Alcoholic Beverages on Leisure Services PropertyMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Alcoholic Beverages on Leisure Services Property
DATE: October 26, 2010
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Assistant City Attorney Crenna Brumwell, Leisure Services Manager Marie Ware, Chief
of Police Mark Da!sing and Neighborhood Development Specialist Jerelyn O'Connor
recommend a change to the City ordinance that allows and /or prohibits alcoholic
beverages in City parks. The current City ordinance only prohibits the consumption or
use of alcohol, wine and beer with some exceptions. There is no provision for
possession in a park. The proposed ordinance would prohibit the possession,
consumption or use of alcoholic liquors, wine and beer or any other intoxicating
beverages in any public park or park and recreation facility, with the following
exemptions:
a. Alliant Energy Amphitheater events for which a special events permit has
been issued;
b. American Trust River's Edge Plaza events for which a special events
permit has been issued;
c. A.Y. McDonald Park;
d. Bunker Hill Golf Course;
e. Eagle Point Park;
f. Flora Park;
g. Four Mounds Park as approved by the Four Mounds Foundation;
h. John G. Bergfeld Recreation Area;
i. Marshall Park as approved by the Dubuque Arboretum Association, Inc.;
j. McAleece Park and Recreation Complex;
k. Miller Riverview Park;
I. Mississippi Riverwalk events for which a special events permit has been
issued;
m. Murphy Park;
n. Veterans Park; and,
o. Any other park with the prior written approval of the city manager.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
Mark Dalsing, Chief of Police
Jerelyn O'Connor, Neighborhood Development Specialist
Marie Ware, Leisure Services Manager
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
Discussion
MEMORANDUM
- Lc
DATE: October 25, 2010
RE: Alcoholic Beverages on Leisure Services Property
Introduction
Late this summer I was approached by the Community Oriented Police (COP) unit
regarding the City ordinance which allows and /or prohibits alcoholic beverages in City
parks. The COPs located a number of beer and hard liquor bottles in Jackson Park
over the summer. The containers were sometimes in brown paper bags and were
occasionally near a patron's feet and other times empty or discarded.
The current City ordinance only prohibits the consumption or use of alcohol, wine, and
beer with some exceptions. There is no provision for possession in a park.
The discussion related to this matter involved me, representatives from the Police
Department, Jerelyn O'Connor, Neighborhood Development Specialist, and Marie
Ware, Leisure Services Director. The COPs and Park Patrol believe that adding a
provision related to possession will better allow the Police Department and Park Patrol
to limit possession, use, and consumption in the parks.
As a group we reviewed the current ordinance and looked at other updates which may
be necessary. The current ordinance lists parks where consumption and use is
prohibited. With the ongoing addition of parks the group discussed the idea of
modifying this provision of the ordinance to list the areas where the possession, use,
and consumption is allowed. This will result in fewer changes to the ordinance in the
future with the ongoing addition of new parks. A change would only be necessitated if
the City Council opted to allow possession, use, or consumption in the new park.
Additional changes were also discussed and included a prohibition of possession, use
or consumption on recreational trails, in vehicles within parks, and in parking lots
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
associated with facilities managed by the Leisure Services Department, as well as the
addition of Bergfeld Recreation Area to the list of parks where alcohol is allowed.
The parks listed in the recommended ordinance are the park areas that many
community special events are held, the parks with reservable shelters that are used for
gatherings, the parks and areas where Leisure Services offers beverages for sale, and
the campground. Bergfeld Recreation area was added as fishermen will often bring a
small cooler with during their time at the pond.
The Parks and Recreation Commission at their October meeting reviewed and
approved the proposed changes to the ordinance as you see it attached.
Recommendation
am attaching the following:
1. The current ordinance which lists parks within the city; and,
2. A clean version of the ordinance which, as you can see, retains the
provision giving you the discretion to allow possession, use, or consumption
outside of the ordinance parameters. This includes the effect of amendment
which shows the changes we suggest.
This proposed ordinance change is recommended for your approval by Marie Ware,
Leisure Services Manager, Mark Dalsing, Chief of Police, Jerelyn O'Connor,
Neighborhood Development Specialist, and myself.
If you have any, questions please let me know; I will do my best to answer them or work
with the Police Department and Leisure Services Department to do so. Thank you.
Attachments
cc: Mark Dalsing, Police Chief
Jerelyn O'Connor, Neighborhood Development Specialist
Marie Ware, Leisure Services Manager
Captain Kevin Klein
Lieutenant Jeremy Jensen
Corporal Travis Kramer
A.Y. McDonald
park:
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "A.Y. McDonald park" and placed under the jurisdiction of the park and recreation advisory
commission:
Blocks 1, 2, 3, 4 and 5 in River Front Subdivision No. 3.
Alliant Energy
Amphitheater
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Alliant Energy Amphitheater and placed under the jurisdiction of the park and recreation
advisory commission:
The area of the Port of Dubuque west of the Mississippi Riverwalk, south of the railroad tracks east of Bell Street, and
adjacent to the former Dubuque Star Brewery.
Allison- Henderson
park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Allison- Henderson park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Subdivision in the city of Dubuque, Iowa.
American Trust
River's Edge
Plaza
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as the "American Trust River's Edge Plaza" and placed under the jurisdiction of the park and
recreation advisory commission:
That area, including the flat area, steps and ramp, outside the floodwall at the Port of Dubuque at the south end of the
Mississippi Riverwalk.
Avon park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Avon park" and placed under the jurisdiction of the park and recreation advisory commission:
Lots 6 through 10 of Mary Ann McDaniel's Subdivision of parts of Lots 823 and 824 of A. McDaniel's Subdivision in the city
of Dubuque, Iowa.
Bunker Hill golf
course
The following described parcel of real estate is and shall be continued to be known, called and named as "Bunker Hill golf
course" and placed under the jurisdiction of the park and recreation advisory commission:
Part of Lot 2 in Highland Farms Addition; Lot 16 in Pfohl's Subdivision; Mineral Lots 189, 200, 201, 202, 210, 270, 336 and
370, and parts of Mineral Lots 190, 265 and 340, all in the city of Dubuque, Iowa.
Burden park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Burden park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot 1 of Lot 1 of Lot 3 northeast quarter, Section 13, Township 89 North, Range 2 East in the city of Dubuque, Iowa.
Caledonia park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Caledonia park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot 38 of Kelly's Subdivision in the city of Dubuque, Iowa.
Cleveland park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Cleveland park" and placed under the jurisdiction of the park and recreation advisory
commission:
South two- thirds of city Lot 695 and Lots 35, 36, 37 and east 20 feet of Lot 38 of Union Addition in the city of Dubuque,
Iowa.
Comiskey park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Comiskey park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lots 1 through 23, Lots 24 through 46 and the intervening alley in Boulevard Addition of the city of Dubuque, Iowa.
E.B. Lyons
Prairie/
Woodland
Preserve:
A. The following described real estate is hereby placed under the control of the jurisdiction and management of the park and
recreation advisory commission of the city:
Lots 2 and 3 of the northeast one - quarter of the southeast one - quarter of section 1, township 88 north, range 2 east of fifth
prime meridian; Lots 2 and 3 of the northwest one - quarter of the southwest one - quarter, Lots 2 and 3 of the northeast one -
quarter of the southwest one - quarter, and Lot 2 of Lot 1 of the southwest one - quarter of the southwest one - quarter; of
section 6, township 88 north, range 3 east of the fifth prime meridian in Dubuque County, Iowa, according to the respective
recorded plats thereof.
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10 -5C -1: SPECIFIC PARK AREAS DESCRIBED:
ARTICLE C. SPECIFIC PARKS
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B. Such real estate shall be known, called and named as the "E.B. Lyons Prairie/Woodland Preserve" and accordingly such
real estate is so permanently named.
Eagle Point park
and Ham House
Museum
The following described parcel of real estate is and shall be continued to be known, called and named as "Eagle Point park"
and includes the land upon which the Ham house museum is situated and placed under the jurisdiction of the park and
recreation advisory commission:
Lot 1 through Lot 7 in Berendes Subdivision; Lot 2 in Chris Braun's Place; Lot 1 of Lot 1 of Lot 2 of Lot 2A in Clark's
Subdivision; Lot 2 of Lot 1, Lot 2 of Lot 1 of Lot 1, and Lot 2 in Eagle Point View; Lot 2 of Lot 6, Lot 2 of Lot 1 of Lot 6, and
Lot 107 through Lot 124 in Fountain Hill Resubdivisions; Lot 529 through Lot 534 in Ham's Addition; Lot 503 through Lot
515 in Ham's Addition (Eagle Point); Lot 2 of Lot 221, Lot 1 of Lot 222, Lot 223 and Lot 224 in Julien Addition; Lot 1 of Lot 6
in Katherine Place; Lot 2 of Lot 1 of Lot 1 of Lot 1 in Potter Place; Lot 1 through Lot 10 in Potter's Shiras Avenue Place; Lot
1 of Lot 2 of Lot 2 of Lot 3 and Lot 2 of Lot 3 in Shiras Subdivision; and parts of Mineral Lots 305A, 308, 309A, 310, 311 and
312, all in the city of Dubuque, Iowa.
Eagle Valley park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Eagle Valley park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot C of Block 3 of Eagle Valley Subdivision.
Elmwood Green
park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Elmwood Green park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot 2 -2 -2 of Mineral Lot 349 in the city of Dubuque, Iowa.
Falk park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Falk park" and placed under the jurisdiction of the park and recreation advisory commission:
Lot 23 in Falks Subdivision in the city of Dubuque, Iowa.
Flat Iron park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Flat Iron park" (Phoenix) and placed under the jurisdiction of the park and recreation advisory
commission:
A triangularly shaped area bounded on the easterly side by Main Street, on the southerly side by Jones Street and on the
westerly side by Shields Street.
Flora park
Except for the appurtenant easements of right of way and a strip along Pennsylvania Street twenty feet (20') in width, the
following real estate in the west end of the city:
Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of 4 of Mineral Lot 260; Lot 2
of 2 of Mineral Lot 259; Lot 1 of 2 of Mineral Lot 259; Lot 1 of 1 of 1 of 1 of 1 of 2 of J.P. Metel's Subdivision is hereby set
apart as a public park to be known as "Flora park" under the jurisdiction and control of the park and recreation advisory
commission.
Four Mounds
The following described parcels of real estate shall be used for public park purposes and shall be hereinafter collectively
known, called and named "Four Mounds ":
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of Lot 1, both of the Subdivision of: "Lot 1 of Lot 7 of the
southwest one - quarter of Section 1, the southwest one - quarter of the northwest one - quarter of Section 1 and Government
Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range 2 East of the fifth principal meridian ". Lot 2 of the
northwest one - quarter of the northwest one - quarter of Section 1, Township 89 North, Range 2 East of the fifth principal
meridian, all in the city of Dubuque, Iowa, and Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque Township, and
Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Section 2, both in Township 89 North, Range 2 East of the fifth principal meridian,
according to the United States Government Survey and the recorded plats thereof, subject to easements of record.
Franklin Delano
Roosevelt park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Franklin Delano Roosevelt (FDR) park" and placed under the jurisdiction of the park and
recreation advisory commission:
Lot 1 of the west half of the northeast one - quarter of Section 4, Township 88 North, Range 2 East of fifth principal meridian
in Dubuque County, Iowa and Mineral Lots 272 and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274, and Lot 1 of
Mineral Lot 276 in Dubuque Township, Dubuque County, Iowa.
Gay park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Gay park" and placed under the jurisdiction of the park and recreation advisory commission:
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in Young Primrose Place and Lots 3 and 4 in Grommersch Place, all in the
city of Dubuque, Iowa.
Gerald "Red"
McAleece park
and recreation
complex
The following described parcel of real estate commonly referred to as "area C ", "Hamm Island ", and "City Island" shall be
hereinafter known, called and named as "Gerald 'Red' McAleece park and recreation complex ":
Those portions of Mineral Lots 294, 295, Lots 1 and 2 of 296, 297, 298, 299 and 300 and Govemment Lot 1, located in
Sections 17, 18, 19 and 20, Township 89 North, Range 3 East in the city of Dubuque, Dubuque County, Iowa, and bounded
by Lake Peosta Channel and the Mississippi River.
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Granger Creek
nature trail
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Granger Creek nature trail" and placed under the jurisdiction of the park and recreation
advisory commission:
Area surrounding Dubuque Technology Park at corner of Highways 151/61 and Lake Eleanor Road.
Grant park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Grant park" and placed under the jurisdiction of the park and recreation advisory commission:
A triangularly shaped area bounded on the easterly side by Locust Street, on the westerly side by Bluff Street, and on the
southerly side by Fifteenth Street.
Harvest View park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Harvest View park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot A of Harvest View Estates First Addition.
Heritage trail
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Heritage trail" and placed under the jurisdiction of the park and recreation advisory
commission:
A linear piece of property from 22nd to 32nd Streets along Elm Street, in the city of Dubuque, Iowa.
Hillcrest park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Hillcrest park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot 1 of Lot 4 of Mineral Lot 261 in the city of Dubuque, Iowa.
Hilltop park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Hilltop park" and placed under the jurisdiction of the park and recreation advisory
commission:
West one -half of Lot 1 of the south one -third of Lots 34 and 35; west 127 feet and 6 inches of Lot 1 of Lot 2 of the south one
-third of Lots 34 and 35; west one -half of Lot 2 of Lot 2 of the south one -third of Lots 34 and 35; west one -half of the north
one -half of Lot 36; west one -half of the south one -half of Lot 36; west one -half of Lot 2 of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot
2 of Lot 2 of Lot 1 of Lot 37 all in Kelly's Subdivision in the city of Dubuque, Iowa.
Ice Harbor park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Ice Harbor park" and placed under the jurisdiction of the park and recreation advisory
commission:
The area of the Port of Dubuque between the Portside Building and the National Mississippi River Museum and Aquarium.
Jackson park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Jackson park" and placed under the jurisdiction of the park and recreation advisory
commission:
An area bounded on the westerly side by Main Street, on the southerly side by Fifteenth Street, on the easterly side by Iowa
Street and on the northerly side by the south property line of city Lot 746 of the original township, all in the city of Dubuque,
Iowa.
Jefferson park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Jefferson park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lots 38, 39, 40 and east 21 feet of Lot 41 of Farley's Subdivision in the city of Dubuque, Iowa.
John G. Bergfeld
recreation area
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "John G. Bergfeld recreation area" and placed under the jurisdiction of the park and recreation
advisory commission:
Lot C of the Dubuque Industrial Center West.
Louis Murphy park
The following described parcel of real estate is and shall be continued to be known, called and named as "Louis Murphy
park ", also formerly known as "Grandview park ", and placed under the jurisdiction of the park and recreation advisory
commission:
That part of Lots 1, 2 and 4 of Mineral Lot 37 lying southerly of Highway 61; that part of Lots 1, 2, 3, 4 and 5 of O'Connor's
Subdivision lying southerly of Highway 61; westerly 42 feet of Lot 2 and the westerly 42 feet of Lot 2 of Lot 15 in Summer
Hill Addition; Lots 14, 15, 16 and 17 in Rowan's Addition; Lot 1 of Lot 1 of the subdivision of Mineral Lot 36A; Lot 1 of Lot 2
of Mineral Lot 38; and that part of Lot 6 and all of Lots 7, 8, 9, 10, 11, 12 and 13 lying easterly of Highway 61, all in the city
of Dubuque, Iowa.
Madison park
The following described parcel of real estate is and shall be continued to be known, called and named as "Madison park"
and placed under the jurisdiction of the park and recreation advisory commission:
Lots 32, 33, and 34 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; Lot 5 of the Subdivision of Lot 674
in L.H. Langworthy Addition; Lot 1 of Lot 2 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; Lot 3 of Lot 3
of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; and two (2) unnumbered Lots lying between Lots 677
and 678 in L.H. Langworthy Addition, all in the city of Dubuque, Iowa.
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Mama Ridge
children's forest
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Marna Ridge Children's Forest" and placed under the jurisdiction of the park and recreation
advisory commission:
Lot A of Lot B, Block 1 of Mama Ridge Estates 2, as comprised of Mildreds Addition in the city of Dubuque, Iowa.
Marshall park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Marshall park" and placed under the jurisdiction of the park and recreation advisory
commission:
Northwest one - quarter of the southeast one - quarter of the southwest one - quarter of Section 10, Township 89 North, Range
2 East of the fifth principal meridian according to the United States Government Survey thereof, and the southwest quarter
of the southwest quarter of Section 10, Township 89 North, Range 2 East of the fifth principal meridian according to the
United States Government Survey thereof, also right -of -way over the westerly 20 feet of Lot 1 of the subdivision of Lot 1 of 1
of 1 of Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386 and Lot 2 of Mineral Lot 380 according to the recorded plats thereof, all
in the city of Dubuque, Iowa.
Medical
Associates
greenbelt
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Medical Associates greenbelt" and placed under the jurisdiction of the park and recreation
advisory commission:
Lot 11 of Medical Associates Subdivision in the city of Dubuque, Iowa.
Miller- Riverview
park
The following described parcel of real estate is and shall be known, called and named as "Miller- Riverview park" and placed
under the jurisdiction of the park and recreation advisory commission:
That part of Chaplain Schmitt Memorial Island located northerly of the Dubuque greyhound racing facility and easterly of the
wetlands area extending easterly an average of approximately four hundred (400) feet more or less to the Mississippi River.
Mississippi
Riverwalk
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Mississippi Riverwalk" and placed under the jurisdiction of the park and recreation advisory
commission:
The walkway on the floodwall between the American Trust River's Edge Plaza and the Alliant Energy Amphitheater.
Nicholas J. Sutton
swimming pool
The following described parcel of real estate is and shall be continued to be known, called and named as "Nicholas J.
Sutton swimming pool" and placed under the jurisdiction of the park and recreation advisory commission:
Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333 in Ham's Addition; that part of vacated Garfield Avenue lying adjacent to
Lots 45, 46, 331 and 332 in Ham's Addition; that part of vacated Summer Street lying adjacent to Lots 44, 45, 46, 47, 48,
331, 332 and 333 in Ham's Addition; and that part of the vacated alley lying adjacent to Lots 46 and 47 in Ham's Addition,
all in the city of Dubuque, Iowa.
Oakwood park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Oakwood park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot 2 Oakwood Park Subdivision and Lot 1 of Lot 1 of Lot 1 of Heim Subdivision, both in the city of Dubuque, Iowa.
Park Tree Fami
The following described parcel of real estate is and shall be continued to be known, called and named as "Park Tree Farm"
and placed under the jurisdiction of the park and recreation advisory commission:
Lots 503 and 515 in Ham's Addition of the city of Dubuque, Iowa.
Pet park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Pet park" and placed under the jurisdiction of the park and recreation advisory commission:
Area on North Grandview Avenue, east of the Bunker Hill golf course and south of the water department pumping station.
Pinard park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Pinard park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lots 138, 139 and 140 in Glendale Addition No. 2 in the city of Dubuque, Iowa.
Pyatigorsk park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Pyatigorsk park" and placed under the jurisdiction of the park and recreation advisory
commission:
Area located at the northeast corner of Sixteenth Street and Kerper Boulevard, west of the Jaycees trail and south of the
Highway 151 Bridge.
Riley park:
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Riley park" and placed under the jurisdiction of the park and recreation advisory commission:
Lot E of Crescent Heights Subdivision.
Rocco Buda Jr.
park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Rocco Buda Jr. park" and placed under the jurisdiction of the park and recreation advisory
commission:
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Lot 1 of 1 of 1 of 810 A. McDaniels Subdivision.
Southern park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Southern park" and placed under the jurisdiction of the park and recreation advisory
commission:
Beginning at the NW Comer of Lot 1 of said John Breakey's Addition; thence S46 °22314'W, 315.98 ft., along the
Northwesterly line of said John Breakey's Addition; thence S81 °01 12.72 ft.; thence S38 °47 64.04 ft.; thence
S51 ° 12 1 /4'W, 46.36 ft.; thence N38 °473/4'W, 78.87 ft.; thence S68 °57 111.56 ft.; thence S35 °45'W, 84.25 ft.; thence
S42 °39'E, 218.28 ft.
Teddy Bear park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Teddy Bear park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot 1 of Block 19, Sunnyslopes Estates in the city of Dubuque, Iowa.
Usha park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Usha park" and placed under the jurisdiction of the park and recreation advisory commission:
Lot 1 of Lot 2 of Lot 1 of Byrnes Subdivision in the city of Dubuque, Iowa.
Valentine park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Valentine park" and placed under the jurisdiction of the park and recreation advisory
commission:
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.
Valley High park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Valley High park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337 and Lot 5 in Wiegand's Subdivision, all in the city of Dubuque, Iowa.
Veterans'
Memorial park
The following described parcel of real estate is and shall be continued to be known, called and named as "Veterans'
Memorial park" and placed under the jurisdiction of the park and recreation advisory commission:
Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of Mineral Lot 383, Mineral Lot 384 and part of Lot 1 of Lot 1 of Lot 2 of
Mineral Lot 385 lying south of Thirty Second Street, all in the city of Dubuque, Iowa.
Waller- Cooper
park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Waller- Cooper park" and placed under the jurisdiction of the park and recreation advisory
commission:
Lots 26, 27 and 28 in Cooper Heights Addition in the city of Dubuque, Iowa.
Washington park:
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Washington park" and placed under the jurisdiction of the park and recreation advisory
commission:
An area bounded on the northerly side by West Seventh Street, on the westerly side by Bluff Street, on the southerly side
by West Sixth Street, and on the easterly side by Locust Street.
Welu park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Welu park" and placed under the jurisdiction of the park and recreation advisory commission:
Lot 22 of Sunset Park Eighth Addition to the city of Dubuque, Iowa.
Westbrook park
The following described parcel of real estate is and shall be used for public park purposes and shall be continued to be
known, called and named as "Westbrook park" and placed under the jurisdiction of the park and recreation advisory
commission:
Approximately three (3) acres within Lot A, Block 1 of Westbrook Subdivision.
Sterling Codifiers, Inc.
Page 5 of 5
(Ord. 54 -06, 7 -5 -2006)
http: / /www. sterlingcodifiers. com /codebook/getBookData.php ?id= &chapte... 10/25/2010
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 58-10
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 -2 INTOXICATING BEVERAGES BY PROHIBITING
THE POSSESSION, CONSUMPTION, OR USE OF ALCOHOLIC LIQUOR, WINE,
BEER, OR OTHER INTOXICATING BEVERAGES ON PARK ROADWAYS AND
RECREATIONAL TRAILS, IN PARK AND RECREATION FACILITY PARKING LOTS
AND VEHICLES WITHIN A PARK, AND IN PARKS, UNLESS SPECIFICALLY
EXEMPTED OR PERMITTED
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 recreational 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 or park and recreation facility unless
specifically exempted in Subsection B.
B. Exemptions:
At - st:
1. Subsection A(2) 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;
b. American Trust River's Edge Plaza events for which a special
events permit has been issued;
c. A.Y. McDonald Park;
d. Bunker Hill Golf Course;
e. Eagle Point Park;
f. Flora Park;
g. Four Mounds Park as approved by the Four Mounds Foundation;
h. John G. Bergfeld Recreation Area;
Marshall Park as approved by the Dubuque Arboretum Association,
Inc.,
j. McAleece Park and Recreation Complex;
k. Miller Riverview Park;
Mississippi Riverwalk events for which a special events permit has
been issued;
m. Murphy Park;
n. Veterans Park; and,
o. Any other park with the prior written approval of the city manager.
2. Subsection A 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 B(1).
3. Keg Beer: Notwithstanding Subsection B(1), 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. This Ordinance shall take effect on publication.
Passed, approved and adopted the lst day gf November , 2010.
Jeanne F. Schneider, City Clerk
Roy D. B7ol, Mayor
l� 0
EFFECT OF AMENDMENT
10 -5B -2: INTOXICATING BEVERAGES:
A. Possession, Consumption, Or Use of Alcoholic Liquor, Wine, Beer, Or Other
Intoxicating Beverages Prohibited; Exceptions:
1. The possession, consumption, or use of "alcoholic liquors", ef ", and
beer as defined by GChapter 123 of the code of Iowa or any other intoxicating
beveragestypc of wine product is prohibited in any public park or park and
on park roadways and recreational trails, in park and
recreation facility and parking lots, and in vehiclessafs 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 or park and recreation facility unless
specifically exempted in Subsection B.
B. Exemptions:
1. This sSubsection A(2) shall not apply, however, to the possession,
consumption, or use of alcoholic liquors,_—Gr—wine, beer, or other intoxicating
beverages at:
i'cucd.
Four Mounds Foundation, or at public events sponsored by nonprofit
organizations held at the American Trust River's Edge Plaza or the Mi-siscippi
B. Beer Consumption Restricted: The consumption of becr on any
park roadway or parking lot or in cars is prohibited at all times.
C. Keg Beer: Where the use or consumption of beer is permitted, no
beer in containers commonly referred to as "keg beer" shall be permitted at any
time cxccpt by a licensed holder of a beer permit who has obtained a permit from
D.
Becr Prohibited In Certain Parks:
1. The consumption or use of beer is prohibited in the following
named parks:
a. Alliant Energy Amphitheater events for which a special events
permit has been issued;
Allison Henderson park
b. American Trust River's Edge Plaza events for which a special
events permit has been issued;
c. A.Y. McDonald Park;
d. Bunker Hill Golf Course;
e. Eagle Point Park;
f. Flora Park;
q. Four Mounds Park as approved by the Four Mounds Foundation;
h. John G. Bergfeld Recreation Area;
Marshall Park as approved by the Dubuque Arboretum Association,
Inc.,
j. McAleece Park and Recreation Complex;
k. Miller Riverview Park;
Mississippi Riverwalk events for which a special events permit has
been issued;
m. Murphy Park;
n. Veterans Park; and,
o. Any other park with the prior written approval of the city manager.
2. Subsection A shall not apply to the transporting of closed containers of
intoxicating beverages on park roadways, in park and recreation facility parking
lots, in vehiclescars located within the park, and the public parks and park and
recreation facilities listed in Subsection B(1).
rk
Burden park
Cancer Survivor park
Cleveland park
Comiskey park
E.B. Lyons Prairie/Woodland Preserve
Eagle Valley park
Elmwood Green park
Falk park
Flat Iron park
Gay -park
Granger Creek nature trail
Grant park
Harvest View park
Hcritage trail
Hillcrcst park
Hilltop park
Ice Harbor park
Jackson park
Jefferson park
Marna Ridgc children's forest
1,4 • _
1,
•
Nicholas J. Sutton swimming pool
Pct park
Pinard park
Pyatigorsk park
Riley park
Rocco Buda Jr. park
Southern park
Teddy Bear park
Usha park
Valentine park
Valley High park
Waller Cooper park
Washington park
Wclu park
Westbrook park
2. This subsection shall not apply, however, to thc consumption or use of beer at
public events sponsored by nonprofit organizations held at thc American Trust
River's Edgc Plaza or thc Mississippi Rivcrwalk and for which a special events
•
which a special events permit has been issued.3. Keg Beer: Notwithstanding
Subsection (B)(1), 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.
3. This subsection shall also not apply to thc consumption or use of bccr in a park
City Council
Dubuque, Iowa
Dear City Council Members,
I'm writing regarding the second action item on the agenda for the November 1, 2010 City
Council Meeting. You are being asked to approve an amendment to Dubuque Code of
Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B
Use Regulations, Section 10 -5B -2. You no doubt know that the Park and Recreation Advisory
Commission approved this amendment, but I wish to explain why I voted against the
amendment at our last commission meeting.
Although I am certainly in favor of prohibiting the possession of alcohol in our parks, I find the
list of parks exempt from such restrictions to be problematic. There is no single set of criteria
that can be applied that explains why some parks are on the list of those exempted, and why
some parks are not. Subsection B1 includes most Community Parks, but not Washington
Park; it exempts most parks used for non - profit events, but not Jackson or Washington parks.
Although all parks with pavilions are included, others without them, such as A.Y. McDonald,
are also included. At the Park and Recreation Commission meeting in which this was
discussed, no single explanation could be given for exempting these particular parks.
I voted against this amendment because I believe there is an equity issue at play here. The
parks that stand out in their absence from the exemption list- Jackson, Washington, Comisky-
are those that are used most by our lower- income neighbors. Those that are exempt, and
hence where alcohol can be possessed and consumed, are those that are used most by
those who have a higher- income. While it's true that all in Dubuque can use the public parks,
it is well known that those with lower- incomes have less mobility, and hence do not have
equal access to the parks that are on the exempt list. Left as it is, this list of exempted parks
says that the City believes those over a certain income to be responsible users of alcohol,
and conversely, those below it to be suspect in their use of alcohol.
It seems to me that it would make more sense and be more equitable to prohibit the
possession and consumption of alcohol in all of our city parks, with the ability to seek
approval for such use from the city manager, which anyone is eligible to do, or to allow legal
and safe use in all parks, focusing on the elimination of inappropriate behavior and littering
wherever it may occur. I urge you to reject section B1 of the proposed amendment change.
I appreciate your consideration of my explanation and suggestion.
Sincerely,
Evelyn Nadeau
663 Fenelon Place
Dubuque, IA 52001
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