A. Definitions:
DOWNTOWN: The Central Business District, the near southside commercial area, and the northside marketplace area as illustrated on the map in section 8-5-16 of this chapter. For purposes of this section, "right-of-way in the downtown" includes Black Hawk Mini Park.
PUBLIC AMENITY: Bench, table, trash receptacle, public art, bike rack, water spigot, kiosk, posting pillar, and pergola.
SHOPPING CART: A basket which is mounted on wheels, or a similar device, provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. A shopping cart sold typically by a commercial establishment to a retail customer, designed for that customer's personal use, and being used by that customer to transport goods temporarily is not a shopping cart for the purposes of this section.
STORE OR STORED: To place, store, park, display, locate or set an item on the right-of-way in the downtown. (Ord. 13-4554, 9-17-2013; amd. Ord. 13-4563, 12-3-2013; Ord. 17-4692, 2-7-2017)
B. Tree Rings/Planters/Public Amenity: No person shall store an item of personal property on a tree ring, on or in an elevated planter, or on or in a public amenity in the downtown. This provision shall not apply to property on a bench that is stored for less than two (2) hours in any twenty four (24) hour period and that does not have a footprint greater than four (4) square feet. Moving the unlawfully stored item to another location on public right-of-way or onto another bench does not toll the two (2) hour limitation.
C. Right-Of-Way: No person shall store an item of personal property on the right-of-way in the downtown. This provision shall not apply to:
1. A person who has a permit issued by the City.
2. An item that is stored for less than two (2) hours in any twenty four (24) hour period, that does not have a footprint greater than four (4) square feet, that does not impede the flow of pedestrian traffic, and that does not restrict access to a public amenity. Moving the unlawfully stored item to another location on public right-of-way or onto a bench does not toll the two (2) hour limitation.
3. An item that is designed and being used to transport a child, such as a stroller or a bicycle trailer.
4. An item that is being used to transport a child, such as a wagon.
5. A wheelchair or similar device designed for a person with disabilities that is being used by a person who needs such a device.
6. A bicycle parked in a bicycle rack.
D. Shopping Carts: Shopping carts are prohibited on the right-of- way in the downtown unless the area of the bottom of the basket, or both baskets combined if the cart has two (2) baskets, is less than three hundred (300) square inches.
E. Unattended Personal Property:
1. Unattended personal property located on the right-of-way in the downtown, including on a bench, may be seized. Personal property is unattended if the property owner, or a person whom the owner has authorized to care for the property, is not within twenty feet (20') of the property.
2. This provision shall not apply to the property of persons who accompany children using the playground equipment located south of the public library or to a bicycle parked in a bicycle rack.
3. Except as provided herein, if property is seized, a written notice shall be left at the location of the unattended property that will provide the owner the opportunity to reclaim the property. The reclaim procedure shall be adopted by resolution of the City Council. No property shall be destroyed until the owner has been accorded notice that the property has been seized and the opportunity to reclaim the property pursuant to the reclaim procedure.
4. Property, whether attended or unattended, may be seized without notice provided to the owner if it presents an immediate threat to public health or safety, is evidence of a crime, or is contraband. Such property may be destroyed without notice and opportunity for the owner to reclaim if the property presents an immediate threat to public health or safety.
F. Verbal Notification: No person shall be cited under this section unless the person engages in conduct after having been notified by a peace officer that the conduct violates the City ordinance.
G. Penalty: Any violation of this section shall be considered a simple misdemeanor and punished by a fine of sixty five dollars ($65.00) or a Municipal infraction. (Ord. 13-4554, 9-17-2013)