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Date
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June 22,
2009
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Agenda
Item No. 47 Roll
Call No. 09-
Communication No. 09-419 Submitted by:
Donald M. Tripp Park and Recreation Director |
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AGENDA HEADING:
Approve Amendment to Chapter 14 of the Municipal Code Regarding Licensing
of Public Dances in Parks.
SYNOPSIS:
The
Park and Recreation Board recommends approval to amend Chapter 14, Article III,
Section 14-76 (see Attachment A) exempting dances held in parks or Park and
Recreation department facilities which are sponsored by the Park and Recreation
Department or which have a Park and Recreation Department permit. Chapter 14, Article III requires the
licensing of public dances and regulates the conduct of public dances. Under the proposed amendment, public dances
held within City parks and Park and Recreation Department facilities will require
a park use or facility use permit and will be governed by all applicable park/facility
regulations and rules and the requirements set forth in Chapter 74 of the
Municipal Code. In addition,
those public dances will be subject to the permit requirements. The Park and Recreation Board recommended at
their May 26 meeting that City Council consider a review of Article III of
Chapter 14 of the Municipal Code in its entirety for the purpose of approving a
repeal of Article III in its entirety.
FISCAL IMPACT: NONE
Amount:
N/A
Funding Source: N/A
ADDITIONAL INFORMATION:
Chapter
14, Article III (“Public Dances”) of the Municipal Code of Des Moines, Iowa,
governs the requirements for holding public dances. These requirements include the need to obtain
a license, the application process, restrictions, hours
of operation, and standards for dance premises.
The
Park and Recreation Board requested that Parks staff look into the matter of a
public dancing ordinance. Staff studied
the issue and decided to recommend an action that would be specific to the park
system, only believing that is the issue for which the Park and Recreation Board
had recommending authority to City Council.
At its regular monthly meetings in April and May, the Park and
Recreation Board received an action request from park and recreation staff that
amended Chapter 14, Article III, Section 14-76 that
exempted the Park and Recreation Department from regulations governing public
dances. Use of parks and park and
recreation department facilities are controlled by park or facility use rules
and the use of these city facilities require a special Park and Recreation Department
permit. The Board determined that existing
City Code, regulations and rules controlling conduct on property under the Park
and Recreation Department control are more than adequate to insure the safe and
proper use of the City’s park and recreation facilities and the health and
safety of the public during public dances. At its May 26 meeting, the Board
approved a Resolution that not only exempts the Park and Recreation Department
from the regulations of the ordinance, but also requests the City Council
review all sections of Article III with the desired outcome being the Council
will see fit to repeal the ordinance in its entirety.
Staff
visited with a representative of the City Police Department, Captain Joanne
Pollock of the Patrol Division, who after conferring with Police Department
counsel and her superior, Major Singleton, stated that the proposed ordinance
change presented no issues for the Department.
She did note that if the Park and Recreation Board approved a request to
City Council other than that proposed to the Park and Recreation Board, the
Police Department would want to further review that request before Council
action was taken.
PREVIOUS CCOUNCIL ACTIONS(S):
NONE
BOARD/COMMISSION ACTION(S):
Date: April
28, 2009
Roll Call Number: 09-041
Action: Park and Recreation Board received and filed Resolution
proposing the Park and Recreation Department be exempt from Chapter 14, Article
III of the Municipal Code, and that the City Council review Article III in its
entirety for possible repeal.
Date:
May 26, 2009
Roll Call Number:
09-050
Action:
Park and Recreation Board approved Resolution proposing the Park and
Recreation Department be exempt from Chapter 14, Article III of the Municipal
Code, and that the City Council review Article III in its entirety for possible
repeal.
ANTICIPATED ACTIONS AND FUTURE
COMMITMENTS:
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,