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HomeMy WebLinkAboutA038 - Third reading and adoption of ORDINANCE NO. 4591 revising Municipal Code Chapters 10, 17, 21, 22, 27 relating to licenses and permits issued by the Office of the City ClerkTo:Mayor & City Council From:City Clerk's Office Date:April 14, 2026 Subject:Revisions to Chapters 10, 17, 21, 22, 27 Item No. 42 MEMO The ordinance revising Municipal Code Chapters 10, 17, 21, 22, 27 relating to licenses and permits issued by the Office of the City Clerk is attached for City Council's review and consideration for third reading and adoption. ATTACHMENT(S): FINAL DRAFT Ordinance License-Permit Fees.PDF Administration 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 1 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 10.11, 10.12, 10.14, 10.15, 17.25, 17.26, 21.134, 22.32, 27.5 AND 27.6 THEREOF, FOR THE PURPOSE OF AMENDING REQUIREMENTS FOR LICENSES, PERMITS AND FEES 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 amending Sections 10.11, 10.12, 10.14, 10.15, 17.25, 17.26, 21.134, 22.32, 27.5 and 27.6 as follows: “CHAPTER 10 GARBAGE, REFUSE AND RECYCLING * * * Sec. 10.11. LICENSE APPLICATION; APPROVAL REQUIREMENTS. An application for a license to collect or haul garbage, refuse or recycling shall be made to the office of the City Clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance as hereinafter set forth and shall pay the required license fee. Upon receipt of application properly executed, the city clerk shall refer the same to the city manager for approval before issuing the license. Sec. 10.12. INSURANCE AFFIDAVIT; CONTENTS; LIABILITY COVERAGE. * * * (3) Applicant shall furnish the City of Ames with certificates of insurance evidencing the following coverages: (a) Comprehensive General Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. (b) Automobile Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. (c) Worker's Compensation and Employer's Liability as required by the laws of the State of Iowa. (4)(3) A copy of the current insurance certificate shall be maintained on file with the City Clerk. The certificate must be on file in the office of the City Clerk before the license shall be issued. The approved insurance certificate must be on file in the office of the City Clerk before a license will be issued. * * * 2 Sec. 10.14. LICENSE ISSUANCE, EXPIRATION.Upon receipt of the completed application for a license approval from the city manager, the filing of the proper certificates of insurance, and the payment of the license fee, and satisfactory inspection of equipment, the City Clerk shall issue the applicant a license. All licenses shall terminate expire on December 31st thirty-first of the year of issued. The annual license of all applicants licensed under this chapter shall be renewable under completion of the requirements outlined in this section. The City Manager or Manager’s designee may make any renewal subject to additional and revised conditions and requirements. The City Clerk shall maintain the records of licenses issued, denied, or revoked. Sec. 10.15. LICENSE FEE.The license fee shall be established by resolution of the City Council in such amount to cover the costs of administration, enforcement, and inspection under this chapter and listed in Appendix D. The City Manager shall set a reasonable fee per year per truck to cover costs of administration, inspection and enforcement under this chapter. * * * CHAPTER 17 OFFENSES-MISCELLANEOUS * * * Sec. 17.25. DEALERS AND PAWNBROKERS, ITINERANT DEALERS, AND SECONDHAND DEALERS * * * (2)Dealer's Permit. (a)A pawnbroker, secondhand dealer, or itinerant dealer must apply for and obtain a Dealer's Permit annually annual permit prior to being engaged in or conducting business as a dealer. Such permit shall be posted conspicuously in each place of business named therein. (b)Application. An application for a Dealer’s Permit shall be made to the office of the City Clerk on forms provided by that office. To obtain a dealer's permit a dealer shall file a written, sworn application on a form provided by the City Clerk The application shall be signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, with the City Clerk showing: * * * (c)Fee Requirement. Every application for a Dealer's annual Permit shall be accompanied by the application fee. The fee for a Dealer's annual Permit shall be in such amount as shall be determined from time to time by resolution of the City Council and listed in Appendix D. in such amount as is set by the City Council. (d)Issuance.Upon receipt of an application for a Dealer's Permit, the City Clerk shall notify the Ames Chief of Police or Chief's designee who shall cause such investigation of the applicant as the Chief deems necessary for the public good and may recommend issuance or refusal of a Dealer's Permit. Within ten (l0) days of the filing of an application, the City Clerk shall issue a Dealer's Permit or refuse to do so for reasons including but not limited to the following: * * * (e)Appeal. If the City Clerk denies an application for a Dealer's Permit, the City Clerk shall mail to the applicant, by certified mail, a written statement of the decision with a brief statement of the reason(s) therefore. An appeal of from the decision of the City Clerk may be made in writing to the City Manager, or Manager's 3 designee, within ten (10) days of the receipt of the decision. The written appeal shall state the specific grounds for the appeal. The City Manager, or Manager's designee, shall hold a hearing within a reasonable time from the receipt of the appeal. At the hearing, the applicant or permit holder may be represented by counsel, may cross- examine witnesses and may present evidence in their his or her favor. The City Manager, or Manager's designee, may grant or deny the appeal. That decision shall be final. (f)Expiration. A Dealer's Permit shall expire on December 31st of the year in which it is issued. If a dealer's business is discontinued, moved, or sold within one (1) year after issuance, the Dealer's Permit expires and a new permit must be obtained before the dealer's business is recommenced. The Dealer's annual Permit is a personal privilege and shall not be transferable, nor shall there be a partial refund of the application fee where the permit holder discontinues his their business prior to December 31st of the year in which the permit was issued. * * * (h)Itinerant dealers must register with the City of Ames Police Department before engaging in or conducting business each time that such dealer is in the City of Ames to conduct business. Sec. 17.26. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS. * * * (4) For the purpose of registration each person as aforesaid shall provide to the City Clerk, or Clerk's designee, the following: (a)Their name, address, and date of birth, social security number, height, weight, hair and eye color, and phone number, and if they do not have a permanent residence in this city, the residence and phone number where they reside permanently. * * * (f)Name, address and phone number of the supplier of the product. (f) (g) Proof of the state sales tax permit or exemption from state and federal taxing authorities. (g) (h) If employed by or working in association with a corporation, the state of its incorporation, whether it is authorized to do business in Iowa, and evidence that the corporation has designated a resident agent within 50 miles of the City upon whom legal service may be made and that the corporation will be responsible for the acts of its employees and or associates in the City; and that the corporation is covered by the insurance specified in item 14, below. (h)(i) A statement as to whether or not applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance other than a traffic violation, the nature of the offense and the penalty imposed. (j)The last municipalities, not exceeding three, where applicant carried on activities for which registration is sought immediately preceding the date of application and the addresses from which such business was conducted in those cities. * * * (7) The identification badge shall be of a distinctive logo and design to show clearly that it has been issued by the City of Ames and shall incorporate a current 4 photograph of the registrant taken at the Clerk's office or where the Clerk directs, at the time of registration. * * * CHAPTER 21 SIGNS * * * Sec. 21.134. TEMPORARY PORTABLE SIGNS ON PUBLIC SIDEWALKS IN DSC AND CSC PERMITTED. * * * (13) A permit issued under this subsection shall be revoked by the City if the proprietor holding the permit does any of the following: (a)Fails to maintain a valid license or permit covering the establishment adjacent to which the sign is located; (b)Fails to remove the sign from the public right of way by the time required in this subsection; (c)Fails to pay the fee for issuance or renewal of the permit; (d)Fails to maintain proof of insurance with the indemnification requirements set forth in subparagraph 15 of this subsection on file with the City Clerk; (e)(d)Fails to operate in strict compliance with all of the provisions of this subsection, of all other City ordinances, and of state law; or (f)(e)Creates or allows the existence of a safety hazard in connection with the placement of the sign. * * * CHAPTER 22 STREETS AND SIDEWALKS * * * DIVISION VII SIDEWALK CAFÉ PERMITS * * * Sec. 22.32 SIDEWALK CAFÉ PERMITS. (o) Application, Term and Renewal.A Sidewalk Cafe Permit shall be approved by the City Manager for a maximum period of one year. Thereafter, the City Manager, if an extension application is filed prior to any expiration date of the Sidewalk Cafe Permit, may extend the permit for additional periods, not to exceed one year each, following review and approval of the cafe's operations. An application for a permit to operate a Sidewalk Café’ shall be made to the office of the City Clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance hereinafter set forth and shall pay the required permit fee. Upon receipt of the aforementioned filings, the City Clerk shall issue the applicant a permit. All permits shall terminate on October 31st of the year issued. The annual permit of all Sidewalk Cafés permitted under this chapter shall be renewable under completion of the requirements outlined in this section. The City Manager or Manager designee may make any renewal of a Sidewalk Café Permit subject to additional and revised conditions and requirements. Any renewal granted by the City Manager shall not exceed a period of one year. All applications shall be filed with the City Clerk, who shall refer them to the City Manager. The City Clerk shall maintain the records of permits issued, denied, or revoked. * * * 5 (r) Insurance.An insurance certificate naming the City of Ames, its officers, and employees as an additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit shall be in full force and effect during the life of a Sidewalk Cafe Permit. The coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability written on an occurrence basis only. A copy of the current insurance certificate shall be maintained on file with the City Clerk. The certificate must be on file in the office of the City Clerk before the license shall be issued. * * * CHAPTER 27 TREES AND SHRUBS * * * Sec. 27.5 TREE SURGEON LICENSE REQUIREMENTS. (1) No person shall solicit or engage in the work of felling trees or trimming trees where there is a risk of limbs, branches or any other portion of the tree falling into the public right of way without first obtaining a Tree Surgeon's License from the City Clerk. and paying the license fee in such amount as shall be established for all such licenses by resolution of the City Council to cover costs of administration. A property owner may trim or fell trees on his or her their own property without a Tree Surgeon License except where there is risk of limbs, branches or any other portion of the tree falling or coming in contact with electric utility lines. (2) However, a property owner may trim or fell trees on his or her own property without a license except where there is risk of limbs, branches or any other portion of the tree falling or coming in contact with electric utility lines. An Application for a Tree Surgeon’s License shall be made to the office of the City Clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance hereinafter set forth and shall pay the required license fee. Upon receipt of the aforementioned filings, the City Clerk shall issue the applicant with a license. (3) All licenses shall terminate on June 30th of the fiscal year issued. The annual license of all Tree Surgeon’s licensed under this chapter shall be renewable under completion of the requirements outlined in this section. The City Manager or Manager designee may make any renewal subject to additional and revised conditions and requirements. The City Clerk shall maintain the records of licenses issued, denied, or revoked. Sec. 27.6 INSURANCE REQUIRED. * * * (1)An insurance certificate naming the City of Ames, its officers, and employees as an additional insured with comprehensive general liability limits in the amount of $500,000 combined single limit shall be in full force and effect during the life of the Tree Surgeon License. The coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability written on an occurrence basis only. A copy of the current insurance certificate shall be maintained on file with the City Clerk. (2) Automobile Liability with limits of no less than $500,000 combined single limits per occurrence for bodily injury, personal injury and property damage. 6 (3) A copy of the current insurance certificate shall be maintained on file with the City Clerk. The certificate must be on file in the office of the City Clerk before the license shall be issued. * * * ” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2026. ____________________________________________________________ John A. Haila, Mayor First Reading: _________________ Second Reading: ______________ Third Reading: ________________ Passed on: ___________________ I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ______________, passed by the City Council of said City at the meeting held on ______________________and signed by the Mayor on ___________________________, and published in the Ames Tribune on ___________________________. ________________________________ Renee Hall, City Clerk 7