Code of Ordinances Amendment - Title 10 Personal Motorized WatercraftMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI -America City
11111r
2007 • 2012 • 2013
SUBJECT: Amending Ordinance Section 10-7-13 to Add Motorized Personal
Watercraft Operation to List of Prohibited Activities and Additional Areas
Where Activities are Prohibited
DATE: July 17, 2014
Leisure Services Manager Marie Ware is recommending amending City Ordinance
Section 10-7-13 to add motorized personal watercraft operation to the list of prohibited
activities, as well as add additional areas where activities are prohibited.
With the addition of ponds, detention basins and stormwater areas throughout the City,
the current ordinance was reviewed to update the listing of areas where specific
activities are prohibited. Of major concern was swimming and ice skating.
Additionally, the prohibited activities were reviewed and it was determined motorized
personal watercraft operation should be prohibited. Motorized personal watercraft
operation, however, could enter the Harbor for the purpose of commercial use such as
refueling.
The Park and Recreation Commission at their July meeting reviewed the ordinance and
recommended changes. They unanimously recommend Council approval of the
attached resolution amending the ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bt/1144 (4,11
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
Dan Kroger, Recreation Division Manager
Steve Fehsal, Park Division Manager
Deron Muehring, Civil Engineer II
Steve Brown, Project Manager, Engineering
Gus Psihoyos, City Engineer
Dan Brown, Fire Chief
Crenna Brumwell, Assistant City Attorney
2
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
All -America City
11111 r
2007 • 2012 • 2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Amending Ordinance Section 10-7-13 to Add Motorized Personal
Watercraft Operation to List of Prohibited Activities and Additional Areas
Where Activities are Prohibited
DATE: July 10, 2014
INTRODUCTION
The purpose of this memorandum is to recommend amending Section 10-7-13 to add
motorized personal watercraft operation to the list of prohibited activities, as well as add
additional areas where activities are prohibited.
DISCUSSION
With the addition of ponds, detention basins and stormwater areas throughout the City,
the current ordinance was reviewed to update the listing of areas where specific
activities are prohibited. Of major concern was swimming and ice skating. The
ordinance was also reviewed to make sure no swimming is allowed in marina areas as
electrocution in the water has been a concern. It was found all harbors were covered.
Additionally, the prohibited activities were reviewed and it was determined motorized
personal watercraft operation should be prohibited. Motorized personal watercraft
operation, however, could enter the Harbor for the purpose of commercial use such as
refueling. The review was completed by representatives of Engineering, Attorney's
office, Fire Department, as well as Leisure Services.
The Park and Recreation Commission at their July meeting reviewed the ordinance and
recommended changes. They unanimously recommend Council approval of the
attached resolution amending the ordinance.
1
RECOMMENDATION
I recommend approval of the amended ordinance Section 10-7-13 adding motorized
personal watercraft operation to the list of prohibited activities and additional areas
where activities are prohibited.
MLW:mkr
attachment (Ordinance Amendment)
copy Dan Kroger, Recreation Division Manager
Steve Fehsal, Park Division Manager
Deron Muehring, Civil Engineer II
Steve Brown, Project Manager, Engineering
Gus Psihoyos, City Engineer
Dan Brown, Fire Chief
Crenna Brumwell, Assistant City Attorney
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 49-14
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 BY ADDING MOTORIZED
PERSONAL WATERCRAFT OPERATION TO THE LIST OF PROHIBITED
ACTIVITIES AND ADDING ADDITIONAL AREAS WHERE ACTIVITIES ARE
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: ACTIVITIES PROHIBITED:
A. Places And Hours Of Restriction:
1. 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 or similar
activity at any time in the following areas:
a. Dubuque marina harbor.
b. Bissell harbor.
c. Schmitt harbor.
d. Dove harbor, Seventh Street area.
e. Ice harbor including Port of Dubuque Marina.
f. Maus park.
g. 16th Street detention basin.
h. Bee Branch Creek, from the 16th Street detention basin to north of
16th Street.
West 32nd Street detention basin ponds.
NW Arterial detention basin.
k. Bergfeld pond.
I. Heron pond.
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 or
similar activity at any time between the hours of one-half (1/2) hour after sunset to
sunrise.
3. Nothing herein shall prohibit access to the Ice harbor including the Port of
Dubuque marina for commercial use of the facility.
B. 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.
C. Riverview Park: No person shall swim or wade in the waters adjacent to
Riverview park.
D. Rivers Edge Plaza Or Riverwalk: No person shall swim or wade in the waters
adjacent to the Rivers Edge Plaza or the riverwalk.
E. Use Or Consumption Of Liquor, Wine Or Beer: It shall be unlawful for any person
to use or consume alcoholic liquors, wines or beer in the Hawthorne Street area
described as being that section of land bordered on the east by the Mississippi River, on
the south by the Peosta Channel, on the west by the mooring slips of the Dubuque
marina, and on the north by Volunteer Drive; provided, however, the dispensing of beer
for consumption in the Hawthorne Street area shall be permitted by a licensed beer
permit holder who has obtained written approval from the city manager authorizing the
use of the Hawthorne Street area for such purpose.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 21st day o July, 2014.
Roy D. B I, Mayor
Attest:
Kevi S. Firnstahl, ity erk
OFFICIAL
PUBLICATION
ORDINANCE NO. 49-14
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
10 PUBLIC WAYS AND
PROPERTY, CHAPTER,
7 BOATS, BOATING
AND WATERFRONT
STRUCTURES, SEC-
TION 10-7-13 ACTIVI-
TIES BY ADDING
MOTORIZED PERSON- ,
AL WATERCRAFT OP- prohibit access to, the
ERATION TO THE LIST ' Ice - harbor including,;
OF PROHIBITED, AC- the Port of Dubuque
TIVITIES AND ADDING 1marina for commercial
ADDITIONAL AREAS use of the facility.
WHERE ACTIVITIES B. Schmitt Harbor And 11
ARE PROHIBITED " Hawthorne Street Boat 1
NOW, THEREFORE, Ramps: No person shall
BE IT ORDAINED BY swim or ice skate with -
THE ° CITY COUNCIL in five hundred feet,
OF THE CITY OF DU- I (500') of the Schmitt
BUQUE, IOWA: 'harbor boat ramp and
Section 1. Section 10'- the Hawthorne Street
7-13 of the City of Du- bOat ramp.
buque Code of Ordi-' c. Riverview Park: No
nances is amended to person shall swim or
read as follows: wade in the waters ad- 11
10-7-13: ACTIVITIES jacent to Riverview
PROHIBITED:
A. Places Arid Hours D. Rivers Edge Plaza
Of Restriction: Or Riverwalk: No -per -
1. No person shall son shall swim or wade
swim,-. ice skate or op- I in the waters adjacent
erate, a vessel`towing a .1 to the Rivers Edge Pia -
person or persons on .1 za or the riverwalk
water skis, surfboard E. Use Or 'Consump
or similar device, nor I tion Of Liquor, Wine Or
I shall :anyperson en- 1 Beer: It, shall be unlaw
,gage in watersknng,'1 ful for any person to 1
motorized . personal use or consume alto -
watercraft operation, 11:, holic liquors, wines or
g
surfboardinor.similar beer in the Hawthorne
activity at any time in ! Street area described
the following areas: as being that,sedtion of
a. 'Dubucue'marina i, land bordered on the
harbor. ' east by the Mississippi
b. Bissell harbor.11 River, on the south by
c. Schmitt harbor t the Peosta Channel, on
d. Dove harbor, Sev- 1, the west by the "moor- "-
enth Street area. Ing slips of the Dubu- 'I
e. Iceharbor including que marina, and on the I
Port of Dubuque Mari- north by Volunteer
na. Drive; provided, how -
f. Maus park. I ever, the dispensing of
-g. 16th Street deten- I beer for consumption
tion basin. 1 in the Hawthorne
h. Bee Branch Creek, Street area shall be
from the 16th Street permitted by a licensed 1
detention , basin to beer permit holder who
north of 16th Street. has obtained. written 11
1. West 32nd Streetapproval from the, city
detention basin ponds. manager authorizing
j. NW Arterial deten- 11 the use • of the , Haw -
tion basin. 1 thorne Street area for
k. Bergfeld pond. such purpose.
I. Heron pond. Section 2.. This Ordi-
2. In all ,other areas +i •nance takes effect
under the jurisdiction 1
upon publication.
of the city, no person Passed, approved,
shall swim, ice skate or and adopted the. 21st
operate a vessel tow -1 day of July, 2014.
ing a person or persons I/s/Roy D. Buol, Mayor
on water skis, surf-' Attest; /s/Kevin S.
board or similar device,1 , Firnstahl, City Clerk
nor shall any person Published officially in
engage in, watersknng,1 'the Telegraph Herald
surfboarding or similar 1 newspaper on the 25th
activity;at any. time be -1 day of July, 2014.
twee'n the, hours of /s/Kevin S. Firnstahl,
one-half (1/2) hour af- CMC, City Clerk
ter sunset to, sunrise.: 1t 7/25
3. Nothing herein shall
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 25, 2014, and for which the charge is $34.23.
Subscribed to before
this /j day of
iiihNotary Public in and for Dubuque County, Iowa,
,20/
Notary Public in and for Dubuque County, Iowa.
TER EY
or ! rhe 154885
FEB, 1, 2017
EFFECT OF AMENDMENT
10-7-13: ACTIVITIES PROHIBITED:
A. Places And Hours Of Restriction:
1. 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 or similar
activity at any time in the following areas:
a. Dubuque marina harbor.
b. Bissell harbor.
c. Schmitt harbor.
d. Dove harbor, Seventh Street area.
e. Ice harbor including Port of Dubuque Marina.
f. Maus park.
q. 16th Street detention basin.
h. Bee Branch Creek, from the 16th Street detention basin to north of
16th Street.
West 32nd Street detention basin ponds.
NW Arterial detention basin.
k. Berqfeld pond.
Heron pond.
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 or
similar activity at any time between the hours of one-half (1/2) hour after sunset to
sunrise.
3. Nothing herein shall prohibit access to the Ice harbor including the Port of
Dubuque marina for commercial use of the facility.
B. 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.
C. Riverview Park: No person shall swim or wade in the waters adjacent to
Riverview park.
D. Rivers Edge Plaza Or Riverwalk: No person shall swim or wade in the waters
adjacent to the Rivers Edge Plaza or the riverwalk.
E. Use Or Consumption Of Liquor, Wine Or Beer: It shall be unlawful for any person
to use or consume alcoholic liquors, wines or beer in the Hawthorne Street area
described as being that section of land bordered on the east by the Mississippi River, on
the south by the Peosta Channel, on the west by the mooring slips of the Dubuque
marina, and on the north by Volunteer Drive; provided, however, the dispensing of beer
for consumption in the Hawthorne Street area shall be permitted by a licensed beer
permit holder who has obtained written approval from the city manager authorizing the
use of the Hawthorne Street area for such purpose.