Franklin County
Ordinance 2.2
RAGBRAI Ordinance - miscellaneous permits

AN ORDINANCE ADDED TO THE FRANKLIN COUNTY ORDINANCES - TITLE II - PUBLIC SERVICES SECTION ENTITLED "RAGBRAI ORDINANCE - MISCELLANEOUS PERMITS".

BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF FRANKLIN COUNTY, IOWA:

Section 1 - Purpose.  This ordinance is eneacted to help county officials and citizens deal with public health and safety problems created by the infusion of a large number of people into Franklin County when the Des Moines Register's Annual Great Bicycle Ride Across Iowa (RAGBRAI) arrives on July 24, 2007 and departs on July 25, 2007.  The purpose is to establish regulations and a permit structure for RAGRBAI's visit in Franklin County unincorporated areas that lie within four and one half (4 1/2) mile radius around the Franklin County Courthouse.

Section 2 - Rules and Regulations.  That the Code of Ordinances of Franklin County, Iowa, be and include Ordinance 2.2 "RAGBRAI Ordinance - Miscellaneous Permits" and to read as follows:

Sections:
2.2 (1)     Food Vendor Permit Required
2.2 (2)     Food Vendor Fee
2.2 (3)     Food Vendor Location
2.2 (4)     Health Regulations
2.2 (5)     Non Food Vendor Permit Required
2.2 (6)     Non Food Vendor Fees
2.2 (7)     Non Food Vendor Location
2.2 (8)     Nuisance
2.2 (9)     Violations - Penalties
2.2 (10)   Effective Period
2.2 (11)   Street Closings

2.2 (1):  Food Vendor - Permit Required.  No person, club, group, organization, corporation or entity of any kind shall provide or sell food to the public within a four and one half (4 1/2 ) radius of the Franklin County Courthouse on July 24, 2007 or July 25, 2007, unless said person or entity first obtains a Food Vendor Permit from the Hampton Area Chamber of Commerce office at Center 1 located at 5 1st Street SW, Hampton.

2.2 (2):  Food Vendor Fees.  The fee for a RAGBRAI Food Vendor's Permit shall be $150 (local non profit) / $300 (local for profit) / $500 (non local) for a maximum booth size of 12' wide and 16' deep if the permit is obtained on or before May 21, 2007 and $600 if the RAGBRAI Food Vendor's Permit is obtained after May 21, 2007 and on or before July 24, 2007.  No RAGBRAI Food Vendor Permits shall be issued after July 24, 2007. 

The RAGBRAI Food Vendor Permit shall be granted on condition that the RAGRBAI Food Vendor locate their stand at a location to be determined by the Hampton RAGBRAI Food Vendor Committee; and, all RAGBRAI food vendors must show proof of liability insurance.  All RAGBRAI food vendors shall comply with the Iowa Department of Health Rules and Regulations governing the provider of food for consumption on the premises and with the Iowa Department of Revenue Rules and Regulations governing sales of food and merchandise. 

2.2 (3):  Food Vendor Location.  A food vendor who has been granted a Hampton RAGBRAI permit shall locate its temporary facility at a location to be determined by the official Hampton RAGBRAI Food/Non Food Committee.  The described permits for food vendors shall follow these guidelines if within a four and one half mile radius of the Franlkin County Courthouse.  A person or entity issued a food vendor permit pursuant to this Chapter (a RAGBRAI FOOD VENDOR PERMITTEE herein) shall comply with the Iowa Department of Health rules and regulations as well as any other pertinent rules and regulations pertaining to the sale of dispensing of food for consumption on its premises.

2.2 (4):  Non Food Vendor - Permit Required.  No person, club, group, organization, corporation or entity of any kind shall provide or sell non-food/merchandise-entertainment to the public within a four and one half (4 1/2 ) radius of the Franklin County Courthouse on July 24, 2007 or July 25, 2007, unless said person or entity first obtains a Non -Food Vendor Permit from the Hampton Area Chamber of Commerce office at Center 1 located at 5 1st Street SW, Hampton.

2.2 (5):  Non Food Vendor Fees.  The fee for a RAGBRAI Non-Food Vendor's Permit shall be $150 (local non profit) / $300 (local for profit) / $500 (non local) for a maximum booth size of 12' wide and 16' deep if the permit is obtained on or before May 21, 2007 and $600 if the RAGBRAI Non-Food Vendor's Permit is obtained after May 21, 2007 and on or before July 24, 2007.  No RAGBRAI Non-Food Vendor Permits shall be issued after July 24, 2007. 

The RAGBRAI Non-Food Vendor Permit shall be granted on condition that the RAGRBAI Non-Food Vendor locate their stand at a location to be determined by the Hampton RAGBRAI Non-Food Vendor Committee; and, all RAGBRAI non-food vendors must show proof of liability insurance.  All RAGBRAI non-food vendors shall comply with the Iowa Department of Rules and Regulations governing sales of merchandise. 

2.2 (6):  Non-Food Vendor Location.  A non-food vendor who has been granted a Hampton RAGBRAI permit shall locate its temporary sale at a facility at a location to be determined by the official Hampton RAGBRAI Food/Non-Food Vendor Committee. 

2.2 (7):  Nuisance.  The providing and sale of food/beveragres or the location of a temporary stand for the sale of providing of food/beverages or merchandise/entertainment outdoors without necessary permits or in violation of any of the provisions of the Ordinances of Franklin County 5.2 is hereby declared to be a nuisance.  Franklin County Sheriff's Department is hereby empowered to cause any offending stand or temporary stand or outdoor entertainment or place to be closed, dismantled and removed without prior notice.  However, if the only nuisance or violation of this chapter is the offender's failure to obtain the necessary permit, the RAGBRAI Vendor Committees, in lieu of immediate abatement, may allow the person or organization to immediately purchase a necessary permit as provided is Section 2.2 (1) and Section 2.2 (5), as the case may be of this Ordinance.

2.2 (8):  Violations - Penalties.  A violation of any of the provisions of Section 2 RAGBRAI Rules and Regulations shall be a County violation as set forth in the Franklin County Ordinance Book Title II - Public Services Section Entitled, "RAGBRAI Ordinance - Miscellaneous Permits." 

2.2 (9):  Effective Period.  The provisions of this ordiance shall be effective from and after the final passage, approval and publication as provided by law.

2.2 (10):  Street Closings.  During the effective dates of this ordinance and without prior Board approval regarding the blocking of any County streets/roads, any Franklin County Sheriff's Deputy, or those as their direction, may place barricades or road blocks in any County street, alley, or roadway to redirect vehicular traffic in order to enhance the proper and safe flow of bicycle and vehicular traffic within the County limits of Franklin County.

Section 3.  Repealer Clause.  All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 4.  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. 

Section 5.  Sunset Clause.  This ordinance is repealed on July 31, 2007.  Any violations that have not yet been adjudicated may still be litigated. 

PASSED/APPROVED this 23rd day of April, 2007. 

First Reading:  4/23/07
Second Reading:  Waived 4/23/07
Third Reading: Waived 4/23/07

I certify that the foregoing was published as Ordinance No 2.2 on the 2nd day of May 2007. 

Corey Eberling, Chair - Board of Supervisors

Jerry L Plagge, Supervisor

Mike Nolte, Supervisor

Attest:  Michelle S Giddings, County Auditor