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ORDINANCE NO.  60

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROLAND, IOWA, 2003 BY AMENDING CHAPTERS 22.05(1), 135.10, 151.03, 166.39(1 & 1C), 166.42(1C5), ADDING CHAPTER 47.05 and DELETING CHAPTER 67.04.

 

            Be in enacted by the City Council of the City of Roland, Iowa:

 

SECTION 1.  SECTION MODIFIED.  Chapter 22, section 05 (1), of the Code of Ordinances of the City of Roland, Iowa, 2003, is repealed and the following adopted in lieu thereof:

 

            1.  Selection of Officers.  The Commission shall choose annually at its first regular meeting one of its members to act as Chairperson and another as Vice Chairperson, who shall perform all the duties of the Chairperson during the Chairperson’s absence or disability, and another member to act as Secretary.

(Code of Iowa, Sec. 392.1)

 

SECTION 2.  NEW SECTION.  The Code of Ordinances of the City of Roland, Iowa, 2003, is amended by adding a new Section 47.05, entitled ALCOHOLIC BEVERAGES IN PARKS, which is hereby adopted to read as follows:

 

            47.05.  ALCOHOLIC BEVERAGES IN PARKS.  No person shall display, possess or consume beer (keg or bottled), wine (including wine coolers), hard liquor or any other alcoholic beverages in Erickson Park, Jacobson Bear Creek Park or the City softball facilities.

 

SECTION 3.  SECTION REPEALED.  The Code of Ordinance of the City of Roland, Iowa, 2003, is hereby amended by repealing Section 67.04 which made it unlawful for pedestrians to walk along and upon an adjacent street if a sidewalk is provided.

 

SECTION 4.  SECTION MODIFIED.  Chapter 135, section 10, of the Code of Ordinances of the City of Roland, Iowa, 2003, is repealed and the following adopted in lieu thereof:

 

            135.10.  MAINTENANCE OF PARKING OR TERRACE.  It shall be the responsibility of the abutting property owner to maintain all property outside the lot and property lines and inside the front curb lines upon the public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way.  Maintenance includes timely mowing, trimming trees and shrubs, repairing curb and picking up litter.

 

SECTION 5.  SECTION MODIFIED.  Chapter 151, section 03, of the Code of Ordinances of the City of Roland, Iowa, 2003, is repealed and the following adopted in lieu thereof:

 

            151.03.  DUTY TO TRIM TREES.  The owner or agent of the abutting property shall keep the trees on, or overhanging the street, trimmed so that all branches will be at least fifteen    (15) feet above the surface of the street and eight (8) feet above the sidewalks.  Trees that   overhang the alley shall be trimmed to fifteen (15) above the surface of the alley.  Plants,             flowers, bushes and shrubs that are planted along the alley shall not be allowed to encroach upon the alley beyond the rear property line.  If the abutting property owner fails to trim the trees, plants, flowers, bushes or shrubs, the City may service notice on the abutting property owner requiring that such action be taken within five (5) days.  If such action is not taken         within that time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 354.12[2c, d & e])

 

SECTION 6.  SECTION MODIFIED.  Chapter 166, section 39, subsections 1 and 1C, of the Code of Ordinances of the City of Roland, Iowa, 2003, is repealed and the following adopted in lieu thereof:

 

            1.  Lot Size.  Minimum lot dimensions and sizes shall conform to the requirements of the zoning regulations where applicable, but in not case shall a lot contain less than seven thousand (7,000) square feet of area or be less than seventy (70) feet wide measured at the building line.

 

                        C.  Corner lots for residential use shall have an extra twenty-five (25) feet of width to permit appropriate building setback from and orientation to both streets.

 

SECTION 7.  SECTION MODIFIED.  Chapter 166, section 42, subsection 1C5, of the Code of Ordinances of the City of Roland, Iowa, 2003, is repealed and the following adopted in lieu thereof:

 

            1C5.  Cul-de-sacs will only be allowed if it is determined to be a permanent dead-end street by the Planning & Zoning Commission and the City Council.  Approved cul-de-sacs shall meet all the requirements for a municipal service street and, in addition, shall provide a turnaround with a right-of-way radius of fifty (50) feet and a roadway radius of forty (40)  feet.  No cul-de-sac shall exceed five hundred (500) feet in length.

 

SECTION 8.  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 the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 

SECTION 9.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its passage, approval and publication as provided by law.

 

 

Passed by the Council the 13th day of October, 2008 and approved this 13th day of October, 2008.

 

 

__________________________________________

Samuel Juhl, Mayor

 

 

ATTEST:  _____________________________________

                Deneen Frost, City Clerk

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 I certify that the foregoing was published as Ordinance No. 60 on the 22nd day of October, 2008.

 

 

__________________________________________

Deneen Frost, City Clerk