Loading...
Code of Ordinances Amendment - Title 10 Open Season and Hours for Certain Recreational Facilities Copyrighted July 2, 2018 City of Dubuque Action Items # 6. ITEM TITLE: Code of Ordinances Amendment- Title 10 Open Season and Hours for Certain City Recreational Spaces SUMMARY: City Manager recommending adoption of an ordinance which prohibits camping in all parks, parkways, trails, and open spaces, except Miller-Riverview Park, unless approved by the City Manager or through a special events permit. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-22 Open Season and Hours Generally SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Open Season and Hours Generally-NNM Memo City Manager Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 10-5B-22 — Open Season and Hours Generally DATE: June 26, 2018 City Attorney Crenna Brumwell is recommending adoption of an ordinance which prohibits camping in all parks, parkways, trails, and open spaces, except Miller- Riverview Park, unless approved by the City Manager or through a special events permit. With the recent updates to ordinances on park hours allowing for some parks to be open 24 hours a day, it is necessary to clarify when and where camping is allowed in City parks. The Parks and Recreation Commission reviewed this ordinance at their June 12, 2018 meeting and recommended City Council approval. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager THE CITY OF UB E MEMORANDUM Masterpiece on fhe Mississippi CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: June 22, 2018 RE: 10-5B-22 — Open Season and Hours Generally With the recent updates to ordinances on park hours allowing for some parks to be open twenty-four (24) hours a day, it is necessary to clarify when and where camping is allowed in City parks. Attached is an ordinance which prohibits camping in all parks, parkways, trails, and open spaces, except Miller-Riverview Park, unless approved by the City Manager or through a special events permit. The Parks and Recreation Commission reviewed this ordinance at their June 12, 2018 meeting and recommended City Council approval. I recommend that the ordinance be submitted to the City Council for consideration. Please let me know if you need further information. Thank you. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 23-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGULATIONS, SECTION 10-5B-22 OPEN SEASON AND HOURS GENERALLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-22 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. No person shall enter or remain in any park, parkway, trail, open space, or park and recreation facility, other than during the season and hours designated in this section. B. For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year round. C. Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday, and from seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. Friday and Saturday during the regular park season. D. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00) A.M. to sunset daily during the regular park season. E. Gerald "Red" McAleece Park and Recreation Complex 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) P.M. daily, and only registered campers shall be permitted in the area at all other hours. J. The City Manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. K. The following parks shall be open for use by the public twenty four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail L. Camping. Camping is authorized in Miller -Riverview Park in accordance with city policies and procedures. Camping is prohibited in all other parks, parkways, trails, and open spaces unless approved, in writing by the City Manager or through a special events permit issued under Title 10, Chapter 4 of this code. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 2nd day of July, 2018. Attest: Kev)r S. Firnstahl, City Clerk Roy D. Buol, Mayor EFFECT OF AMENDMENT 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. No person shall enter or remain in any park, parkway, trail, open space, or park and recreation facility other than during the season and hours designated in this section. B. For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year round. C. Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday, and from seven o'clock (7:00) A.M. to eleven o'clock (11 :00) P.M. Friday and Saturday during the regular park season. D. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00) A.M. to sunset daily during the regular park season. E. Gerald "Red" McAleece Park and Recreation Complex 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) P.M. daily, and only registered campers shall be permitted in the area at all other hours. J. The City Manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park roadways and park parking lots before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. K. The following parks shall be open for use by the public twenty four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail L. Camping. Camping is authorized in Miller-Riverview Park in accordance with city policies and procedures. Camping is prohibited in all other parks, parkways, trails, and open spaces unless approved, in writing by the City Manager or through a special events permit issued under Title 10, Chapter 4 of this code. Suggested Motion Wording for Ordinances - Motion B / Motion A Motion B I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. Second & vote called; then: Motion A I move final consideration and passage of the Ordinance. Second & vote called If Motion B does not pass: I move to receive and file the communications and I move first (or second) consideration of the Ordinance. Upon third reading: I move final consideration and passage of the Ordinance. 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: July 6, 2018, and for which the charge is $52.44. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this 7/ day of , 20 /8" . otary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION use bythe Uu6iic Pool shall be openfor• J. The City Manager or' ORDINANCE 23-18 from authorized representa AMENDING CITY OF- DUBUQUE CODE OF I, six o'clock (6:00) A.M.'tive shall have the au- ORDINAN CES TITLE to teO"'°'°1°ck' (10:00) tPritahlinYartk%,c)?parenyrkawavosr, roloRoPpuLTILIcy,INCANYAsplzio4 tPh.Mro.u'gh AduagiloYS•i.. • June trails, open spaces, ' 5 PARKS ANDA RECREr H. The following par k and recreation fa- ' ATIDNi• parks, parkways, trails, cfirties, Parkroadways USE.•—Rgd(Ji-.AtioNs, open spaces, and park and park parking lots , , SECTION'' ',.1075*-ing hours at times it is ties will be open for , and recreation facili- , before scheduled. dos OPEN - HOLJA5:0ENEVAiiiget&k.i use by the public from deenio'd necessary in seven o'clock (7:00) the interest and safety • IT ORDAINED BY THE A.M. to ten o'clock of the public. , CITY COUNCIL OF THE (10:00) P.M. daily, un- K. The following parks ; CITY OF DUBUQUE, 1 less alternate/extend- shall be open for use IOWA: , ed times/hours havei section 1. Section 10- been approved through i fou-( SB-22 of the , city of a special event permit AlTi6leligplefdaYi rritr Energy Am' DLIbuclue cede of -prob. or conditions of a City phitheater nancesr,is-,artridOCI to rental reservation: American Trust, readastf011i.W4l--.';,T.',.'d'44;;,', A.Y. McDonald Park River:s Edge Plaza.- Allison-Henderton Bee -Branch CreekSON Al'D HOURS GEN- Park , • 'dreeriWay 6-•• •••'' ' Avon Park ., , l• - Grander Creek Nature A.,NolPertenshall en Burden Park, r• Trail • tel.;.Or- remain in„.:any '1 Caledonia Park 11' Heritage Trail Park, parkway, trail, Cancer Survivor Park. Jaycee Trail open space, or•'park center, Grove, open • Northwest Arterial and recreation fadlity 1 space. 4 ,4 , Trail other;s4-aol-,•'•OUrflid-dtlia. ClevelancfPaik , , Port of Dubuque season and hours des- i Comiskey Park Rly90,y4Traii,.• igrlated in this section. ;, Eagle Valley Park 1',PoWerlineIraV•'•;it;•.-k B. For thepurposesof Elmwood Green ParkSouthernLevy Trailthis section, the egu- Falk•Park' ,• I 1`,#44.earnPin'''Cappind lar,, perk,If, shal Flat Irort. Park _ authoi'i2ed In MJ! Mean •,•'4rpih the first ' Flora Park ' Saturday '0 MayGay Park ddrdariCa:Withpoli- throughthe foLir01 Sun- 1 Grant Park •cies nd Orticpdures.-' ,,..daYAOetOber.,The.".pbt, , Harvest View Park Camping is proJJibite! nark Shall be open Yeaj., - Flill,c,rest,park., • in al fothar parks,'.pifk=” ' HilItop Park waYS,---"trails,' and ober'', C. Eagle'point 'Park l ice Harbor Park r r sPaces..; and, Lou is Murphy Park Jackson Park proved, in writthg by shallkbe'74011," for,.use Jefferson Park IC.the City. ,Ma,Oager,. or by the pgbliclrom se \"•/- John G. Bergfeld through aispacjalen o'clocl (7-00)-' A.M.-Recreation Area eVentS Perrilit'IS'Snett to en o'clock (10:00) Madison Park . • --under Title 10, Chapter P.M. Sund8 throughMarna Ridge Chil- 4 of this code., dren'S. Forest, • ",•• '‘Section 2Thisordi - seven 'oeocR (7,0"b Medical,,,AssOciatet , nance shall take Greenbelt • 4 r upon publication. • t1110r day 464, Oakwood' Park , . Passed,. approved, and SatUrday, "rt:6 Pet Park adObtedthiS2nd0aN'df regular park'season..,„, Pinard Park • Jly, 2018. Drrr' Pa-lc:arid • Port of Mari- -I'd 'YS'iTtby-b.'11661','MayOr r the:ocibli,c,use.larek: Ofna' - • Attest: /s/Kevin S. Frariklin Delano ' r P at g o rs 1('Pr k r Firnstahl, City Clerk sevelt Parkshallbe Riley Park • ,,„ --,.,,,PUblisfiedLoffically, in open • to., the ;'general Rocco Buda Jr. Park..Ctle:.;',TeledraiiK,,Heraldr, public froseven 00- SouthernPark • -',neWtpaper:ion,•'The"6th' cloc,k (7:00) A.M. to Teddy Bear Park .oloy9fPuly;"248. , /sKev rl • ' sunset daily during-the Trolley Line Trail rnstabi,, regular park season. Usha Park City Clerk E. Gerald 'Red" Valentine Park MCAleece,,, Park • and Valley High Park • • -• r Recreation 'Complex Waller-Cooper Park and Veterans Memorial Washington Park Park shall be open for Welu Park use by the public from Westbrook Park seven - o'clock ' (7:00), I. Miller-Riverview A.M. to twelve oltlock • Park shall be open for (12:00) midnight daily. use by the public from F. Bunker Hill Golf • seven o'clock (7:00) ffroormuses Course :shall be open , A.M. until ten o'clock obvyoothe public ' (10:00) P.M. daily, and o'clock only registered camp; (7:00) . A.M. to eleven ers shall be permitted O'clock- r(11:00) P.M. in the area at ,all other daily, March through hours. November. G. Flora Park Swim- ming Pool and Nicholas J. Sutton Swimming