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
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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 $31.61.
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