The URL can be used to link to this page

Home My Public Portal AboutOrdinances_358__11/30/2023 i CODE OF ORDINANCES fl_) OF THE CITY OF MARCUS, IOWA' Adopted July 10,2023,by Ordinance No.358 SUPPLEMENT RECORD SUPPLEMENT ORDINANCES AMENDING CODE Supp.No. Repeals,Amends or Adds Ord.No. Date Subject Nov-23 Ch. 126 359 11-13-23 Mobile Food Units 4 • • TABLE OF CONTENTS O TRAFFIC AND VEHICLES (continued) CHAPTER 68-ONE-WAY TRAFFIC 533 CHAPTER 69-PARKING REGULATIONS 539 CHAPTER 70-TRAFFIC CODE ENFORCEMENT PROCEDURES 549 CHAPTER 75-ATVS,UTVS,AND SNOWMOBILES 591 CHAPTER 76-BICYCLE REGULATIONS 599 CHAPTER 78-GOLF CARTS 617 CHAPTER 80-ABANDONED VEHICLES 635 CHAPTER 81-RAILROAD REGULATIONS 643 WATER CHAPTER 90-WATER SERVICE SYSTEM 717 CHAPTER 91-WATER METERS 725 CHAPTER 92-WATER RATES 731 0 SANITARY SEWER CHAPTER 95-SANITARY SEWER SYSTEM 759 CHAPTER 96-BUILDING SEWERS AND CONNECTIONS 769 CHAPTER 97-USE OF PUBLIC SEWERS 777 CHAPTER 98-ON-SITE WASTEWATER SYSTEMS 785 CHAPTER 99-SEWER SERVICE CHARGES 791 GARBAGE AND SOLID WASTE CHAPTER 105-SOLID WASTE CONTROL 841 CHAPTER 106-COLLECTION OF SOLID WASTE 851 FRANCHISES AND OTHER SERVICES OCHAPTER 110-NATURAL GAS FRANCHISE 885 CHAPTER 111-ELECTRIC FRANCHISE 893 CODE OF ORDINANCES,MARCUS,IOWA -iii- REGULATION OF BUSINESS AND VOCATIONS TABLE OF CONTENTS CHAPTER 120-LIQUOR LICENSES AND WINE AND BEER PERMITS 971 CHAPTER 121-CIGARETTE AND TOBACCO PERMITS 979 CHAPTER 122-PEDDLERS,SOLICITORS,AND TRANSIENT MERCHANTS 987 CHAPTER 123-HOUSE MOVERS 995 CHAPTER 124-HOTEL AND MOTEL TAX 1001 CHAPTER 126-MOBILE FOOD UNITS 1009 O CHAPTER 124 HOTEL AND MOTEL TAX 124.01 Definitions 124.04 Collection 124.02 Tax Imposed 124.05 Use of Revenues 124.03 Tax Exemptions 124.01 DEFINITIONS. For purposes of this chapter the following terms are defined. 1. "Lodging"means rooms,apartments,or sleeping quarters in a hotel,motel,inn, public lodging house, rooming house, or manufactured or mobile home, which is tangible personal property, or in a tourist court, or in any place where sleeping accommodations are furnished to transient guests for rent, whether with or without meals. Lodging does not include rooms that are not used for sleeping accommodations. 2. "Renting" or"rent"means a transfer of possession or control of lodging for a fixed or indeterminate term for consideration and includes any kind of direct or indirect charge for such lodging or its use. 3. "Sales price" means the consideration for renting of lodging and means the same as the term is defmed in Section 423.1 of the Code of Iowa. All other words and phrases used in this chapter and defmed in Section 423.1 of the Code of Iowa have the meaning given them by Section 423.1 for the purposes of this chapter. (Code of Iowa, Sec. 423A.2) 124.02 TAX IMPOSED. There is hereby imposed a five percent local hotel and motel tax upon the sales price from the renting of lodging within the City. The tax is effective January 12,2012. As such as required by law,the abstract of votes approving the measure were sent to the County Auditor on November 15,2011,and adopted by the Council on December 28,2011. (Code of Iowa, Sec. 423A.4) 124.03 TAX EXEMPTIONS. All of the following are exempted from the provisions of this chapter and from the computation of any amount of tax imposed by Section 124.02: 1. The sales price from the renting of lodging to a person where the lodging is rented by the same person for a period of more than 31 consecutive days, except as provided in Subsection 2 of this section. • 2. The sales price from the renting of lodging to a person where the lodging is rented by the same person for the period beginning after 90 consecutive days of rental by such person, if the rental is a room,apartment,or sleeping quarter in a hotel,motel, inn, public lodging house, or rooming house, or in any place where sleeping accommodations are furnished to a transient guest. 3. The sales price of lodging furnished to the guests of a religious institution if the property is exempt under Section 427.1[8] of the Code of Iowa, and the purpose of renting is to provide a place for a religious retreat or function and not a place for transient guests generally. 4. The sales price from the renting of sleeping rooms in dormitories and in memorial unions at all universities and colleges located in the City. CODE OF ORDINANCES,MARCUS,IOWA - 1001 - O CHAPTER 126 MOBILE FOOD UNITS 126.01 Definitions 126.05 Performance Standards 126.02 Permit Required 126.06 Permit Fees 126.03 Permit Application 126.07 Suspension or Revocation Permit 126.04 Locations 126.01 DEFINITIONS. "Mobile food vendor"means a person engaged in the business of selling food or beverages from a mobile food self-contained motorized vehicle, trailer, or pushcart. 126.02 PERMIT REQUIRED. It shall be unlawful for any person to engage in the sale of food or beverages to the public from a temporary or mobile facility on public property within the corporate limits of the City without first obtaining a Mobile Food Unit Permit from the City, in addition to any other State or federal permits, certifications and licenses. A Mobile Food Unit Permit by the City shall be subject to the following: 1. A Mobile Food Unit Permit may be an annual permit that expires on December 31 of each year or a single use permit. 2. Each mobile food unit shall be permitted separately. No permit transfer between units is allowed. 3. Permits are location specific. Multiple locations will require additional permits. 4. Each mobile food unit shall comply with State of Iowa requirements for health inspections, licensing, safety, and Fire Code requirements and display its licensing in full view of the public in or on the unit. 5. The following shall be exempt from this requirement: A. For community events, the City Clerk may issue a license to the organization hosting the event to allow mobile vendors authorized by the • hosting organization to operate without an individual mobile vendor license for a limited number of days,not to exceed the number of days of the event being hosted. B. Catering businesses. C. Grilling and food preparation activities of brick-and-mortar establishments on the establishment's premises for immediate consumption by patrons or employees. D. Concession stands associated with sports or recreational venues that have been approved as part of the site plan or permitted Conditional Use Permit for the venue. 126.03 PERMIT APPLICATION. 1. Filing. Application requests shall be filed with the City Clerk. No application nrequest shall be accepted for filing and processing unless it conforms to the CODE OF ORDINANCES,MARCUS,IOWA - 1009- CHAPTER 126 MOBILE FOOD UNITS unit. Written consent does not excuse or permit the violation of any other imposable regulations. 2. Mobile food units that are within 150 feet of a residential use or residentially zoned property,shall be limited to hours of operation between 7:00 a.m.and 10:00 p.m. 3. Mobile food units shall serve patrons which are on foot only; no drive-up service to the unit itself shall be provided or allowed. 4. All mobile food units shall maintain a minimum separation from buildings of 10 feet as measured to the closest building element including awnings or canopies,tents, or membrane structures. Location of the mobile food unit shall not impede pedestrians entering or exiting a building. 5. The window or area where a patron orders and receives their purchase shall be located so as not to require a patron to stand or create a line that may cause pedestrians to be in the public right-of-way,vehicle travel lane, including parking lot drive aisles, or similar situation that may create a potential safety hazard. Adequate space for patrons waiting for their order must be available on the property where the mobile food unit is located. 6. Signs are limited to those that are attached to the exterior of the mobile unit and must be mounted flat against the unit and not project more than 6 inches from the exterior of the unit. No freestanding signs,banners,flags,or similar items are allowed. Off premises signs directing patrons to the mobile food unit are prohibited. 7. During business hours,the mobile food vendor shall provide a trash receptacle for use by customers and shall keep the area around the mobile food unit clear of litter and debris at all times. 8. All mobile food units shall be located in such a manner as to not create a safety hazard,such as blocking emergency access to buildings and the site,obstructing access to fire hydrants, impeding entering and exiting from a building, creating a visual impediment for the motoring public at drive entrances, intersections, pedestrian crossings,or similar movement and access. 126.06 PERMIT FEES. At the time of the submittal of a permit application,the applicant shall pay to the City the applicable permit fee. The fee schedule will be set by resolution and may be modified from time to time with approval by resolution of the Council. 126.07 SUSPENSION OR REVOCATION PERMIT. Any permit issued under the provisions of this chapter may be suspended or revoked by the City as follows: 1. Grounds. The permit may be suspended or revoked if it is found that; A. The permit holder has made fraudulent statements in his/her application for the permit or in the conduct of his/her business. B. The permit holder has violated this chapter or any other chapter of this Code or has otherwise conducted his/her business in an unlawful manner. C. The permit holder has conducted his/her business in such a manner as to endanger the public welfare,safety,order, or morals. D. The City has received and investigated three or more found complaints during the permitted period related to the manner in which the permit holder is conducting business. • CODE OF ORDINANCES,MARCUS,IOWA • - 1011- INDEX CODE OF ORDINANCES CHAPTER OR SECTION NUMBER HARASSMENT Of Other Persons 40.02 Of Public Officers and Employees 41.05 HAZARDOUS SUBSTANCE SPILLS 36 HAZARDOUS WASTE 105.08 See also Prohibited and Restricted Discharges to Sewer System 97.03 and 97.04 HITCVG 67.02 HOTEL AND MOTEL TAX 124 HOUSE MOVERS 123 HOUSE NUMBERS 150 HOUSES OF ILL FAME 50.02(12) IMPOUNDING Animals 55.13 Vehicles 70.06 and 80.02 INDEMNITY AGREEMENT,PERMITS,AND LICENSES 1.04 INSURANCE REQUIREMENTS , Firefighters 35 Fireworks 41.14 ra) House Movers 123.05 Street Excavations 135.09 INTERFERENCE WITH OFFICIAL ACTS 41.06 INVESTMENTS AND DEPOSITS 7.03(2) JUNK AND JUNK VEHICLES 51 See also Storing of Flammable Junk 50.02(7) LEGAL OPINIONS 20.06 LIBRARY 22 LICENSES Drivers 62.01 Liquor 120 Peddlers, Solicitors,and Transient Merchants 122 See also Issuance of Licenses and Permits 18.10 See also PERMITS LIQUOR LICENSES AND WINE AND BEER PERMITS - 120 LITTERING Debris on Sidewalks 136.18 Park Regulations 47.04 Placing Debris on Streets 135.03 Solid Waste Control 105.07 CODE OF ORDINANCES,MARCUS,IOWA INDEX-7 • INDEX CODE OF ORDINANCES CHAPTER OR SECTION ONUMBER OFFENSIVE SMELLS AND SUBSTANCES 50.02(1)and(2) See also Restricted Discharges to Sanitary Sewer System 97.04 OFF-ROAD MOTORCYCLES AND UTILITY VEHICLES 75 ONE-WAY TRAFFIC 68 ON-SITE WASTEWATER SYSTEMS • 98 OPEN BURNING 105.05 OPEN CONTAINERS IN MOTOR VEHICLES 62.01(50)and(51) OPEN MEETINGS 5.06 OPERATING PROCEDURES 5 PARADES REGULATED 60.08 PARK REGULATIONS 47 See also Parks,Cemeteries and Parking Lots(Speed Limits) 63.03 PARKING REGULATIONS All Night Parking Prohibited 69.09 Angle Parking 69.03 and 69.04 Illegal Purposes 69.05 No Parking Zones 69.08 Park Adjacent to Curb 69.01 and 69.02 Parking of Bicycles 76.11 Parking Prohibited 69.06 Parking Violations 70.03 and 70.04 Persons With Disabilities Parking 69.07 Snow Removal 69.12 Snow Routes 69.13 Truck Parking Limited 69.10 PEACE OFFICERS Failure to Assist 41.04 Interference with 41.06 Obedience to 60.07 Powers and Authority under Traffic Code 60 Qualifications 30.03 Removal of an Officer's Communication or Control Device 41.07 Training 30.04 See also POLICE DEPARTMENT 30 PEDDLERS,SOLICITORS,AND TRANSIENT MERCHANTS 122 PEDESTRIANS 67 See also: Crosswalks 61.02 State Code Traffic Regulations 62.01 Yield to Pedestrians in Crosswalks 65.07 CODE OF ORDINANCES,MARCUS,IOWA INDEX-9