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