ORDINANCE NO. 13,733

AN ORDINANCE to amend the Municipal Code of Des Moines, 1991, adopted by Ordinance No. 11,651, passed April 15, 1991, and amended by Ordinance 13,230, passed August 21, 1995 by repealing Sections 6-85 and 6-93 thereof and enacting new Sections 6-85 and 6-93, relating to fees for timed events and athletic events.

Be It Ordained by the City Council of the City of Des Moines, Iowa:

Section 1. That the Municipal Code of Des Moines, 1991, adopted by Ordinance No. 11,651, passed April 15, 1991, and amended by Ordinance 13,230, passed August 21, 1995 is hereby amended by repealing Sections 6-85 and 6-93 thereof and enacting new Sections 6-85 and 6-93, relating to fees for timed events and athletic events, as follows:

6-85. DEFINITION.

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this subchapter have the following meanings in this section.

"Athletic event" means any event or activity involving three or more people organized by a sponsor or requiring the payment of an entrance or participation fee for the purposes of running, walking or bicycling and which obstructs the free flow of pedestrian or vehicular traffic on the streets, sidewalks, alleys or public places of the city.

"Sponsor" means any person, group, or organization who is responsible for the promotion and the organization of a timed event or athletic event.

"Timed event" means any event, activity, competition or race, not including the use of motorized vehicles, involving three or more people for which the successful completion relies upon a participant's time or order of finish which obstructs the free flow of pedestrian or vehicular traffic on the streets, sidewalks, alleys or public places of the city.

6-93. FEES--TIMED EVENTS AND ATHLETIC EVENTS.

(a) Upon submission of an application for a timed event and athletic event permit, the applicant shall pay a non-refundable fee of $100.00 to cover administrative costs incurred in approving such application; city personnel shall be assigned regardless of the actual number of participants on the day of the event. (b) To secure issuance of such permit, the permittee shall post a cash bond of $1,000.00 to satisfy the actual personnel costs incurred by the city for each event. Such bond shall be posted ten days prior to the event; failure to post such bond shall invalidate the timed event and athletic event permit

(c) Any charges in excess of the bond amount shall be incurred by the city. The city is authorized to refund portions of the cash bond in excess of actual costs.

Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

FORM APPROVED:

Douglas P. Philiph, Assistant City Attorney

Christopher J. Coleman, Mayor Pro Tem

Attest:

I, Diane Rauh, Chief Deputy City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 99-2406), passed by the City Council of said City at a meeting held August 2, 1999, signed by the Mayor Pro Tem August 2, 1999, and published as provided by law in the Business Record on August 16, 1999. Authorized by Publication Order No. 6213.

Diane Rauh, Chief Deputy City Clerk