Code of Ordinances Amendment - Tile 10 Use of Personal Cooking Devices/Parks/Trails Copyrighted
October 15, 2018
City of Dubuque Action Items # 4.
ITEM TITLE: Code of OrdinancesAmendment- Tile 10 Use of Personal
Cooking Devices in Parks, Parkways, Trails or Open
S paces
SUMMARY: City Manager recommending approval of an amendmentto
Section 10-5B-17 of the Code of Ordinances to add
language that allows the use of personal cooking devices in
parks, parkways, trails or open spaces. This amendment
will allow the use of portable charcoal and gas grills.
ORDINANCE Amending the City of Dubuque Code of
Ordinances Title 10 Public Ways and Property, Chapter 5
Parks and Recreation,Article B Use Regulations, Section
10-5B-17 Fires
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Amending Ordinance re Fires-MVM Memo City Manager Memo
Staff Memo Staff Memo
OrdinanceAmending 10-5B-17 Fires Ordinance
Suggested Motion Wording Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amending Ordinance Section 10-5B-17 Fires to Add Language Allowing
for the Use of Personal Cooking Devices in Parks, Parkways, Trails or
Open Spaces
DATE: October 9, 2018
Leisure Services Manager Marie Ware recommends City Council approval of an
amendment to Section 10-5B-17 to add language to allow the use of personal cooking
devices in parks, parkways, trails or open spaces. This amendment will allow the use of
portable charcoal and gas grills.
The Park and Recreation Commission supported the amendment at their August 2018
meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen� � �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CTTY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Amending Ordinance Section 10-5B-17 Fires to Add Language Allowing
for the Use of Personal Cooking Devices in Parks, Parkways, Trails or
Open Spaces
DATE: October 8, 2018
INTRODUCTION
The purpose of this memorandum is to amend Section 10-5B-17 to add language
allowing the use of personal cooking devices in parks, parkways, trails or opens spaces.
DISCUSSION
It was brought to the City's attention that the use of portable gas and charcoal grills in
parks was not addressed in ordinance Section 10-5B-17:Fires. Steve Fehsal, Park
Division Manager reached out to the City's Legal Department to clarify the ordinance.
City Attorney Crenna Brumwell modified the ordinance to allow portable charcoal and
gas grills in parks, parkways, trails and open space.
The original language stated that no person shall start any fire in any park or upon any
parkway, trail or open space, except small fires may be made in the places in parks,
parkways, trails or open spaces provided by the City for that purpose.
The new language reads that no person shall start any fire in any park or upon any
parkway, trail or open space, except small fires for cooking, heat or recreation may be
made in the places in parks, parkways, trails or open spaces in accordance with policies
adopted by the City Manager. The additional language allows for the use of portable
cooking devices such as charcoal and gas grills.
The Park and Recreation Commission at their August 2018 meeting finalized the
recommended changes to the ordinance. They unanimously recommend City Council
approval of the attached resolution amending the ordinance.
1
RECOMMENDATION
I recommend approval of the amended ordinance Section 10-5B-17 to add language
allowing the use of personal cooking devices in parks, parkways, trails or opens spaces
based on the facts above.
Prepared by Steve Fehsal, Park Division Manager
Cc Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 41-18
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-17 FIRES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-17 of the City of Dubuque Code of Ordinances is
amended to read as follows:
10-5B-17: FIRES:
No person shall start any fire in any park or upon any parkway, trail, or open space, except
small fires for cooking, heat, or recreation may be made in the places in parks, parkways,
trails, or open spaces in accordance with policies adopted by the City Manager. Every
person who starts or uses any such fire is hereby charged with the duty of completely
extinguishing such fire before leaving the park, parkway, trail, or open space.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 15th day of October 2018.
Attest:
oy D. Buol, Mayor
EFFECT OF AMENDMENT
10-5B-17: FIRES:
No person shall start any fire in any park or upon any parkway, trail, or open space, except
small fires for cooking, heat, or recreation may be made in the places in parks, parkways,
trails, or open spaces in accordance with policies adopted by the City Manager. Every
person who starts or uses any such fire is hereby charged with the duty of completely
extinguishing such fire before leaving the park, parkway, trail, or open space.
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: October 19, 2018, and for which the charge is $14.14.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this _090 day of ‘474.0.0____, 20 /.( .
OFFICIAL.
PUBLICATION
ORDINANCE
NO. 41-18
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES . TITLE
10 PUBLIC WAYS AND
PROPERTY, CHAPTER
5 PARKS AND RECRE-
ATION, ARTICLE 8
USE REGULATIONS,
SECTION °10-58-17':
FIRES
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. Section 10-
58-17 of the City of
Dubuque Code of Ordi-
nances is amended to
read as follows:
10-5B-17: FIRES:
No person shall start
any 'fire in any park or
upon any parkway,
trail, or open space, ex-
cept small fires for
cooking, heat, or recre-
ation may be made in
the places in parks,
parkways, trails, or
open spacesin accor-
dance with policies '
adopted by the City
Manager. Every person
who starts or uses any
such fire is hereby
charged with theduty
df completely extin-
•guishing such fire be
Notary Public in and for Dubuque County, Iowa.
fore leaving the park,
parkway, trail, oropen
space.
Section 2. This ordi-
nance shall take effect
upon publication.
Passed, approved and
adopted this 15th day
of October 2018.
/s/RoyD. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Publishedofficially in
the Telegraph Herald
newspaper on the 19th
day of October 2018.
/s/Kevin S. Firnstahl,
City Clerk
It 10/19
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