Details for Display Legal 4

to the proprietor's establishment.
(12) The permit holder may appeal the
revocation of the permit by written notice
of appeal mailed or delivered to the city
clerk within ten days of the date of notice
of revocation. The administration committee of the city council shall conduct
a hearing within 20 days of the date of
the notice of appeal. The permit holder
shall be notified in writing of the time
and place of hearing thereon, and shall
be afforded an opportunity to present
information to the committee, following
which the committee shall issue a written decision within ten days of the date of
the hearing, either affirming or reversing
the revocation of the permit. The decision
of the administration committee shall be
final. During the pendency of the appeal,
the permit holder shall not be allowed to
place the tables, chairs and/or benches
on the public sidewalk.
(13) The city shall retain the right to terminate any permit granted under this subsection upon seven days' written notice,
and may require the removal of all tables,
chairs and/or benches from the public
sidewalk adjacent to an establishment, if
the city council, after due consideration,
determines that there is a reasonable and
substantial need for the use of the public right-of-way being occupied by such
tables, chairs and/or benches, for a valid
public purpose. The determination of the
city council shall be final, and there shall
be no right of appeal from such decision.
(14) A permit shall not be issued under
this subsection unless the applicant, at
the time of filing an application for issuance or renewal of a permit, furnishes
proof of insurance and indemnification of
the city that meets the following requirements:
a. Commercial general liability insurance
coverage in the amount of $1,000,000.00
per occurrence and $2,000,000.00 in the
aggregate for bodily injury and property
damage, with the city to be named as an
additional insured on the policy, with an
endorsement to be issued as part of the
insurance policy, evidencing compliance
with this requirement; and
b. An indemnification agreement on a
form furnished by the city clerk, under
which the proprietor agrees to indemnify
and hold the city harmless from any liability for damages arising out of the placement of the tables, chairs and/or benches
in the public right-of-way.
(e) Temporary movable signs on certain
public sidewalks. Any proprietor of an establishment in those areas of the city that
are zoned C-3 Commercial District under
the zoning chapter, may use a portion of
the public sidewalk that is immediately
adjacent to and that lies in between the
side property lines, as extended to the
curb, of the public sidewalk, for the purpose of displaying one temporary movable sign for such establishment, with the
following restrictions:
(1) The portion of the public sidewalk that
may be used by the proprietor of such
establishment for the display of such
signs is the area of the public sidewalk
that extends from the storefront of the
establishment to the adjacent street curb
and between the side property lines of
the building in which the establishment is
located, as such side property lines are
extended to the adjacent street curb.
(2) There must nevertheless be a minimum of five feet of unobstructed public
sidewalk between such storefront and the
edge of the sign closest to the storefront,
or between the edge of the sign closest
to the street and the inside edge of the
street curb, in order to allow for the free
passage of pedestrian traffic on the public sidewalk, provided, however, that the
city may, in granting a permit under this
subsection, require more than five feet
of unobstructed public sidewalk clearance if, in the reasonable determination
of the city, such additional clearance is
necessary in the interest of public safety,
health, or welfare, in light of the peculiar
circumstances involved with the physical characteristics of the public sidewalk
area in question; and provided, further,
that all such temporary signs must in all
events maintain at least a two-foot setback from the outside edge of said sign
to the inside edge of the street curb.
(3) No such temporary movable sign shall
be attached in any manner to the public
sidewalk, or to any public fixtures located
on the public sidewalk, such as tables,
chairs, or other fixtures, or on top of any
temporary elevations such as fill material
or snowbanks.
(4) No such temporary sign shall exceed
2.5 feet in width and five feet in height in
outer frame measurements, with such
height measured from the natural grade
of the sidewalk surface adjacent to such
establishment. No more than one such
sign may be placed in front of any single
store-front. All such signs must be wellmaintained and kept in good repair.
(5) By the closing time of such establishment each day, each such sign shall be
moved inside the building adjacent to
which the sign is displayed, restoring the
public sidewalk to its normal condition as
a pedestrian walkway.
(6) Before the proprietor of any such an
establishment may lawfully place any
such temporary sign on the public sidewalk in front of such establishment, the
proprietor shall file an application for a
permit with the city clerk of the city, on
a form furnished by the city clerk, and
shall pay a nonrefundable annual permit
fee therefor, in such amount as shall be
determined from time to time by resolution of the city council. The application
and an accompanying diagram or site
plan shall show:
a. The dimensions, including the length
and width, of the public sidewalk that is
adjacent to said establishment, as described in this subsection;
b. The five-foot area of unobstructed
public sidewalk which is to be reserved
for pedestrian use, and the two-foot setback from the outside edge of said sign
to the inside edge of the street curb;
c. The approximate location where the
sign shall be positioned, and the size of
said sign, including its outer dimensions;
d. Proof that the applicant holds a valid
license or permit to operate the establishment;
e. The written consent to the filing of
said application from the owner of the
building in which such establishment is
located, if the applicant is not the owner
of the building;
f. Proof of insurance and compliance
with the indemnification requirements
set forth in subsection (e)(15) of this section; and
g. Such other information and documentation as the city may require in order to
demonstrate that the proprietor complies
with the requirements of this subsection.
(7) The city clerk shall forward a copy
of the proprietor's application, together
with all other information and documentation required in connection with said
application, to the city planner for review
as to compliance with the requirements
of this subsection, and compliance with
the interest of public safety, health, or
welfare. If the application is approved by
the city planner as being in compliance
with the requirements of this subsection,
the city clerk shall forward the application to the city council. Upon approval by
the city council, the city clerk shall issue
a permit therefor to the applicant. If the
application is not approved by the city
planner, the city clerk shall notify the applicant of the reason or reasons the application was not approved. The applicant
shall be afforded a period of 30 days from
the date of the city clerk's notice, within
which to revise the application in an effort
to comply with the requirements of this
subsection and to correct the reasons for
denial thereof. If the revised application
is approved by the city planner, the city
clerk shall forward the application to the
city council. Upon approval by the city
council, the city clerk shall issue a permit.
If the revised application is not approved
by the city planner, the city clerk shall not
issue a permit. In that event, the applicant shall have a period of 30 days from
the date of notice of denial to appeal the
denial to the administration committee of
the city council. The administration committee shall conduct a hearing on the appeal of the denial of the application within
30 days, and shall afford the applicant
an opportunity to present information in
support of the application, and shall issue a decision to either approve the application, which may be conditioned on
one or more requirements, or to deny the
application. The decision of the administration committee shall be final.
(8) Any permit issued under this subsection shall be issued for a period of oneyear, and may be renewed upon the filing
of an application by the proprietor for
renewal of the permit before its expiration, and by payment of the required annual fee. The application for renewal shall
state whether or not any of the contents
of the original application are being revised, failing which the contents of the
application for renewal shall be deemed
to be the same as contained in the original application.
(9) In the event that ownership of the establishment holding the permit is sold,
conveyed or transferred to another person or entity, the permit shall not thereby
be transferred, and the new owner shall
be required to file a new and separate application for such a permit, as provided in
this subsection.

(10) The city reserves the right to limit
the number of permits issued under
this subsection if necessary to maintain
adequate pedestrian flow, to permit adequate access to building entrances, to
safeguard pedestrian and traffic safety,
to preserve the aesthetic quality of the
surrounding area, or for any other valid
public purpose. The city reserves the
right to either deny an application which
otherwise meets the requirements of this
subsection, or to require the proprietor to
meet additional terms and conditions for
issuance of a permit beyond the requirements set forth in this subsection if, in
the reasonable determination of the city,
either granting the permit, or granting it
without such additional terms and conditions, would not adequately protect and
preserve the rights, privileges, and property of the city or its residents, or would
not adequately protect or preserve the
peace, safety, health, welfare, comfort or
convenience of the city's residents.
(11) The city planner may order the immediate removal of any such temporary sign
in the event such sign is causing a hazard
to public safety, health or welfare, is interfering with the unobstructed passage of
pedestrians, is unsightly in appearance,
is interfering with the removal of ice and
snow from the public sidewalks, or for
any other reason affecting public safety,
health or welfare.
(12) 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 move the sign inside the building by closing time of the establishment
as required in this subsection;
c. Fails to pay the fee for issuance or renewal of the permit;
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
e. Creates or allows to exist a safety hazard in connection with the placement of
the sign.
Upon occurrence of any of the events
described in this subsection, the city
clerk shall give the proprietor of such
establishment seven days' written notice
of revocation of the permit, and the permit holder shall thereupon immediately
cease to place any suchsign on the public sidewalk adjacent to the proprietor's
establishment.
(13) The permit holder may appeal the
revocation of the permit by written notice
of appeal mailed or delivered to the city
clerk within ten days of the date of notice
of revocation. The administration committee of the city council shall conduct
a hearing within 20 days of the date of
the notice of appeal. The permit holder
shall be notified in writing of the time
and place of hearing thereon, and shall
be afforded an opportunity to present
information to the committee, following
which the committee shall issue a written decision within ten days of the date of
the hearing, either affirming or reversing
the revocation of the permit. The decision
of the administration committee shall be
final. During the pendency of the appeal,
the permit holder shall not be allowed to
place the sign on the public sidewalk.
(14) The city shall retain the right to terminate any permit granted under this subsection upon seven days' written notice,
and may require the removal of the sign
from the public sidewalk adjacent to an
establishment, if the city council, after
due consideration, determines that there
is a reasonable and substantial need for
the use of the public right-of-way being
occupied by such sign, for a valid public
purpose. The determination of the city
council shall be final, and there shall be
no right of appeal from such decision.
(15) A permit for a temporary movable
sign shall not be issued under this subsection unless the applicant, at the time
of filing an application for issuance or
renewal of a permit, furnishes proof of
insurance and indemnification of the city
that meets the following requirements:
a. Commercial general liability insurance
coverage in the amount of $1,000,000.00
per occurrence and $2,000,000.00 in the
aggregate for bodily injury and property
damage, with the city to be named as an
additional insured on the policy, with an
endorsement to be issued as part of the
insurance policy, evidencing compliance
with this requirement; and
b. An indemnification agreement on a
form furnished by the city clerk, under
which the proprietor agrees to indemnify
and hold the city harmless from any liability for damages arising out of the placement of the temporary movable sign in
the public right-of-way.
(Code 2017, § 23-65; Ord. No. 2141, § 1,
4-22-1996; Ord. No. 2578, § 1, 6-12-2006;
Ord. No. 2647, §§ 1, 2, 2-25-2008; Ord.
No. 2798, §§ 1, 2, 9-9-2013)
Sec. 19-94. Use of public sidewalks for
sidewalk cafes.
(a) Sidewalk cafes shall only be permitted
in those areas of the city which meet all
of the following requirements:
(1) Are within the public right-of-way of
the city;
(2) Are within those areas of the city that
are zoned C-3 Commercial District under
the zoning chapter;
(3) Are within an area of the public sidewalk where the public right-of-way directly abuts on a private building line; and
(4) Meet all of the other requirements of
this division.
(b) The sidewalk cafe area must be adjacent to and contiguous with one side
of the building it serves, and in which a
restaurant is located and operating, and
may not extend beyond the side property
lines of such building as extended to the
adjacent street.
(c) There must be a minimum of five feet
of unobstructed public sidewalk between
the boundary of the sidewalk cafe area
and the curb line of the public street, free
of any lampposts, public benches, planters, trees, tree grates, or other public fixtures located within the public sidewalk,
in order to allow for the free passage of
pedestrian traffic on the adjacent public
sidewalk; provided, however, that the
city may, in granting the sidewalk cafe
permit, require more than five feet of unobstructed public sidewalk clearance for
any sidewalk cafe if, in the reasonable
determination of the city, such additional
clearance is necessary in the interests of
public safety, health, or welfare, in light of
the peculiar circumstances involved with
the particular cafe permit application, the
configuration of the proposed sidewalk
cafe permit, and the physical characteristics of the public sidewalk, parking areas
and streets adjacent thereto.
(d) The sidewalk cafe area shall maintain
a minimum of a two-foot clearance on
each side of any doorway leading from
the building onto the public sidewalk.
(e) Any sidewalk cafe area that serves
alcoholic beverages must be situated so
that no part of the sidewalk cafe area is
less than 300 feet from the boundary of
any area of the city that is zoned residential under the zoning chapter.
(f) No part of the sidewalk cafe area shall
be located within that portion of the
public sidewalk lying between the lines
formed by the extension of the exterior
building lines to the adjacent intersecting
streets, or within ten feet of any public
alley.
(g) The sidewalk cafe area shall be delineated by, and the sidewalk cafe elements
divided from, that portion of the adjacent
public sidewalk lying outside of the sidewalk cafe area, by a barrier at least three
feet in height, consisting of:
(1) Fencing or other rigid structure; or
(2) Ropes of a design or type approved by
the director of public works and the design committee of the respective district.
(h) All sidewalk cafe elements must either:
(1) Be removed from the public right-ofway within 30 minutes of the closing time
of the sidewalk cafe each night, restoring
the sidewalk cafe to its normal condition
as a pedestrian walkway; or
(2) Be orderly secured within 30 minutes
after the closing time of the sidewalk cafe
each night, by means of chains and locks
or some other secure means, in such a
way that such cafe elements cannot be
used to cause damage to persons or
property. If the proprietor attaches any
sidewalk cafe elements to approved
public property, the proprietor shall be
responsible for restoring property to its
original condition or condition of suitable
agreement with the city, such as seasonal plugs, whenever the elements are
removed per subsection (n) of this section. Upon completion of the repairs, the
city will inspect for compliance.
a. The proprietor may select either of
the above alternatives, provided that, if
the proprietor selects the alternative set
forth in subsection (h)(2) of this section,
the proprietor shall be responsible for insuring that such sidewalk cafe elements
do not cause damage to persons or property and do not inhibit or obstruct regular sidewalk maintenance including, but
not limited to, ordinary repair and snow
removal. Except as expressly provided
for in subsection (h)(2) of this section,
no property shall be stored on the public
right-of-way.
b. Notwithstanding the provisions of
subsection (h)(2) of this subsection, if the
proprietor elects to close the sidewalk

cafe during certain times of the year, as
provided for in section 19-96(10), then
all sidewalk cafe elements shall be removed.
(i) Sidewalk cafe elements may consist
of tables, chairs, fencing, planters and
plants, and umbrellas and awnings and
similar fixtures if approved by the city as
part of the sidewalk cafe permit process.
(j) A sidewalk cafe may not use or incorporate into the sidewalk cafe area any
public fixtures such as benches, seats,
planters, trash receptacles, lampposts,
or any other publicly owned structures
located in any part of the public rightof-way.
(k) Except as otherwise expressly provided in subsection (h)(2) of this section,
stacking of chairs or tables in the sidewalk cafe area is not permitted at any
time.
(l) Outdoor heaters are allowed if approved by the city as part of the sidewalk
cafe permit process, or subsequently approved by the city in the same manner as
the sidewalk cafe permit.
(m) No advertising or signage shall be
permitted in a sidewalk cafe area except
that the name of the establishment may
be printed on chairs, tables, umbrellas or
other amenities as approved by the city.
(n) In the event of any damage to the surface of any part of the public sidewalk lying within or immediately adjacent to the
confines or boundaries of the sidewalk
cafe area, the proprietor of the sidewalk
cafe and the adjacent restaurant shall repair the damage to the specifications of
the director of public works of the city.
If the proprietor fails or refuses to repair
such damage within 30 days after written
notice from the city to do so, the director
of public works of the city shall cause the
work to be done and billed to the proprietor. All costs, including administration
and city staff time shall be computed and
will be invoiced as part of the project.
Any failure of the proprietor to reimburse
the city for the cost of such work shall
be grounds for termination of the proprietor's sidewalk cafe permit. Any such
costs shall be deducted from the proprietor's cash deposit, and the balance may
be collected from the proprietor by legal
proceedings instituted by the city, including placing a lien on the property.
(o) The sidewalk cafe shall be equipped
with an inside or outside water source to
clean the sidewalk cafe area, as provided
in section 19-95(5).
(p) No bottles, cans or pitchers shall be
used to serve beverages.
(q) The city reserves the right to limit the
number of permits issued for sidewalk
cafes if necessary to maintain adequate
pedestrian flow, to permit adequate access to building entrances, to safeguard
pedestrian and traffic safety, to preserve
the aesthetic quality of the surrounding
area, or for any other valid public purpose.
(Code 2017, § 23-68; Ord. No. 2827, § 2,
9-2-2014)
Sec. 19-97.
Review of application.
(a) The city clerk shall submit a copy of
the application and all accompanying
documents to the following city staff for
review and for either approval or denial:
(1) The city building official.
(2) The city fire chief.
(3) The city police chief.
(4) The city planning and community services manager.
(5) The city director of public works.
(b) Within 15 days after receipt of such
documents, each such city official shall
forward to the city clerk his approval or
denial of the application, and in case of
denial, the reason or reasons for denial.
The applicant shall be notified of the results of the reviews and shall be afforded
a period of 15 days to supplement, correct or modify the application to address
the city officials' reasons for denial.
(c) If the city officials all approve the application, and the applicant has complied
with all other requirements of this division, the city clerk shall issue a sidewalk
cafe permit to the applicant, including the
requirement for city council approval of a
public right-of-way easement agreement.
(d) After 30 days from the date of filing of
the application, if the applicant has not
received all necessary city staff approvals, or if the application has been denied
by one or more of such city officials, the
application shall be considered denied.
The applicant may file a written appeal of
the denial to the administration committee of the city council within 45 days of
the date of original filing of the application with the city clerk. The administration committee shall schedule a hearing
within 20 days of the date of the notice
of appeal. The applicant shall be notified
in writing of the date, time and place of
hearing. The committee shall afford the
applicant the opportunity to present information to the committee in support
of the application. Within ten days after
such hearing, the administration committee shall issue its decision, which may
either affirm or reverse the denial of the
application, or affirm the application subject to certain conditions. The decision
of the administration committee shall be
final. No new application for a sidewalk
cafe permit shall be submitted by the
same applicant for the same location for
a period of six months from the date of
the decision of the administration committee denying any application for a sidewalk cafe permit.
(e) If the application is granted by the city
officials or by the administration committee after appeal, the city clerk shall issue
the sidewalk cafe permit for a period of
one year, or until the date for renewal of
the applicant's liquor control license or
wine or beer permit, whichever is less.
Thereafter, the permit shall be applied
for, and, if approved as provided herein,
issued, for successive one-year periods
that run concurrent with the applicant's
liquor control license or wine or beer permit. If the application does not include a
request to serve alcoholic beverages, the
initial permit and all renewal permits shall
be issued for a one-year period.
(f) The city reserves the right to either
deny an application for a sidewalk cafe
permit which otherwise meets the requirements of this division or to require
the proprietor to meet additional terms
and conditions for issuance of a permit
beyond the requirements set forth in this
division if, in the reasonable determination of the city, either granting the sidewalk cafe permit, or granting it without
such additional terms and conditions,
would not adequately protect and preserve the rights, privileges, and property
of the city or of its residents, or would
not adequately protect or preserve the
peace, safety, health, welfare, comfort
and convenience of the city's residents.
(Code 2017, § 23-71; Ord. No. 2827, § 5,
9-2-2014)
Sec. 19-185. Removal of snow and ice.
The abutting property owner is responsible for the removal of the natural accumulations of snow and ice from the
sidewalks abutting the property owner's
property within a reasonable amount of
time. The abutting property owner shall
be liable for damages caused by the
failure of the abutting property owner
to use reasonable care in the removal
of the snow or ice. If the abutting property owner fails to remove the natural
accumulations of snow or ice within a
reasonable amount of time, the public
works department may have the natural
accumulations of snow or ice removed
without notice to the property owner.
Upon completion of the work, the public
works director shall prepare and submit
to the city council an itemized and verified statement of the costs and a legal
description of the property, and the costs
shall be assessed against the abutting
property for collection in the same manner as a property tax. The assessment
of such costs against the property does
not relieve the abutting property owner
of liability for damages imposed by this
section. The city does not have a duty to
remove natural accumulations of snow or
ice from the sidewalks.
(Code 2017, § 23-134; Ord. No. 2410, §
2, 1-13-2003)
Section 7. Section 23-71, Duty to Erect
and Maintain Signs, Section 23-72, Authority To Place Traffic Control Devices,
Section 23-73, Placement Of One-Way
Street Signs, Section 23-74, Marking Of
Traffic Lanes, Section 23-75, Marking Of
Turn Lanes, Section 23-76, Placement
Of Stop Signs At Intersections, Section
23-77, Establishment Of Crosswalks And
Safety Zones, Section 23-78, Placement
Of Stop Signs At School Zones, Section 23-79, Erection Of Automatic Stop
Signals At School Zones, Section 23-80,
Painting Of Curbs Or Erection Of Signs
Prohibiting Parking Or Standing, Section
23-81, Regulation Of Parking Adjacent To
Schools, Section 23-82, Establishment Of
Temporary No Parking Zones And OneWay Streets, Section 23-83, Marking Of
Parking Spaces, of Division 2, Department Of Municipal Operations And Programs Traffic Standards, of Article II, Administration and Obedience; and Section
23-388, Prohibited Parking During Snow
Removal, of Division 1, Generally, of Article IV, Stopping, Standing And Parking,
of Chapter 23, Traffic And Motor Vehicles,
of the Code of Ordinances of the City of
Cedar Falls, Iowa, are hereby repealed
in their entirety, and new Sections 2372, 23-73, 23-74, 23-75, 23-76, 23-77,
23-78, 23-79, 23-80, 23-81, 23-82, 23-83
and 23-388 are enacted in lieu thereof,

as follows:
DIVISION 2. DEPARTMENT OF PUBLIC
WORKS TRAFFIC STANDARDS
Sec. 23-71. Duty to erect and maintain
signs.
It shall be the duty of the department of
public works to cause necessary and appropriate signs to be posted and maintained along the streets designated in
this chapter, informing the general public of restrictions on parking, speed and
other traffic restrictions.
(Code 2017, § 26-62)
Sec. 23-72.
Authority to place traffic
control devices.
The department of public works may
place and maintain such traffic control
devices as it may deem necessary to
guide or warn traffic.
(Code 2017, § 26-63)
Sec. 23-73.
Placement of one-way
street signs.
Whenever any ordinance of the city designates any one-way street or alley, the
department of public works shall supervise the placing and maintaining of signs
giving notice thereof, and no such regulation shall be effective unless such signs
are in place. Signs indicating the direction of lawful traffic movement shall be
placed at every intersection where movement of traffic in the opposite direction
is prohibited.
(Code 2017, § 26-64)
Sec. 23-74.
Marking of traffic lanes.
(a) The director of the public works is
hereby authorized to supervise the marking of the traffic lanes upon the roadway
of any street or highway where a regular
alignment of traffic is necessary.
(b) Where such traffic lanes have been
marked it shall be unlawful for the operator of any vehicle to fail or refuse to keep
such vehicle within the boundaries of any
such lane, except when lawfully passing
another vehicle, or preparatory to making
a lawful turning movement.
(Code 2017, § 26-65)
Sec. 23-75.
Marking of turn lanes.
The director of public works may cause
markers, buttons or signs to be placed
within or adjacent to intersections and
thereby require and direct that a different
course from that specified in section 23325 be taken by vehicles turning at intersections, and, when markers, buttons or
signs are so placed, no driver of a vehicle
shall turn at an intersection other than as
directed and required by such markers,
buttons or signs.
(Code 2017, § 26-66)
Sec. 23-76.
Placement of stop signs at
intersections.
Whenever any ordinance of the city designates and describes a through street,
it shall be the duty of the department of
public works to supervise the placing and
maintenance of a stop sign on each and
every street intersecting such through
street or intersecting that portion thereof
described and designated as such by
any ordinance of the city, unless traffic at
any such intersection is controlled at all
times by traffic control signals; provided,
however, that at the intersection of two
such through streets or at the intersection of a through street and a heavy traffic
street not so designated, stop signs shall
be erected at the approaches of either of
such streets as may be determined by
the department director upon the basis
of a traffic study.
(Code 2017, § 26-67)
Sec. 23-77.
Establishment of crosswalks and safety zones.
The director of public works is hereby
authorized to:
(1) Designate and supervise maintenance, by appropriate devices, marks or
lines upon the surface of the roadway,
of crosswalks at intersections where in
the opinion there is particular danger to
pedestrians crossing the roadway, and
at such other places as the director may
deem necessary.
(2) Establish safety zones of such kind
and character and at such places as the
director may deem necessary for the protection of pedestrians.
(Code 2017, § 26-68)
Sec. 23-78.
Placement of stop signs at
school zones.
The department of public works shall
conspicuously place stop signs bearing
the words "Stop School Zone" at the
places designated by the council. Such
signs shall be of sufficient size to be easily readable at a distance of 100 feet by
persons using such streets.
(Code 2017, § 26-69)
Sec. 23-79.
Erection of automatic stop
signals at school zones.
The department of public works may
cause to be erected automatically controlled school stop signs in place of movable school stop signs, and all motor
vehicles approaching such zone when
the automatic signal is in operation and
displaying a flashing red light or steady
red light shall stop and proceed only
when the automatically controlled school
stop sign changes to flashing amber or
green or yellow.
(Code 2017, § 26-70)
Sec. 23-80.
Painting of curbs or erection of signs prohibiting parking or standing.
(a) Where, because of restrictions for
visibility and where standing or parked
vehicles could constitute a hazard to
moving traffic, the director of public
works, as traffic conditions require, may
cause curbings or portions of streets to
be painted with a yellow or orange color,
or erect "No Parking or Standing" signs
prohibiting parking or standing, and it
shall be unlawful for the operator of any
vehicle to stand or park a vehicle in an
area so painted or signposted.
(b) Immediately upon causing curbs to
be painted or signs erected, the director shall notify the council in writing of
the director's action, setting forth the
area painted or posted and the reasons
therefor. The council, at the next regular
meeting, shall approve the actions of the
director, or refuse to approve the actions
and order the signs or the paint removed.
(c) The city council may also, on its own
motion, by ordinance, as traffic conditions require, prohibit parking on certain
streets; and when the council has so determined the director shall cause curbs
to be painted or signs to be posted as
directed.
(Code 2017, § 26-71)
Sec. 23-81.
Regulation of parking adjacent to schools.
(a) The department of public works is
hereby authorized to erect signs indicating no parking upon either or both sides
of any street adjacent to any school
property when such parking would, in its
opinion, interfere with traffic or create a
hazardous situation.
(b) When official signs are erected indicating no parking upon either side of a
street adjacent to any school property
as authorized in this section, no person
shall park a vehicle in any such designated place.
(Code 2017, § 26-72)
Sec. 23-82.
Establishment of temporary no parking zones and one-way
streets.
(a) The chief of police and director of
public works, or persons designated
by them, are hereby authorized to prohibit parking on streets within the city
on a temporary basis and to establish
temporary one-way traffic on streets to
expedite traffic when a special event or
unusual circumstance occurs in the city
which creates an unusually large volume
of traffic which, in the opinion of the chief
of police, director of public works or others authorized by them, creates hazards
to traffic and pedestrians.
(b) Whenever the chief of police, director
of public works or persons authorized by
them shall temporarily prohibit parking
on a street or temporarily establish oneway traffic on a street, they shall cause
appropriate notice to be given with a
means of notice reasonably calculated to
give notice to operators of motor vehicles
of the prohibited parking or the one-way
traffic movement. Such notice may be by
special signs or by a temporary alteration
of the existing signs or signing method
which may be deemed appropriate, or by
direction of individuals authorized by the
chief of police to direct such traffic and
such parking.
(Code 2017, § 26-73)
Sec. 23-83. Marking of parking spaces.
(a) The department of public works is
hereby directed and authorized to mark
off individual parking spaces in parking
meter zones designated and described
in section 23-411, and in all other areas
where parking in stalls is desired and
authorized within the city. Such parking spaces shall be designated by lines
painted or durably marked on the curbing
or surface of the street.
(b) At each space so marked, it shall be
unlawful to park any vehicle in such a
way that such vehicle shall not be entirely
within the limits of the space so designated.
(Code 2017, § 26-74)
Sec. 23-388.
Prohibited parking during
snow removal.
(a) Whenever the mayor or director of
public works or the director's designee
finds on the basis of excess accumulation of snow, that weather conditions
have created or are likely to create hazardous road and driving conditions which
will impede or are likely to impede movement of fire, health, police, emergency
or other vital vehicular traffic, the mayor
or director of public works or the direc-

tor's designee may declare a snow emergency, and declare that snow removal
from priority streets shall begin and shall
prohibit parking or stopping of vehicles
on designated snow removal routes.
While the snow emergency is in effect,
no person shall park, abandon or leave
unattended any vehicle upon any snow
removal route or portion of such route, as
designated as such by subsection (d) of
this section. Each street designated as a
snow removal route shall be marked with
signs displaying the words, "Emergency
Snow Route." A snow removal parking
ban shall continue from its declaration
through the duration of the snow storm,
and until the mayor or director of public
works or the director's designee issues
notice that the snow emergency is at an
end. The public will be notified via local
radio, television and newspaper when
the snow emergency begins and is concluded. The parking prohibition on snow
removal routes shall not go into effect
until two hours after the snow emergency
has been declared in accordance with
this section. Termination of the parking
prohibition shall be effective immediately
upon the announcement that the snow
emergency is at an end.
(b) When it is declared that snow removal
operations are to begin, it shall be unlawful for the driver of any vehicle to impede
or block traffic on designated snow removal routes.
(c) Any police officer of the city police
operations division, including duly authorized volunteer officers, or the director of
public works or the director's designee
shall be authorized to cause the towing
of vehicles blocking traffic or parking on
designated snow removal routes during
snow removal operations in violation of
this section. The owner of the vehicle
shall pay the costs of towing and storage occasioned by the removal of the
vehicle as provided herein. In addition
any police officer of the city police operations division, including duly authorized
volunteer officers, the director of public
works or the director's designee shall
be authorized to issue parking tickets
for violations of this section, parking on
designated snow removal routes during
snow removal operations.
(d) Priority snow removal routes are designated as follows:
Street
Portion Where
Parking Prohibited
Second Street
From State Street to
Franklin Street
Third Street From State Street to Franklin
Street
Fourth Street
From State Street to
Washington Street
Fifth Street
From State Street to
Washington Street
Sixth Street From State Street to Clay
Street
18th Street (West) From College Street to
Hudson Road
23rd Street
From College Street to
Merner Avenue
Clay Street
From First Street to Sixth
Street
College Street From University Avenue to
18th Street
Division Street From Eighth Street to 12th
Street
Franklin Street From Sixth Street to First
Street
Main Street
From First Street to Sixth
Street
Orchard Drive From South Main Street to
Cedar Heights Drive
State Street From First Street to Sixth
Street
Walnut Street From First Street to 18th
Street
Washington Street From First Street to
Sixth Street
(e) Special penalty. Any person violating
this parking ban shall be fined $25.00 for
each offense, in addition to the costs of
towing and storage.
(f) In any proceeding for violation of this
section, the registration plates displayed
on a motor vehicle involved in such violation shall constitute in evidence a prima
facie presumption that the registered
owner of such motor vehicle was the
person who parked or placed such motor
vehicle at the point where such violation
occurred.
(Code 2017, § 26-281; Ord. No. 2679, § 1,
3-9-2009; Ord. No. 2855, § 1, 10-19-2015)
Section 8. Section 24-6, Relocation of
Utility Facilities Underground, of Article I,
In General, of Chapter 24, Utilities, of the
Code of Ordinances of the City of Cedar
Falls, Iowa, is hereby repealed in its entirety, and new Section 24-6 is enacted in
lieu thereof, as follows:
Sec. 24-6. Relocation of utility facilities
underground.
(a) Assessment of utilities.
(1) Upon adoption of the ordinance from
which this article is derived and periodically thereafter, but at intervals of not
more than four years, the director of public works of the city, in consultation with
the general manager of the city utilities,
shall assess the condition of aboveground electric, telephone, cable or video
systems, internet or other telecommunications utilities facilities, including poles,
guy wires, lines, and other aboveground
infrastructure within the city.
(2) At intervals of not more than four years
from and after adoption of the ordinance
from which this article is derived, the
general manager of the city utilities shall
submit a proposed long-range, underground and aboveground master plan or
plans of the city utilities infrastructure to
the director of public works of the city.
Such plan or plans shall designate the locations within the city where then-existing and future planned city utilities infrastructure should be placed underground,
or should remain or be placed overhead.
Such plan or plans shall be based upon
factors such as the age, size, type and
condition of the then-existing and future planned utilities infrastructure; city
and/or city utilities plans to reconstruct
streets, sidewalks, sanitary and storm
sewer facilities, and other public infrastructure along city streets; the age, size
and condition of trees along the public
right-of-way; whether the public right-ofway lies within the 500-year flood level;
the available width of public right-of-way
for installation and maintenance of city
utilities lines and service boxes; appropriateness of placement, installation
and maintenance of high-voltage and/or
high-amperage electric lines and related
facilities; the availability of federal or
state disaster-related grants or funds to
replace aboveground utilities infrastructure that may be conditioned upon such
replacement infrastructure being placed
either aboveground or underground; and
other relevant factors, including, without
limitation, matters relating to public safety, health, welfare, convenience, aesthetics, economy, energy conservation, and
availability of services.
(3) After submission of such plan, consultation with the general manager of
the city utilities regarding such plan, and
such investigation as shall be determined
appropriate by the director of public
works of the city, said long-range plan
or plans may be approved by the director of public works of the city, in whole
or in part, or may be modified in whole or
in part, as deemed appropriate by such
directors. After such long-range plan or
plans have been reviewed, approved,
and/or modified, in whole or in part, such
plan or plans shall serve as the guide for
installation of city utility facilities and infrastructure either aboveground , or underground, as the case may be, within
the city, for the subsequent four-year
period.
(b) When the director of public works of
the city reasonably determine that the
aboveground utilities facilities in a particular block or blocks of the city should
be relocated underground, by reason of
the age and condition of the aboveground utilities infrastructure, city and/or
city utility plans to reconstruct streets,
sanitary and storm sewer facilities and
other public infrastructure along streets,
the age, size and condition of trees along
the public right-of-way, or other relevant
factors, including without limitation public safety, health, welfare, convenience,
aesthetics, economy, energy conservation, and availability of services, the director of public works shall cause a written notice to be sent by certified mail to
each public utility whose services make
use of any of the aboveground utilities
infrastructure in that particular block or
blocks of the city. Such notice shall be
given at least 180 days prior to the date
work installing such utilities facilities underground shall commence. The notice
shall include an order that the identified
facilities shall be removed from poles and
placed underground as provided in this
chapter. The notice shall provide a date
certain by which time the facilities must
be placed underground. The director of
public works shall coordinate a meeting among all affected public utilities, to
plan for the work necessary to install all
such utilities facilities underground. To
the maximum extent practicable, the city
shall endeavor to cause all of such utilities providers to install their utilities facilities underground in a common trench,
and at the same time, in order to minimize disruption in the public right-of-way,
and to cause said utilities facilities to be
installed underground in the most economically feasible manner for both the
city and for all such public utility providers. Any facility not placed underground

in a common trench must nonetheless be
placed underground in a location consistent with city allocation of uses of the
right-of-way as approved by the director
of public works. In directing placement of
facilities underground, the director may
exempt facilities or portions of facilities
that cannot be undergrounded safely or
without adversely affecting the reliability
or functionality of such facilities or portions of such facilities.
(c) The city director shall ensure that the
decision to relocate the utility facilities
underground in such area and any exemptions granted, are made in an open,
comparable, non-discriminatory and
competitively neutral basis among the
public utility providers.
(d) If any utility provider objects to the
determination of the city to cause said
utilities' facilities to be installed underground, such utility provider shall file
a written notice of appeal with the city
council, by filing the notice of appeal with
the city clerk, within 90 days of the date
the notice to install the facilities underground is mailed to such utility provider.
The city council, or the administration
committee of the city council, as the
case may be, shall hold a hearing on the
petitioner's appeal within 60 days of the
date of receipt of the notice of appeal.
The petitioner may present written and
oral evidence at the hearing in support
of its appeal, and may be represented
by counsel at its own expense. The city
director of public works along with any
other appropriate witnesses shall appear
at the hearing, and shall present written and oral evidence in support of the
notice to require the utilities' facilities to
be installed underground, and shall be
represented by the city attorney. At the
conclusion of the hearing, the city council, or the administration committee of
the city council, as the case may be, shall
close the hearing, and shall issue a written decision on the appeal within 20 days
of the date of closing of the hearing on
the appeal.
(e) In considering the appeal, the city
council or administration committee, as
the case may be, shall determine whether the decision of the director of public
works complies with the purposes stated
in this chapter, and if there is a reasonable factual basis for the determination of
said official that the public utilities facilities in the area in question should, in the
interests of public safety, health, welfare,
convenience, aesthetics, economy, energy conservation, reliability of services
and other relevant factors, be relocated
underground; and whether the decision
of said official regarding the relocation
of the utilities facilities underground has
been exercised in an open, comparable,
non-discriminatory and competitively
neutral basis among all such public utility providers.
(Code 2017, § 27-6; Ord. No. 2717, § 1,
9-13-2010; Ord. No. 2791, § 1, 4-22-2013)
INTRODUCED:
May 6, 2019
PASSED 1ST CONSIDERATION:
May 6, 2019
PASSED 2ND CONSIDERATION:
May 20, 2019
PASSED 3RD CONSIDERATION:
June 3, 2019
ADOPTED:
June 3, 2019
James P. Brown, Mayor
ATTEST:
Jacqueline Danielsen, MMC, City Clerk
ORDINANCE NO. 2942
AN ORDINANCE REPEALING THE FOLLOWING SECTIONS OF THE CODE OF
ORDINANCES OF THE CITY OF CEDAR
FALLS, IOWA, AND ENANCTING IN LIEU
THEREOF, NEW SECTIONS WITH THE
SAME NUMERICAL DESIGNATION AS
THOSE REPEALED: (1). SUBSECTION
15-2(20), NUISANCE DEFINED; CERTAIN
ACTS, CONDITIONS DECLARED AS NUISANCES, OF ARTICLE I, IN GENERAL,
OF CHAPTER 15, NUISANCES; (2). SECTION 17-40, SUPERVISION; APPOINTMENT OF ARBORIST SUPERVISOR,
SECTION 17-41, DUTIES OF ARBORIST
SUPERVISOR, SECTION 17-42, ACTING
ARBORIST SUPERVISOR, OF DIVISION
2, ARBORIST SECTION; AND SECTION 17-75, SUPERVISION; APPOINTMENT OF CEMETERY SUPERVISOR,
SECTION 17-86, CARE OF CEMETERY
LOTS, SECTION 17-88, PLANTING OF
TREES, SHRUBS, ETC., ON CEMETERY
LOTS, AND SECTION 17-89, CUTTING
OR REMOVAL OF TREES AND SHRUBS
IN CEMETERIES, OF DIVISION 3, CEMETERY SECTION, OF ARTICLE II, ARBORIST AND CEMETERY SECTIONS,
OF CHAPTER 17, PARKS AND RECREATION; (3). SECTION 17-231, PERMIT
FOR PLANTING, TRIMMING OR OTHER
WORK, SECTION 17-232, TREE TRIMMER’S LICENSE, SECTION 17-236,
FASTENING SIGNS, WIRES, ETC., SECTION 17-237, DEPOSIT OR STORAGE
OF MATERIALS IMPEDING PASSAGE
OF WATER AND AIR TO ROOTS, SECTION 17-245, FAILURE TO DESTROY INFECTED TREES OR WOOD; DESTRUCTION BY CITY, OF ARTICLE VI, TREES
AND SHRUBS, OF CHAPTER 17, PARKS
AND RECREATION; (4). CONFORMING
TITLES TO SUBSECTIONS, SECTIONS,
DIVISIONS, AND ARTICLES ACCORDINGLY.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CEDAR FALLS, IOWA:
Section 1. Subsection 15-2(20), Nuisance Defined; Certain Acts, Conditions
Declared As Nuisances, of Article I, In
General, of Chapter 15, Nuisances, of the
Code of Ordinances of the City of Cedar
Falls, Iowa, is hereby repealed in its entirety and new Subsection 15-2(20) is enacted in lieu thereof, as follows:
Sec. 15-2.
Nuisance defined; certain
acts, conditions declared as nuisances.
Whatever is injurious to the senses or an
obstruction to the free use of property so
as essentially to interfere with the comfortable enjoyment of life or property by
the public or community shall be deemed
a nuisance. Nuisances shall include, but
shall not be limited to, the following:
*
*
*
(20) Trees infected with infectious disease as identified by the city arborist
or operations and maintenance division
manager; or any dead, diseased or damaged trees or plant materials which may
harbor serious insect or disease pests or
disease injurious to other trees or plant
materials, or any healthy tree in such a
state of deterioration that any part of
such tree is likely to fall and damage
property or cause injury to persons. The
stump of any tree that is removed must
be cut flush with ground level, unless the
stump is made into a decorative, tasteful
yard element.
Section 2. Section 17-40, Supervision;
Appointment of Arborist Supervisor, Section 17-41, Duties Of Arborist Supervisor,
Section 17-42, Acting Arborist Supervisor, of Division 2, Arborist Section; and
Section 17-75, Supervision; Appointment Of Cemetery Supervisor, Section
17-86, Care of Cemetery Lots, Section
17-88, Planting of Trees, Shrubs, Etc., on
Cemetery Lots and Section 17-89, Cutting or Removal of Trees and Shrubs in
Cemeteries, of Division 3, Cemetery Section, of Article II, Arborist and Cemetery
Sections, of Chapter 17, Parks And Recreation, of the Code of Ordinances of the
City of Cedar Falls, Iowa, are hereby repealed in their entirety and new Sections
17-40, 17-41, 17-42, 17-75, 17-86, 17-88,
and 17-89 are enacted in lieu thereof, as
follows:
Sec. 17-40. Supervision; appointment
of arborist.
The arborist section of the public works
department, operations and maintenance
division, shall be under the control of the
arborist, who shall be appointed by the
operations and maintenance manager
of the public works department, and be
directly responsible to the public works
and parks supervisor.
(Code 2017, § 20-91; Ord. No. 2823, § 1,
6-23-2014)
Sec. 17-41.
Duties of arborist .
The arborist shall have the following duties and responsibilities under the supervision of the public works and parks
supervisor:
(1) To cause, unless otherwise provided,
the provisions of this division to be enforced.
(2) To direct, regulate and control the
planting, caring for and removing of all
trees and shrubs growing in the streets,
parks or other public places in the city.
(3) To advise the owners and occupants
of private property regarding the kind,
culture, care and disposal of any tree or
shrub within the city limits.
(Code 2017, § 20-92; Ord. No. 2823, § 1,
6-23-2014)
Sec. 17-42.
Acting arborist.
In the absence of the arborist, the duties
and responsibilities of the arborist enumerated in this division shall be those of
a designee appointed by the operations
and maintenance division manager.
(Code 2017, § 20-93; Ord. No. 2823, § 1,
6-23-2014)
Sec. 17-75.
Supervision; appointment
of cemetery supervisor.
The cemetery section of the department
of public works, operations and maintenance division, shall be under the control
of the cemetery supervisor, who shall be
appointed by the director of public works
upon recommendation of the operations
and maintenance division manager and
be directly responsible to the operations
and maintenance division manager.
(Code 2017, § 20-106; Ord. No. 2823, § 1,

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