Whiner’s

ORDINANCE NO. 22 – 8
 
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF MASON CITY, IOWA TITLE 5 ”PUBLIC WAYS AND PROPERTY” BY ADDING A NEW CHAPTER 5 “RAGBRAI REGULATIONS”

BE IT ORDAINED by the City Council of the City of Mason City, Iowa:

Section 1:  That the City Code of the City of Mason City, Iowa, Title 5 “Public Ways and Property” should be and the same is hereby amended by adding a new Chapter 5 “RAGBRAI Regulations” as follows:

TITLE 5
“PUBLIC WAYS AND PROPERTY”
CHAPTER 5 “RAGBRAI REGULATIONS”

SECTION:
5-5-1: Purpose:
5-5-2: Definitions
5-5-3: For-Profit Vendor (Food/Non-Food) Booth – Permit Required
5-5-4: For-Profit Vendor (Food/Non-Food) Booth Fee Schedule
5-5-5: For-Profit Vendor (Food/Non-Food) Booth Location
5-5-6: Non-Profit Vendor (Food/Non-Food) Booth – Permit Required
5-5-7: Non-Profit Vendor (Food/Non-Food) Booth Fee Schedule
5-5-8: Non-Profit Vendor (Food/Non-Food) Booth Location
5-5-9: Electrical Service
5-5-10: Temporary County License
5-5-11: Insurance
5-5-12: Health Regulations
5-5-13: Refundable Cleanup Deposit
5-5-14. Strolling Vending Fee
5-5-15:  Declining Permit
5-5-16:  Application Deadline
5-5-17 Outdoor Alcoholic Beverage Garden
5-5-18: Open Containers
5-5-19:  Glass Containers
5-5-20:  Motorized Vehicles
5-5-21: Activity in City Parks*
5-5-22: Stopping, Standing or Parking on City Streets
5-5-23: Sign Encroachment
5-5-24  Nuisance – Violations
5-5-25:  Street Closings 
5-5-26: Noise Pollution Control Ordinance (Sound Variance)
5-5-27:  Authority.

5-5-1 PURPOSE: This ordinance is created and enacted to help City officials and citizen deal with the public health and safety problems created by the infusion of a large number of people into the City of Mason City when the Des Moines Register’s Annual Great Bicycle Ride Across Iowa™ (RAGBRAI®) arrives in the City of Mason City on Wednesday, July 27, 2022 and departs on July 28, 2022. It is estimated that the City of Mason City’s population of 27,338 will have an additional 20,000-25,000 visitors in the community during this time period. The arrival of these additional visiting guests in Mason City will cause public safety logistic and health related challenges. The purpose of this ordinance is to address some of those public safety logistics and health related challenges.

5-5-2: DEFINITIONS:

1. As used herein, “food” shall include food products of all kind including food packaged for consumption off premises as well as meals prepared for consumption either on or off premises. Food shall also include beverages of every kind, including both alcoholic and nonalcoholic, except for water provided without cost to the consumer.

1. As used herein, “person” shall include any individual person, club, group, organization, partnership, corporation or entity of any kind.

1. ‘RAGBRAI sanctioned’ shall include authorization granted by the Mason City RAGBRAI Committee.

1. The Mason City RAGBRAI Committee for purposes herein shall be defined as the Advisory Board and the Executive Committee.

5-5-3: FOR-PROFIT VENDOR (FOOD/NON-FOOD) BOOTH – PERMIT REQUIRED: No for-profit person shall provide or sell food or goods to the public in Mason City, Iowa on July 27, 2022 or July 28, 2022 at a location other than their regularly-established place of business unless said person shall first obtain a For-Profit Vendor (food/non-food) Booth Permit from the Mason City RAGBRAI Committee through the Main Street Mason City office located in the North Iowa Commerce Center at 9 North Federal Avenue, Mason City, Iowa. The Mason City RAGBRAI Food and Vendor Committee shall approve all permits.

5-5-4: FOR-PROFIT VENDOR (FOOD/NON-FOOD) BOOTH FEE SCHEDULE: The fee for a For-Profit Vendor (Food/Non-Food) Booth Permit for July 27, 2022 or July 28, 2022 shall be $600.

5-5-5:  FOR-PROFIT VENDOR (FOOD/NON-FOOD) BOOTH LOCATION:  A vendor who has been granted a Mason City For-Profit Vendor (Food/Non-Food) Booth Permit for July 27, 2022 or July 28, 2022 shall locate its temporary sale facility at a location, and only at that location, to be determined by the official Mason City RAGBRAI Committee. The size of the booth will be 15’ x 20’ each and all items must be within the space or a 2nd space must be purchased.

5-5-6:  NON-PROFIT VENDOR (FOOD/NON-FOOD) BOOTH – PERMIT REQUIRED:  No non-profit person of any kind shall provide or sell food or goods to the public in Mason City on July 27, 2022 or July 28, 2022, at any location unless said person or entity shall first obtain a Non-Profit Vendor (Food/Non-Food) Booth Permit from the Mason City RAGBRAI Committee through the Main Street Mason City office located in the North Iowa Commerce Center at 9 North Federal Avenue, Mason City, Iowa. The Mason City RAGBRAI Food and Vendor Committee shall approve all permits.

5-5-7:  NON-PROFIT VENDOR (FOOD/NON-FOOD) BOOTH FEE SCHEDUL:  The fee for a Non-Profit Vendor (Food/Non-Food) Booth Permit for July 27, 2022 or July 28, 2022 shall be $350.

5-5-8:  NON-PROFIT VENDOR (FOOD/NON-FOOD) BOOTH LOCATION:  A vendor who has been granted a Mason City Non-Profit Vendor (Food/Non-Food) Booth Permit for July 27, 2022 or July 28, 2022 shall locate its temporary sale facility at a location, and only at that location, to be determined by the official Mason City RAGBRAI Committee. The size of the booth will be 15’ x 20’ each and all items must be within the space or a 2nd space must be purchased.

5-5-9:  ELECTRICAL SERVICE:  The fee for providing electrical service to each vendor booth for July 27, 2022 and/or July 28, 2022 shall be $50 per booth. Additional charges may apply if more than basic electrical needs are requested.

5-5-10: TEMPORARY COUNTY LICENSE:  A person issued a for-profit or non-profit vendor (food/non-food) booth permit for July 27, 2022 or July 28, 2022 pursuant to this Ordinance shall contact the Cerro Gordo County Health Department at (641) 421-9335 to determine if a temporary county license is needed.

5-5-11: INSURANCE:  All vendors will be required to show proof of liability insurance for operations for July 27, 2022 or July 28, 2022. A copy of the insurance policy must be on file with Main Street Mason City.

5-5-12:  HEALTH REGULATIONS:  A person issued a for-profit or non-profit vendor (food/non-food) booth permit for July 27, 2022 or July 28, 2022 pursuant to this Ordinance shall comply with the Iowa Department of Health and Cerro Gordo County Department of Health rules and regulations governing the sale and dispensing of food for consumption on the premises and with the Iowa Department of Revenue and Finance Rules and Regulations governing sales, including obtaining appropriate permits, pertaining to the sale and dispensing of food for consumption on its premises.

5-5-13:  REFUNDABLE CLEANUP DEPOSIT:  Permitted for-profit and non-profit vendors for July 27, 2022 or July 28, 2022 shall pay, at the time of application, a $100 refundable deposit.  If cleanup of the site is approved, the deposit will be refunded.

5-5-14:  STROLLING VENDING FEE:  A person using a ‘strolling’ (non-motorized) method of distribution while walking or biking and selling non-alcoholic beverages and/or prepackaged snacks (i.e. candy, cookies) in rider-populated camping areas requires payment of a fee to be a strolling vendor. No strolling vendors will be allowed in the downtown area. The Strolling Vendor requires special approval from the Mason City RAGBRAI Committee. The Strolling Vending Fee is $100 (no booth space is included).

5-5-15:  DECLINING PERMIT:  For permits for July 27, 2022 and July 28, 2022, the Mason City RAGBRAI Committee shall approve all permits and have sole discretion to decline to issue a permit for any reason, provided, however, that no applicant for a permit shall be denied based upon any protected class of the applicant by law.

5-5-16:  APPLICATION DEADLINE:  All applications for vendor permits for July 27, 2022 and July 28, 2022 must be received no later than June 3, 2022. Applications received after this date are not ensured of approval and are subject to a $200 late fee. If your application is approved you must then contact the Cerro Gordo County Health Department at (641) 421-9335 to determine if you need a temporary county food license.

5-5-17:  OUTDOOR ALCOHOLIC BEVERAGE GARDEN: The presence of 20,000 to 25,000 extra people in Mason City on July 27, 2022, many of whom may be consuming alcoholic beverages, has the potential to overwhelm local law enforcement personnel. The Mason City RAGBRAI Committee will apply for the necessary licenses and permits to operate an outdoor alcoholic beverage garden on July 27, 2022 and July 28, 2022. Businesses that have an existing liquor license for an outdoor beverage garden in the City of Mason City, Iowa, as of the date of approval of this Ordinance shall be permitted to operate such on July 27, 2022 within the space defined in their license. Those businesses that do not have an existing liquor license for an outdoor beverage garden in the City of Mason City, Iowa, as of the date of approval of this Ordinance will be required to comply with Sections 3 and 4 of this Ordinance in obtaining an outdoor alcoholic beverage garden permit for July 27, 2022.

5-5-18: OPEN CONTAINERS:  The Mason City RAGBRAI Committee will designate a section in the downtown area that will allow for the public consumption of alcoholic beverages by legal age individuals as part of the designated beverage garden area. This area will be designated as the allowable legal age public consumption area.

5-5-19:  GLASS CONTAINERS:  To promote safety during RAGBRAI, all beverages sold in Mason City, Iowa, in the designated allowable legal age public consumption area by For-Profit and Non-Profit Booth permitted vendors on July 27, 2022 and until 10:00 a.m. on July 28, 2022, 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 located in the designated allowable legal age public consumption area selling beverages on its premises in an outdoor setting open to the public on July 27, 2022 and until 10:00 a.m. on July 28, 2022.

5-5-20: MOTORIZED VEHICLES:  The use of motorized vehicles such as golf carts or ATV’s, etc. are prohibited in event venue areas on July 27 and 28, 2022, as designated by the Mason City RAGBRAI Committee, unless specifically authorized by the Mason City RAGBRAI Committee or the City of Mason City for the dates of July 27, 2022 and July 28, 2022. The Mason City Police Department, Mason City Fire Department and Cerro Gordo County Emergency Management personnel in performance of official acts are exempt from this section.

5-5-21: ACTIVITY IN CITY PARKS*:  The following information in this section ‘Activity in City Parks’ applies to July 27, 2022 and 28, 2022 only regarding RAGBRAI sanctioned activity in City Parks in the City of Mason City.

The presence of the large number of support vehicles accompanying RAGBRAI riders may necessitate the need to allow parking of vehicles off of established roads and ways in East Park, West Park, Parker’s Woods and Muse-Norris Softball Complex Parks in Mason City. Sanctioned RAGBRAI vehicles will be allowed to park off of established roads and ways at these locations in Mason City Parks at the authorization and direction of the Mason City RAGBRAI Committee. Official RAGBRAI Support Entities and vendors approved by the Mason City RAGBRAI Committee will be allowed to transact business and to occupy a camp within the listed Mason City’s Parks. The use, possession or consumption of alcoholic beverage will be allowed in East Park, West Park, Parker’s Woods and Muse-Norris Softball Complex in Mason City related to sanctioned RAGBRAI event activities. The curfew for the Mason City Parks of Central Park, East Park, West Park, Parker’s Woods and Muse-Norris Softball Complex will be waived from 11:00 p.m. on July 27, 2022 until 6:00 a.m. on July 28, 2022. The Mason City RAGBRAI Committee may authorize the use and installation of temporary signage in the listed parks to direct RAGBRAI sanctioned participants to designated locations.

*Section 21 of this Ordinance approved by the Park and Recreation Board at its regular meeting on Tuesday, April 12, 2022.

5-5-22:  STOPPING, STANDING OR PARKING ON CITY STREETS:  The presence of a large number of people, bicyclists, vehicles, and other visitors associated with the overnight stop of RAGBRAI in Mason City on July 27, 2022 may include situations where it may be necessary to stop, stand or park a vehicle upon any street including commercial vehicles, semitractor, semitrailer or combination thereof, two (2) or four (4) wheel trailer; motorized home; travel trailer; pickup coach; school bus, or school bus converted for recreational or other purposes for more than four (4) consecutive hours. The types of vehicles will be allowed to park at RAGBRAI sanctioned locations (including approved residential housing locations) for a period of more than four (4) consecutive hours beginning on July 27, 2022 until 5:00 p.m. on July 28, 2022. A situation may include the need to stop, stand or park vehicles for the purpose of loading or unloading of passengers or material in any place marked a loading zone during hours when regulations applicable to such loading zone are effective for a period not to exceed fifteen (15) minutes in RAGBRAI sanctioned areas (including approved residential housing locations). RAGBRAI sanctioned vehicles may be allowed to park for a period of more than fifteen (15) minutes at such loading zones beginning on July 27, 2022 until 5:00 p.m. July 28, 2022.

This section is contingent upon necessary public safety measures being followed and traffic not impeded in order to enhance the proper and safe flow of pedestrian, bicycle and vehicular traffic within the City limits of the City of Mason City. Any Mason City Police Officer in performance of official acts, or those at their direction, may determine the need to take steps pertaining to this section to remedy any situation where public safety measures are not being followed and/or if traffic is impeded.

5-5-23:  SIGN ENCROACHMENT:  This ordinance grants an encroachment for signage to be allowed in all City rights-of-way in the City of Mason City related to sanctioned RAGBRAI information for the RAGBRAI overnight event activities on July 27, 2022 and July 28, 2022 as authorized by the Mason City RAGBRAI Committee.

5-5-24:  NUISANCE – VIOLATIONS:  The sale of food or other merchandise or the erection of a temporary facility for the sale of food or other merchandise without a Mason City For-Profit Vendor Booth Permit or Non-Profit Vendor Booth Permit on July 27, 2022 and July 28, 2022 is in violation of this Chapter shall be considered a nuisance of the Municipal Code. If this type of nuisance is determined to exist by the Mason City RAGBRAI Committee, an emergency abatement procedure is hereby authorized and may be executed by any peace officer or those acting at their discretion by dismantling and removing the nuisance without notice.
 
5-5-25:  STREET CLOSINGS:  During the effective dates of this ordinance, various streets, alleys or roadways will be closed to ensure the safety or RAGBRAI riders. However, without prior Council approval, additional blocking of any city streets, alleys or roadways may be necessary, which any Mason City Police Officer in performance of official acts, 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 the City of Mason City.

5-5-26:  NOISE POLLUTION CONTROL ORDINANCE (SOUND VARIANCE):  The Noise Pollution Control Ordinance is waived for sanctioned RAGBRAI activities beginning at 10:00 a.m. on July 27, 2022 until 1:00 a.m. on July 28, 2022 during the RAGBRAI overnight stay in Mason City on July 27, 2022.

5-5-27:  AUTHORITY:  Any and all issues and appeals regarding this ordinance will be brought to the local Mason City RAGBRAI Committee and the City of Mason City for resolution.

5-5-28:  EFFECTIVE:  The provisions of this Ordinance shall be effective from and after the final passage, approval and publication as provided by law by the Mason City City Council and remain in effect until 5:00 p.m. on July 28, 2022 with the exception to dates outlined in each section of this Ordinance.

Section 2:  All previous ordinances or parts of such ordinances in conflict with provisions of this Ordinance are hereby repealed for the time period designated in sections of this Ordinance.
Section 3:  If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section thereof, or part thereof, not adjudged invalid or unconstitutional. 
PASSED AND APPROVED this 19th day of April, 2022.

/s/Bill Schickel 
Bill Schickel, Mayor

ATTEST:
/s/Aaron Burnett
Aaron Burnett, City Clerk

1st Consideration: Waived  
2nd Consideration: Waived
3rd Consideration:  April 19, 2022

Publish 4-23-22
Emailed 4-20-22

STATEMENT: Iowa loses 1,500 jobs in March, Corporate Kim Keeps Us Falling Behind

Progress Iowa Executive Director Matt Sinovic issued the following statement in response to the latest jobs report from Iowa Workforce Development:

“Corporate Kim Reynolds keeps failing Iowa families. Last month Iowa lost 1,500 jobs, while the rest of the country is booming back with strong growth.”

“Today’s report is just more proof that the Reynolds Workforce Crisis is dragging on here in Iowa. While Corporate Kim brags about the state’s unemployment rate, she continues to ignore the problems she created.

“Instead of helping workers, Corporate Kim is only focused on cutting unemployment benefits and forcing Iowans into jobs that don’t pay enough, all in an effort to give the wealthy and big businesses massive tax breaks.

“Iowans need a governor who values hard work and will make sure employers pay what they owe.”

Gov. Kim Reynolds and Lt. Gov. Adam Gregg released their public schedule for the week of Monday, April 18, 2022 – Sunday, April 24, 2022.  

The following events are open to credentialed members of the media:  

Wednesday, April 20 
Governor Reynolds attends 2022 Global Insurance Symposium 
Iowa Events Center 
730 3rd St. 
Des Moines, IA  
8:15 a.m. 

Thursday, April 21 
Governor Reynolds visits Kruck Plumbing & Heating 
Kruck Plumbing & Heating 
734 7th St. #2887 
Boone, IA 
4:30 p.m. 

Lt. Governor Gregg attends Volunteer Iowa Awards Ceremony 
Iowa State Capitol 
Rotunda 
Des Moines, Iowa 
2:30 p.m. 

Friday, April 22 
Governor Reynolds attends Main Street Iowa Development Awards 
Community Choice Credit Union Convention Center 
833 5th Ave. 
Des Moines, IA 
6:30 p.m.