ranger shall cause the same to be towed from such park and the same shall not be redeemed by the owner or the person responsible therefor until the reasonable towing charges and storage fees are paid. B. It shall be unlawful for a motor vehicle to stand or park in a park, parkway, trail, or open space for more than twenty-four (24) hours without such vehicle being moved, unless authorized by the city manager. C. Parking may be limited to users of parks, parkways, trails, or open spaces and the city manager reserves the right to remove motor vehicles which are not associated with users of the parks, parkways, trails, or open spaces. 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 and Veterans Memorial Park 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 through a special events permit or conditions of a city rental reservation: A.Y. McDonald Park Allison-Henderson Park Avon Park Qennh ora* 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 r_ren..er creel, nle+i-re Treil Grant Park Harvest View Park uer ageail Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park tea:: Jefferson Park John G. Bergfeld Recreation Area Madison Park Marna Ridge Children's Forest Medical Associates Greenbelt Aln r+h,nie c+ nr+e riel Trail Oakwood Park Pet Park Pinard Park Port Of Dubuque Marina Port Of Dubuque Rivenvalk Trail oye Tail raArline row�rcilrr Pyatigorsk Park Riley Park Rocco Buda Jr. Park Ceii+hern I e v Tail Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park Valley High 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 DubugueM+ss�ss Riverwalk Trail Powerline Trail Southern Levy Trail 10-513-23: WATERSPORTS, SWIMMING, AND WADING. See 10-7-13. 10-513-24: PROHIBITED ACTIVITIES, SIGNAGE: The city manager is authorized to post signage in parks, parkways, trails, and open spaces, or any portions thereof, regulating activities within the designated area. A failure to comply with signage shall be a violation of this code. 10-5C-1 : SPECIFIC PARKAREAS, OPEN SPACES, AND TRAILS DESCRIBED: Park descriptions for parks, open space descriptions for open spaces and trail descriptions for trails will be reviewed on a periodic basis and added, deleted and amended as necessary. Enforcement of use regulations will not be contingent on parks, open spaces, and trails being specifically listed in this section. The following described parcels of real estate are and will be used for public park purposes and will continue to be known as set forth below and placed under the jurisdiction of the park and recreation advisory commission: Alliant Energy Amphitheater: The area of the Port of Dubuque west of the Port of DubugueAA+s� Riverwalk Trail, south of the railroad tracks, east of Bell Street, and adjacent to the former Dubuque Star Brewery. American Trust River's Edge Plaza: That area, including the flat area, steps and ramp, outside the floodwall at the Port of Dubuque at the south end of the Dubugue" pi Riverwalk Trail. Bee Branch Creek Greenway: The park area surrounding the 16th Street detention basin and paralleling the day lighted Bee Branch Creek_ Cancer Survivor Park: Lot 21 and 22 of the Finley Home Addition. Creek Wood Park: Lot 2 of Timber-Hurst Place #2 in the City of Dubuque. Maus Park: Lot 1-1-1 of Mineral Lot 38, Lot 2 of Section 31 , Township 89 North, Range 2 East of Lands Part of Moore's Mill Slough Township 89 North, Range 2 East Part of Moore's Mill Slough in Section 31 and Section 36, Township 89 North, Range 2 East and Lot 1 Mount Carmel Subdivision. Valentine Park: Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights and Lot 4 in Block 2 of Marna Ridge Estates 2 in the city of Dubuque, Iowa and Lot 1 of Roepsch Place No. 2. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 24-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 7 BOATS, BOATING AND WATERFRONT STRUCTURES, SECTION 10-7-13 ACTIVITIES PROHIBITED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-7-13 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-7-13: PLACES AND HOURS OF RESTRICTION: A. Watersports Prohibition: No person shall ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in waterskiing, motorized personal watercraft operation, surfboarding (excluding paddle boarding) or similar activity at any time in the following areas: 1. Bissell Harbor. 2. Dove Harbor, Seventh Street area. 3 Dubuque Marina Harbor. 4 Heron Pond, located within Miller Riverview Park. 5. Ice Harbor including Port Of Dubuque Marina. 6. John G. Bergfeld Recreation Area. 7. Maus Park. 8. Northwest Arterial Detention Basin. 9. Schmitt Harbor. 10, 16th Street Detention Basin. 11. 32nd Street Detention Basin Pond(s). B. Swimming and Wading: No person shall swim or wade at any time in the following areas: 1. Bee Branch Creek Greenway. 2. Bissell Harbor. 3. Dove Harbor, Seventh Street Area. 4. Dubuque Marina Harbor. 5. Heron Pond, located within Miller Riverview Park. 6. Ice Harbor including Port of Dubuque Marina. 7. John G. Bergfeld Recreation Area. 8. Maus Park. 9. Miller Riverview Park. 10, Northwest Arterial Detention Basin. 11. Port of Dubuque Riverwalk Trail. 12. Rivers Edge Plaza. 13. Schmitt Harbor. 14. 16th Street Detention Basin. 15. 32nd Street Detention Basin pond(s). C. Schmitt Harbor and Hawthorne Street Boat Ramps: No person shall swim or ice skate within five hundred feet (500') of the Schmitt Harbor Boat Ramp and the Hawthorne Street Boat Ramp. D. In all other areas under the jurisdiction of the city, no person shall swim, ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in waterskiing, surfboarding (excluding paddle boarding) or similar activity at any time between the hours of one-half (1/2) hour after sunset to sunrise. E. Nothing herein shall prohibit access to the Ice Harbor including the Port of Dubuque Marina for commercial use of the facility. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 15th day of ay, 2017. Roy D. Buol, ayor Attest: Kevin Firnstahl, City Cler EFFECT OF AMENDMENT 10-7-13: PLACES AND HOURS OF RESTRICTION G-TnnTlEe PROHIQITFID: A ol,,.es; and Hour of oes;+rin+inn., Watersports Prohibition: No person shall swim, ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in waterskiing, motorized personal watercraft operation, surfboarding (excluding paddle boarding) or similar activity at any time in the following areas: 1 . Bissell Harbor. 2. Dove Harbor, Seventh Street area. 3a. Dubuque Marina Harbor. b. BisceAWirbor P. 2ahmott Wirhnr Pl. onve SeveathStreetaFea. 4. Heron Pond, located within Miller Riverview Park. 5e. Ice Harbor including Port Of Dubuque Marina. 6. John G. Bergfeld Recreation Area. 7f. Maus Park. 0. 16th 94PPt dPtPR#inn I@RGiR- h RPP QraRGh Greek, from the F#h 2treetdetPnt h,� +n nPrth Pf 16th meet 8. Northwest Arterial Detention Basin. 9. Schmitt Harbor. 10. 16th Street Detention Basin. 114._West-32nd Street Ddetention Bbasin Epondisl. i WVV a4pri;iI rte+en+inn h;icin k. BeFqfead Pond I. Wprnn Po.;m B. Swimming and Wading: No person shall swim or wade at any time in the following areas: 1 . Bee Branch Creek Greenway. 2. Bissell Harbor. 3. Dove Harbor, Seventh Street Area. 4. Dubuque Marina Harbor. 5. Heron Pond, located within Miller Riverview Park. 6. Ice Harbor including Port of Dubuque Marina. 7. John G. Berqfeld Recreation Area. 8. Maus Park. 9. Miller Riverview Park. 10. Northwest Arterial Detention Basin. 11 . Port of Dubuque Riverwalk Trail. 12. Rivers Edge Plaza. 13. Schmitt Harbor. 14. 16th Street Detention Basin. 15. 32nd Street Detention Basin pond(s). C. Schmitt Harbor and Hawthorne Street Boat Ramps: No person shall swim or ice skate within five hundred feet (500') of the Schmitt Harbor Boat Ramp and the Hawthorne Street Boat Ramp. D-2. In all other areas under the jurisdiction of the city, no person shall swim, ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in waterskiing, surfboarding (excluding paddle boarding) or similar activity at any time between the hours of one-half (1/2) hour after sunset to sunrise. E�1. Nothing herein shall prohibit access to the Ice Harbor including the Port o8f Dubuque Marina for commercial use of the facility. Q 2ahmi## uerbor And WxAdhorne 2trppt goat Ram n19 neFG n 6he11 Gwom or Street beat R-. C. �,Ay,�y Der eFS9n 6hell lade the ,a#� e�oeRt to C. DivPr-Opw DerL v. RYtlefs Fd9e PlazaQr Rir 'Ie V lk- WO Pefs n shell rwim or wade on tele-watefs erliegen# #9 the Rivers Edge Plaza 9r the r ielL F. 116P er Genes 1mn#inn (1£ L09619F, Wine QF -Ree{: I ve-�nle,n,£i it £era 7Pefsvrr #n elg9hnlig I0911nr6 r heer On the Hawth9rne Street the 6961#h by the DeecM Ghennel n the , e6# ha the R;GGFORg cline Of the 9 1h11911e 11 Aerine nrl 9n the n9r#h by V911n#eer DFive; n viderl however the dispen6in9 9£ heer £9r 9 rv.n#inn in the LJe,ndh9rne Street a shell he n mitten by e Iigen6erl heer n£the H;w4h9rne C#ree# a £nr 6 1nh n STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: May 19, 2017, and for which the charge is $168.95. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this �3 ,6' day of ?y2,e�,, , 20 /7 . a Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 . • trail; or open space,: regulations - as , are:, any dog, cat or other containeditftthiSrti- demestie..- animal, nor -ale and ',Otfierr'IJOrdl-.. !,shalLarirperson :tier- 'fiances of the'cN,:,:.,';;.:;. finiVStfelt_tiOgi.:cat or ' • B., Non -Motorized .• other„deihastic• animal Vehicles Non •:te'r'atlergeln any ized vehicles, inbitid Park,parkWaY, trail; or 1, Mg, butnot hmited to °Pen SpaCe.,-"AnY rtInat, skateboards;-, tended 'anirrial shall' be 'scoeters,and :hover-,'-' • impounded and its 'boards, must Coy. OFFICIAL owner the with the provision80,97„-: PUBLICATION sarfie UrioribaYing the • 7-321.275A, ORDINANCE NO. 23-17 'reasOnable:---,"doStt . of , ' Section 7. SectiOn10;;`, --.:7SAMENDING', CITY OF such impoundment. 5B-21 of tkeCitSf;-.„-Of •0UOUQUE. :".CODE OF B. Leashed Dogs And Dubuque Cof AilibiNANds'.:'eL‘TITLE Cats AllOWed ImCertain Ordinances it amended 2 10 PUBLIC WAYS AND Parks And Areas:. • to read as followS:-, PROPERTY, CHAPTER 1. Notwithstanding' .. 10,5B-21: -UNATTEND-.' 5 PARKS AND RECRE- the foregoing, leashed • ED VEHICLES: ATION, 'ARTICLE , B dogs and cats shall. be A: Any motor. vehicle , • USE REGULATIONS; 'permitted- in the fol- • . left Lunattended in any SECTIONS .10513-2 lowing:. , Of the „ parks • after INTOXICATING BEV- A.Y. McDonald Park closing thereof shall be ERAGES, 10.5B-4 --!Baa-'13tarich Creek ; • deerned abandoned DOGS, . CATS . GreenvVey:;.'.- and the city 'Manager OTHER DOMESTIC , GranUer 'Greek' Nature or the Park rarigerthall. ANIMALS, 10 58 5 Trail cause the,"Sarne:;:tb be WALKING ON GFIAS,S,,' Heritage Trail ' towed fron‘CtuCh- park" - 10 -5B-7 ,INTERFERING Jaycee Trail : andthe same 'shalfnot WITH ; ANIMALS, 10- ' John G.•Bergfeld Rec- : be • redeemed .by." the 5g=3.6 MEETINGS AND reation Area owner or the person GATHERINGS, , lo -pp- Medical Associates responsible . therefor • 20 • COMPLIANCE Greenbelt Park • . until the reaSonable- ,. WITH MOTOR VEHI- Miller -Riverview park towing f charges and CLE LAWS, . ORDI- • • Northwest Arterial' • storage fees are paid.: NANCES, - 10-513-21 Trail . ) , „ • Kit shall be unlawful REMOVAL OF , UN- Port Of • Dubuque for a motor: vehicle to ATTENDED,.YEHICLES Marina"; , - • stand or park in a.park, LEFT.ArrEit" CLOSING Port': Of Dubuque parkway; trail, or open ' HOURS, 10 -5B -22i - •RiverwaikTrail tpace for' More than OPEN • SEASON AND ' POWerlineTrail -•twenty-four :(24) hours, HOURS GENERALLY; •without such vehicle ARTICLE SOotherriLeVy„Trall : • . being . moved, unless PARKS, •..15PEN' -',..2.-AeasheCi'dogs; and :,.:.authorized the city- ; SPACES AND TRAILS, ,cats --as r allowed ' in • manager.' . ". SECTION 10-504 SPE- -, subsection 131 of . this ; Parking may be • CIFIC EPAill( ' 'AREAS, section are Subject,to; limiter1toi'..userS !; of OPEN SPACES, AND'. ,:and must COMPIVWith .parks, parkways, trails, TRAILS DESCRIBED; the provisionS'of title 7; or open spaces, and the " .ANDAiviENtimo ARTI.: ',Chanter 0 oftni8'cOde:!': r• ; city manager, 'reserves CLE B USE REGULA - the right to remove TIONS BY ' ADDING er must pick up and motor vehicles which SECTIONS :10,03,23 !,ON30$4.,-...cifl:t! or take are not_aSsociated with WATERSPORTS, 'avay the deg or gats -utert,'-o-rghe parks; SWIMMING, •• , •. , .parkways,":trails, or WADING AND' 40-5B- The:ovynet, or keep-- ' open spaces. , 24 . • PROHIBITED -:'• responsible -' for Section'8. Section 10-• ACTIVITIES, SIGNAGE the actions of the, dog 5B-22 of the: City of, NOW,' THEREFORE,. -or cat. . • . Dubuque-. 'Cede. of, BE IT ORDAINED. BY , `: 'C. Unleashed Pets : Ordinances is amended THE CITY!' COUNCIL. Allowed, In Pet Park:,. te-read as follows: OF THE, pets shall., 410,5B-22:- OPEN - rDUEIUQUE;')O,Wki.„."..-,-::;-be permitte.c1;itilthe pet; ::SEASON.:JiAND.•; HOURS SeCtiond.:::Seetietn10i,-,„::„;-;Park. - GENERALLY: 58 2 of the Cjty of D. Exceptions This person r shall Dubuque E ' 'of section does:net apply - enter:or remain :in"any - Ordinances is amended to:' •_ `; - • park,• "- parkway,• trail; to read asfollows: :1. Serviee • animals open:space, br, Park, -10-5B-2: INTOXICAT- used by persons with and recreation facility ING BEVERAGES:: disabilities; - • other than during the. A. Possession,. Con- 2. As part of , an season and hour8 desig- tuniption, Or.' Use Of approved and permit- - Hated in this section. Alcoholic Liquor, Wine, ted special event under; 8. For thepurpOses of Beer," Or Other Intoxi- 'chapter 4 of this. title; this the cating Beverages' Pro-.; 3. Animals. which are :regtilar. park - season hibited; , part of the Storybook Shell :/,mean from the 1- Thel„,,POSSeSSOn',.: .011 Pettird, -Zoo': -at ;;;;' first Saturday ;in May conSlimption;;Or:ute(of ',FrankliOelane'Roote-?:thrOUgli': the focirth. aleOh-OW liquors ; Wine velt Park and October The and beerap"rdefined-by 4. Animals Within 'pet -park shall be open .chapter 123 of the code ..Eagle POint Park, Mur- year round. Of, Iowa or a_ny,' other '- phy Park ::and Flora -; C.•:Eagle Point Park intoxicating • beverages . Park which r are; 'con- and Louis Murphy Park is prohibited on park fined to an automobile, shall be 'Open for use ' roadways and trails,' in camper,: motor : home, by the public';:from' park and-',- ;recreation- (a.k.a. recreational seven o'clock:_•y(7!"00) faellitY parking lots, ,-Ihiele), or' other similar' A.M..- to- ten o'clock and in vehicle 8 loCated. conveyance during the (10:00):PM; SUr'itlay - Within a park. -1: 1'1'; • entirety of -their time through Thursday, and 2. .The possession, . within' the designated .from - seven o'clock., constimptlom'or use of :park(s), parkway(s), to eleven,: alcoholic lignort-; or open o'clock Land beeras defined by -space(s).- -• . • Friday and i'_,SaiLirdasi chapter 123 of the code - Section 3. Section 1.0.• during the regular park Of: .I6Wa ror any other. ; 5B-5 of the City. of season. intoxicating beverages Dubuque Code of D. Marshall 'Park and • is prohibited ;in :any- 'Ordinances is amended r' the public use area of public , park, , open . to read as follows:. • Franklin Delano Roose- , space, :or park and 10 -5B -E: ACCESS .velt Park shall be open recreation facility un-, ;LIMITED: • :tci the .general, public less specifically • ex- ; No person may from seven o'clock emoted in sUbsection.i3 proceed into or upon (7:00,, A.M. to sunset of this section:- , • Wei -ea • Of any. park,. dailVAUring the' regUlar B.-ExerriptionS: r 'Oaikway,APai I, or Open- ;:rpark4eaSeriP ol ' • 1:-LoCatioriSTEXebibt:„--,9'ntaCe7ITeraearlraftP'::.?„'.'neEtt'',Gel'altrktel":: Subsection ofthis'-hibitOrysigMIS•petted: i.11ViCAleece"r•P10- ar- seotinnrshernet-apPly__ , Section 4 Section 10- Recreation :COMPlex "to : the • possession, 5B-7 of the City' of and -Veterans Memorial only registered camp- ers shall be permitted in;:the area at all other liours, • ..;„; • J. The oftV,inanageror autherVecl ,repreten- tative- shall have the ,authority to close any Or all parks, parkways, 'trails, open '• spaces, park and recreation facilities, park road- ways and park parking lets before scheduled Closing hours at times it is deemed necessary interest-, and safety Of the public.. „ , K. The fellowingfparks Shelf -be, open for use • by the public twenty- four (24) : hours per day: 'Ailiant Energy Ampfik theater' "„, ,:-Anierican Trust Riv- ers'Edga Plaza • ' ..,•;:`436"e -;;Branch Creek Greenway Granger Creek Nature Trail Heritage Trail JayceeTrail Northwest Arterial ; Trail Port of Dubuque RiverVvalk:Trail. powerline Trail Southern Levy Tail' Section 9. Title- 10, Chapter, 5, Article B of the City of Dubuque Code -Of' Ordinances is amended:'-: bY:: 'adding thefollOWing:, •:10-513-.23: WATERS - PORTS, ' SWIMMING, AND WADING. • Se 10-7-13. Section 10. Title en, Chapter 5,' Article. B• of the City Of SOL:600e COde'of: Ordinances is amended ;-,,bV :: adding the folloWhig:.• 10-5B-24:'PROHIBITED ACTIVITIES, SIGNAGE; The city manager is authorized -Co post signage in parks, park- ways, trails, and open paces, or any portions • thereof, - regulating. activities. within the, designated area. failure :to aornplV with: •,signage Shall be a • violation of this code. Section 11. -Section 10- 5C-1 ; of the City of Dubuque Code of Ordinances is amended to read as follows: • 10-5C-1: SPECIFIC PARK. AREAS, OPEN SPACES; ';''AND TRAILS • DESCRIBED: Park descriptions for Parkt; space descriptions 'for open spaces and trail des- criptions for trails will be reviewed ::: on a periodic basis and added, deleted and amended as necessary. Enforcement Of. use ;;regulations will; not be Contingent on. Parks; openi.spaces,,and trails • being specifically listed„ in this sectiOn. ,• • The "following des- cribed parcels of real estate are and will be used for Public park • purposes and will continue to be known as set forth below and placed , under the jurisdiction of the park and recreation advi- sory'cornmitsibn: - • Enerny,Arriphi- 1:411VaterM.Tifewarettoof FAirt. of DuPPlftle West ;. of the Port of Dubnqiie; Ilivervvalk PUO 'AI! P 'Wd. (00:01) 4g93§: 4T!M: 10940604 'AeMoped ')IJed Aue )40:040,0,_ U04_19140 'WV sa 344aA_ Jo3ow 40 110!3 o;U! 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Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7„3• day of , 20./7 . otary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION ' ORDINANCE NO. 24-17. ' AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS -AND PROPERTY, CHAPTER i 7 BOATS, BOATING ' AND • WATERFRONT STRUCTURES, SEC -'1 TION 10-7-13 ACTIV- ITIES PROHIBITED NOW, THEREFORE, BE IT ORDAINED BY 1 THE CITY COUNCIL- '1 OF 'THE ,CITY OF ' DUBUQI E, IOWA: Sectio 1. Section 10- 7-13 of the City of Dubuque Code of Ordinances is amended to readas follows: 10-7-13: PLACES AND HOURS OF'jRESTRIC- TION: -' • A. Waterorts Pro- hibition: - 3" o person shallice1SK to dr"oper- ate a vessel:towing a person or persons on water skis, surfboard or similar device, nor shall- any person 'en-, gage in • waterskiing, Motorized personal watercraft operation, surfboarding , (exclud- ing paddle boarding) or similar activity at any time in the following areas: 1. Bissell Harbor. 2'. Dove Harbor, Seventh Street area. 3: Dubuque Marina Harbor. ' 4 Heron Pond, located within Miller Riverview Park. 5. Ice Harbor includ- ing Port Of Dubuque Marina. 6. John G. Bergfeld Recreation Area. 7. Maus Park. 8. Northwest Arterial Detention Basin. 9. Schmitt•Herber. 10: 16th Street Deten- tion Basin, • 11. 32nd Street Deten- tion Basin Pond(s). ' B. Swimming and Wading: No person shall swim or wade at any time . in the followi ig ai cam. 1: Bee Branch Creek Greenway. 2. Bissell Harbor: 3. Dove.; Harbor, Seventh Street Area. 4: Dubuque Marina Harbor. 5. Heron Pond, located within Miller Riverview Park. 6. Ice Harbor includ- ing 'Port of Dubuque Marina: - 7-. John G. Bergfeld Recreation Area. -8. MausPark. 9. Miller Riverview . Park. 10. Northwest' Arterial - Detention Basin. 11. Port of Dubuque Riverwalk Trail. -12. Rivers Edge Plaza. 13. Schmitt Harbor. 14: 16th .:Street Detention Basin: , 15.32'nd StreetDeten= tion Basin pend(S)1 C. Schmitt -Harbor and Hawthorne Street Boat - Ramps: No person shall swim 1 or 'ice skate - within five •hundred feet (500') 'of' the Schmitt Harbor Boat Ramp and the Haw- thorne Street Boat Ramp. D.. In all other areas - under . the jurisdiction" of the city, no person shall swim,-iceskate or operate a vessel tow- ing a person or persons on water. skis, surf- board or similar device, .nor shall any person ' engage in waterskiing, surfboarding (exclud- ing paddle boarding) or similar activity at any time between, the hours of onehalf.(1/2) aboun=2afte'rissu naebbto f r EIN'ething hereiri0a11 11. prohibit 'access"to the Ice' Harbor ' including the Port of Dubuque Marina for y ial1 useofthe facility.' Section '2.— This Ordinance takes effect 1 upon publication. Passed, approved and adopted, this 15th day of May, 2017. /s/Roy-D. Buol,Mayor -Attest: /s/Kevin5: Firnstahl, City Clerk Published officially in -the Telegraph Herald newspaper pn the 19th day of May, 2017. /s/Kevin S. Firnstahl, City Clerk ' It 5/19