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Home My WebLink AboutA004 - RAGBRAI City Ordinance sample RAGBRAI XXXVI - Overnight Town Handbook- 2008 City Ordinance (sample) (CD) ORDINANCE NO. AN ORDINANCE ADEMI)ING SECTION 5.34 IN THE CODE OF ORDINANCES OF THE CITY OF ANY TOWN AND ENTr11='RAGBRAI- PFdtNII15' - Be it enacted by the City Council of Any Town,Iowa- SECTION 1:This ordinance as amended is enacted to help city-officials and citizens deal with the public health and safety problems created by the infusion of a large number of people into the City of Any Town when the Des Moines Register's Annual Great Bicycle Ride Across IowaTM (RAGBRAI fl arrives in Any Town on July XX,200X, and departs on July XX,200X. -- - SECTION 2: That Section 5.34 Ragbrai - Miscellaneous Permits of the Code of Ordinances of the City of Any Town,Iowa,be and the same is hereby amended to read as follows: Chapter 5.34 RAGBRAI Ordinance-Miscellaneous Permits Sections: 5.08.010 Commercial Booth-Permit Required 5.08.020 Commercial Booth Fees 5.08.030 Commercial Booth Location 5.08.040 Health Regulations 5.08.050 Commercial Booth Non-Food-Permit Required 5.08.060 Commercial Booth Non-Food Fees 5.08.070 Commercial.Booth Non-Food Location 5.08.080 Glass Containers 5.08.090 Nuisance 5.08.100 Violations-Penalties 5.08.110 Effective Period 5.08.120 Street Closings 5.08.010 Commercial Booth - Permit Required, No person, club, group, organization, corporation or entity of any kind shall provide or sell food to the public in Any Town on July XX,20OX or July XX, 200X, unless said person or entity shall first obtain a Commercial Booth Permit from the City of Any Town through the Chamber of Commerce located at XXX North Market Street in Any Town, Iowa. However, any person or entity which is a resident of Any County and in possession of a valid permit issued by the State of Iowa for the sale of food to be consumed on its premises as of June X,20OX, or in possession of a current Iowa retail sales tax permit, shall be exempt from the requirements of this Section. For purposes of this Section, the Any County Pork Producers and the Any County Cattleman's Association shall each be deemed to be a resident of Any Town. 5.08.020 Commercial Booth Fees. The fee for an Any Town Commercial Booth Permit shall be $200.00. Commercial Booth permits issued to vendors whose residence is outside Any County shall be$500.00. 5.08.030 Commercial Booth Location. A vendor who has been granted an Any Town Commercial Booth permit shall locate its temporary sale facility at a location to be determined by the official Any Town RAGBRAI Committee. 21 RAGBRAI XXXVI - Overnight Town Handbook -2608 5.08.040 Health Regulations, A person or entity issued a commercial booth permit pursuant to this Chapter (a RAGBRAI COMMERCIAL BOOTH PERMIZTEE herein) shall comply with the Iowa Department of Health and Any County Department of Health rules and regulations pertaining to the sale and dispensing of food for consumption on its premises. 5.08.050 Commercial Booth Non-Food - Permit Required. No -person, club, group, organization, corporation or entity of any land which is in business in Any Town shall sell merchandise to the public on July XX, 20OX or July XX, 200X, at a location other than their regularly-established place of business unless said person or entity shall first obtain a Commercial Booth Non-Food Permit from the City of Any Town through the Chamber of Commerce located at XXX North Market Street in Any Town, Iowa C Those Any Town businesses that operate only from their regularly established locations are exempt from the requirements of this section. 5.08.060 Commercial Booth Non-Food Fees.The fee for an Any Town Commercial Booth Non-Food permit shall be$200.00. Commercial Booth Non-Food permits issued to vendors whose residence is outside Any County shall be$500.00. 5.08.070 Commercial Booth Non-Food Location.A Commercial Booth Non-Food permittee who has been granted an Any Town Commercial Booth Non-Food permit shall locate its temporary facility at a location to be determined by the official Any Town RAGBRAI Committee. 5.08.080 Glass Containers. To promote safety during RAGBRAI, all beverages sold in Any Town, Iowa, by Commercial Booth permittees, on July XX, 20OX and until 10:00 a.m. on July XX, 20OX, shall be sold in non-glass containers only.This requirement shall also apply to any existing business, restaurant, service station, grocery store or other establishment selling beverages on its premises in an outdoor setting open to the public. s 5.08.090 Nuisance. The sale of food or the erection of a temporary facility for the sale of food or other merchandise without an Any Town Commercial Booth or Any Town Commercial Booth Non- Food permit on July XX, 200X, in violation of the provisions of this Chapter shall be considered a nuisance, as defined by Section 8.08 of the City Code of Ordinances. If this type of nuisance is determined to exist, an emergency abatement procedure pursuant to Subsection 8.08.080 of the City Code is hereby authorized and may be executed by any peace officer or those acting at their direction by dismantling and removing the nuisance without notice. However, if the only nuisance or violation of this chapter is the offender's fafiure to obtain the necessary permit,the RAGBRAI Committee,in lieu of immediate abatement, may allow the person or organization to immediately purchase a necessary permit as provided by this Ordinance. 5.08.100 Violations - Penalties. Selling or supplying food or merchandise to any person without an Any Town Commercial Booth or Any Town Commercial Booth Non-Food permit on July XX, 20OX or July XX, 200X, or any violation of this chapter shall be a simple misdemeanor punishable by a maximum fine of$500.00 and/or a maximum of thirty(30) days in Jail. Furthermore,any violation of this Chapter shall constitute a municipal infraction, as set forth in Chapter 8 of the City Code of Ordinances,and,therefore,any civil penalties may likewise be assessed and enforced as set forth. 5.08.110 Effective Period. The provisions of this ordinance shall be effective from 5:00 am. (local time) on July XX,20OX until 5:00 p.m. (local time) on July XX,20OX. 5.08.120 Street Closings. During the effective dates of this ordinance and without prior Council approval regarding the blocking of any city streets, any Name of City police officer, or those at their direction, may place barricades or road blocks in any City street, alley or roadway to redirect 22 RAGBRAI XXXVI - Overnight Town Handbook - 2008 vehicular traffic in order to enhance the proper and safe flow of bicycle and vehicular traffic within the City limits of the City of Any Town. SECTION 3: REPEALER All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed. SECTION 4: SEVERABHM CLAUSE. If any section,provision, or part of this ordinance shall be adjudged invalid or unconstitutional such adjudication shall not affect the validity of this ordinance as a whole or any section, provision, or party thereof not adjudged invalid or unconstitutional. SECTION 5: WITN EFFECTIVE. This ordinance shall be in effect from and after its final passage,approval,and publication as provided by law. - Passed and approved by this Council on the_day of 200X. ANY ONE,Mayor _ ATTEST% ANY ONE,City Clerk I certify that the foregoing was published as Ordinance No. on the _day of 200X. i 23