HomeMy WebLinkAboutA001 - Council Action Form dated August 12, 1997 f 2
Item No. : .2
Date: August 12, 1997
COUNCIL ACTION FORM
Subject: Park Ordinances
Background:
During the past few years, various issues (vandalism, excessive consumption of
alcohol at Bandshell Park, children jumping off the footbridge into the Skunk River
at East River Valley, etc.) have arisen in the Park system drawing staffs attention
to the need to review park rules and ordinances.
Staff members from Parks and Recreation, the Police Department, and the City
Attorney's office met and reviewed park rules and ordinances. It was a joint
consensus that even though some ordinances already exist, it might be helpful to
review and, where appropriate, add additional ordinances. By doing so, individuals
that violate a park ordinance can be prosecuted.
The Parks and Recreation Commission reviewed all existing park rules and
ordinances at a workshop meeting. The Commission also held a public meeting to
allow residents the opportunity to be involved in this process.
The Parks and Recreation Commission then requested that the City Attorney's office
draft the agreed upon ordinances. Police Chief Ballantine has reviewed and
supports these additions. During this process, the Commission has stated that if a
rule or ordinance does not best serve the majority of park users that they would be
open to re-examining any issue.
The Commission recommends that these ordinances, as drafted by the City
Attorney, be adopted by the City Council.
Rationale and Summary of New Ordinances:
1. Noise Ordinance — The park system is zoned agricultural and was not
subject to a maximum decibel level. It is recommended that during the open
park hours of 6:00 AM to 10:30 PM a 65 decibel level be established.
2. Park Hours Ordinance — No "opening" time was previously stated.
Establish park hours of 6 AM to 10:30 PM.
3. Bike Ordinance — For the safety of all park users and to protect sensitive
Council Action, Form
August 12, 1997
Page 2
woodland areas, a park rule has been in effect for numerous years prohibiting
bike riding in Munn Woods, East River Valley, and in Brookside Park on the
hard-surfaced pathways and the Audubon Trail. Establish this as an
ordinance versus a rule.
4. Park Structure Ordinance — The park system is abused from vandals and
used for inappropriate activities. Examples include sunbathing or putting
picnic tables on top of shelters and jumping or diving into rivers from
pedestrian bridges. Therefore, establish an ordinance whereby stating that
buildings, shelters, bridges, etc., are to be used for their intended purpose
only.
5. Consumption of Alcoholic Beverages— Currently beer and wine are
allowed in all parks. Liquor and keg beer are prohibited.
During the process of reviewing existing ordinances, the City Attorney's office
informed Parks and Recreation staff that there is presently a law which
prohibits use or consumption of any type of alcoholic beverage in any
public place, including parks. However, for some unknown reason,
restricting alcohol use in the park system has never been enforced.
The issue of allowing alcohol in parks has become a concern in Bandshell
Park where transient individuals congregate and drink for extended periods
of time. Additionally, many neighborhood parks are small in size and
minimal flexibility exists for non-drinkers and their children to relocate to
another area of the park if someone is drinking nearby.
Therefore, the Commission recommends that beer and wine be allowed only
in community parks: Brookside, Emma McCarthy Lee, Inis Grove, North and
South River Valley, and Moore Memorial Parks, and to enforce the existing
law and prohibit beer, wine and liquor in neighborhood parks. Liquor
and keg beer would continue to be prohibited in community parks.
The Commission noted that exceptions can be made for organizations
requesting keg beer if they present their request to the Commission.
Examples have included Midnight Madness and the Jaycee's Fourth of July
Celebration.
Council Action Form
August 12, 1997
Page 3
Alternatives:
1. Adopt the proposed ordinances.
2. Alter the proposed ordinances.
3. Refer back to staff.
City Manager Recommendation:
It is the City Manager's recommendation that the City Council adopt Alternative #1
whereby adopting the proposed ordinances.
City staff, the Parks and Recreation Commission, and the public have given a great
deal of thought to governing the park system and to creating these new ordinances.
Further, the Commission acknowledges that if any rule or ordinance does not best
serve the majority of park users that they will revisit that issue.
Council Action:
Attachment #1
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SUBSECTIONS 16.4(4)(a) AND 16.4(4)(c),
AND SECTION 17.17 AND 19.8, AND ENACTING NEW SUBSECTIONS
16.4(4)(a),16.4(4)(c), and SECTIONS 17.17,19.8,19.11,AND 19.12,AND 19.13
FOR THE PURPOSE OF REVISING REGULATIONS PERTAINING TO CITY
PARKS AND RECREATION FACILITIES; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT
OF SUCH CONFLICT;PROVIDING A PENALTY;AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Subsections 16.4(4)(a)and 16.4(4)(c), Sections 17.17 and 19.8,and enacting new Subsections and Sections
16.4(4)(a), 16.4(4)(c), 17.17, 19.8, 19.11, 19.12, and 19.13,as follows:
"Sec. 16.4(4)(a) The sound shall be measured at the edge of the city street or alley right-of-way
reasonably appearing to be nearest to the source of the sound,or if in a park or agriculturally zoned
area,approximately 25'from the source of the sound. When a complaint is received,a measurement
may also be taken at a location on the property where the complaining party was disturbed.(Ord. No.
2946, Sec. 1, 4-15-86)
Sec. 16.4(4)(c) A sound measured or registered in excess of the maximum permitted levels according
to the following table,is declared to be excessive and unusually loud and is unlawful.
Neighborhood Characteristic Maximum Permitted
Residential 60 between 7 a.m.to Midnight
55 between Midnight to 7 a.m.
Commercial 65
Industrial 80
Park Or Agriculturally Zoned 65
(Ord.No. 2608,Sec. 1, 6-28-77; Ord. No. 2848, Sec. 3, 5-3-83)
Sec. 17.17. CONSUMPTION IN PUBLIC PLACES;INTOXICATION.
(1) It is unlawful for any person to use or consume alcoholic beverages,wine or beer,upon
the public streets or highways of the City of Ames,or to consume any alcoholic beverage in any public
place,except:
(a) premises covered by a valid liquor control license;or
(b) If the public place is Brookside,Emma McCarthy Lee,Inis Grove,North and South
River Valley or Moore Memorial Parks,wine and beer may be consumed if it is in or dispensed from
bottles or single serving cans,but not cartons or kegs. Keg beer may be authorized only by the Parks
and Recreation Commission based on such criteria as they shall adopt.
(2) Any person violating this section shall be guilty of a simple misdemeanor punishable
by a fine not to exceed$100 or by imprisonment not to exceed 30 days.
Sec. 19.8. DAMAGING PLANTS, PROPERTY IN PARKS AND RECREATIONAL
FACILITIES.
It is unlawful for any person to willfully cut,rake,damage,destroy or interfere with any trees,
shrubs,flowers,bush or other planting,or building,structure or other facility in any public park or rec-
reational facility. Interfering with park structures or facilities is specifically defined to include persons
being on top of park shelters;placing picnic tables in water,using them as sleds,or placing them on top
of shelters; and jumping or diving off pedestrian bridges.
(Ord. No. 2507, Sec. 2, 5-6-75.)
Sec.19.11. PARK HOURS.
All city parks are open to the public from 6:00 a.m.to 10:30 p.m. Only Parks&Recreation
department employees or emergency personnel, including fire, police and utility workers, are
authorized to be in the parks between the hours of 10:30 p.m.until 6:00 a.m.,unless advance written
permission has been obtained from the Parks and Recreation Commission.
Sec.19.12. BIKE RIDING PROHIBITED IN CERTAIN PARKS.
Bike riding is prohibited in Munn Woods;East River Valley Park;and in Brookside Park on
the hard surfaced pathways and the Audubon Trail.
Sec. 19.13. PENALTIES.
All violations of this chapter are municipal infractions as set out in Sec. 1.9 of the Municipal
Code. Penalties for violations are$30.00 for first offense,$100 for second offense,and$200 for third
and subsequent offenses."
Section Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this day of , 1997.
Sandra L. Ryan,City Clerk Larry R.Curtis,Mayor
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