AN ORDINANCE RELATING TO RAGBRAI

WHEREAS, the Des Moines Register’s Annual Great Bike Ride Across Iowa (RAGBRAI) is scheduled to arrive in Rockwell City, Iowa on July 26, 2004, and depart July 26, 2004; and

WHEREAS, the enactment of this Ordinance is intended 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 Rockwell City when the Des Moines Register’s Annual Great Bicycle Ride Across Iowa (RAGBRAI) arrives in Rockwell City on July 26, 2004 and departs on July 26, 2004.

WHEREAS, the enactment of this Ordinance is in the best interest of the City of Rockwell City, Iowa.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROCKWELL CITY, IOWA:

Section 1. The Code of Ordinances, City of Rockwell City, Iowa, is hereby amended by adding the following new chapter, which chapter shall read as follows:

Commercial Booth – Permit Required. No person, club, group, organization, corporation or entity of any kind shall provide or sell food to the public in the City of Rockwell City on July 26, 2004, unless said person or entity shall first obtain a Commercial Booth Permit from the Rockwell City RAGBRAI Committee. Only persons or organizations residing or headquartered in Rockwell City, or with strong ties to the Rockwell City community, shall be eligible for a Commercial Booth Permit. Permits will be issued at the discretion of the Rockwell City RAGBRAI Committee. However, any person or entity which is a resident of Calhoun 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 July 26, 2004 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 Calhoun County Pork Producers and the Calhoun County Cattleman’s Association shall each be deemed to be a resident of Rockwell City.

Commercial Booth Fees. The fee for a Rockwell City Commercial Booth Permit shall be $25.00.

Commercial Booth Location. A vendor who has been granted a Rockwell City Commercial Booth permit shall locate its temporary sale facility at a location to be determined by the official Rockwell City RAGBRAI Committee.

Health Regulations. A person or entity issued a Commercial Booth Permit pursuant to this Chapter shall comply with the Iowa Department of Health and Calhoun County Department of Health rules and regulations pertaining to the sale and dispensing of food for consumption on its premises.

Commercial Booth Non-Food – Permit Required. No person, club, group, organization, corporation or entity of any kind which is in business in Rockwell City shall sell merchandise to the public on July 26, 2004, 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 Rockwell City Ragbrai Committee. Only persons or organizations residing or headquartered in Rockwell City, or with strong ties to the Rockwell City community, shall be eligible for a Commercial Booth Permit. Permits will be issued at the discretion of the Rockwell City RAGBRAI Committee. Those Rockwell City businesses which operate only from their regularly established locations are exempt from the requirements of this Section.

Commercial Booth Non-Food Fees. The fee for Rockwell City Commercial Booth Non-Food permit shall be $25.00.

Commercial Booth Non-Food Location. A Commercial Booth Non-Food permittee who has been granted a Rockwell City Commercial Booth Non-Food permit, shall locate its temporary facility at a location to be determined by the Rockwell City RAGBRAI Committee.

Glass Containers. To promote safety during RAGBRAI, all beverages sold in Rockwell City, Iowa, by Commercial Booth permittees, on July 26, 2004, 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.

Nuisance. The sale of food or the erection of a temporary facility for the sale of food or other merchandise without a Rockwell City Commercial Booth or Rockwell City Commercial Booth Non-Food permit on July 26, 2004, in violation of the provisions of this Chapter shall be considered a nuisance, as defined by the City Code of Ordinances. If this type of nuisance is determined to exist, an emergency abatement procedure pursuant to 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 failure to obtain the necessary permit, the RAGBAI Committee, in lieu of immediate abatement, may allow the person or organization to immediately purchase a necessary permit as provided by this Ordinance.

Violations – Penalties. Selling or supplying food or merchandize to any person without a Rockwell City Commercial Booth or Commercial Booth Non-Food Permit on July 26, 2004, 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 the Chapter shall constitute a municipal infraction, as set forth in the City Code of Ordinances and, therefore, any civil penalties may likewise be assessed and enforced as set forth.

Street Closings. During the effective dates of this Ordinance and without prior Council approval regarding the blocking of any city streets, any Rockwell City police officer, or those at their direction, may place barricades or road blocks in any City street, alley or roadway to redirect vehicular traffic in order to enhance the proper and safe flow of bicycle and vehicular traffic within the City limits of Rockwell City.

Superceding. All ordinances or parts thereof in conflict with the provisions of this Chapter are hereby intended to be superceded by this Chapter, during the effective period of this Ordinance.

Section 2. Effective Period. The provisions of this Ordinance shall be effective from 5:00 AM to 5:00 PM on July 26, 2004.

Section 3. Severability 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 4. When Effective. This Ordinance shall be in effect from and after its final passage, approval, and publication as provided by law for the period as set out in Section 2, and shall be repealed on July 26, 2004 at 11:59 PM. Repeal of the Ordinance does not affect enforcement of the Ordinance, including but not limited to, prosecution and collection based upon circumstances that existed during the time of operation of the Ordinance.

Passed and approved this 17th day of May, 2004, by the following vote:

AYES – Hepp, Hendricks, Lange, Kutz
NAYS – None
ABSENT - McCurdy

First Reading – May 3, 2004
Second Reading – May 17, 2004
Third Reading – Waived May 17, 2004

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Phil R. Heinlen, Mayor

ATTEST:
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Kimberly Kelly, City Clerk