As used in this chapter, the following definitions shall apply:
AMBULATORY VENDOR: A person selling goods or services, including arts and crafts, while moving through zones 1, 2 and 3 and operating without the use of a mobile vending cart and with a minimum of equipment such as a person selling balloons and a portrait artist.
AMBULATORY VENDOR PERMIT: Written authorization by the city for use of public property, including public right of way, by an ambulatory vendor as provided in this chapter.
APPLICANT: A person who applies for a permit as provided in this chapter.
AUDIO AMBIENCE: A localized use of sound intended to create a pleasant, relaxing atmosphere.
CITY PLAZA: That part of city property extending from the northern right of way line to the southern right of way line of College Street from the eastern right of way line of Clinton Street to the western right of way line of Linn Street; and extending from the western right of way line to the eastern right of way line of Dubuque Street from the southern right of way line of Washington Street to the southern right of way line of College Street. Also, beginning at the northwest corner of Lot 4, Block 65, of the original Town of Iowa City, Iowa, according to the recorded plat thereof, thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along the southerly right of way line of Washington Street, 60.28 feet; thence south 00 degrees 03 minutes 02 seconds west, 110.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 59.93 feet to a point on the easterly right of way line of Dubuque Street, thence north 00 degrees 07 minutes 39 seconds west, along said easterly right of way line, 110.65 feet to the point of beginning. Except for the following: Commencing at the northwest corner of Lot 4, Block 65, the original Town of Iowa City, Iowa, according to the recorded plat thereof; thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along the southerly right of way line of Washington Street, 60.28 feet to the point of beginning; thence south 00 degrees 03 minutes 02 seconds west, 110.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 1.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 36.36 feet; thence south 89 degrees 43 minutes 36 seconds west, 2.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 18.0 feet; thence north 89 degrees 43 minutes 36 seconds east, 2.50 feet; thence north 00 degrees 03 minutes 02 seconds east, 56.0 feet, to the southerly right of way line of Washington Street; thence north 90 degrees 00 minutes 00 seconds east, an assumed bearing, along said southerly right of way line of Washington Street, 1.50 feet to the point of beginning. For purposes of this title, City Plaza includes Black Hawk Mini Park.
COMMERCIAL: The exchange of goods or services for money or other consideration.
KIOSK: A small, public owned structure that is stationary and that contains newspaper vending units.
LANDSCAPING: Live plant material used strictly for an ornamental or ecological purpose.
MOBILE VENDOR PERMIT: Written authorization by the city for use of public property, including public right of way, by a mobile vendor as provided in chapter 3 of this title.
NEWSPAPER: Any newspaper of general circulation as defined by general law, any newspaper duly entered with the U.S. postal service, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. And, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.
PERMANENT STRUCTURE: Any structure erected for a year round use.
PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, cartway, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including City Plaza.
SEASONAL CONSTRUCTION: Any structure erected for a seasonal or temporary activity and is removed from the plaza in the off season.
SIDEWALK CAFE: An outdoor area located temporarily on a public sidewalk contiguous with a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area. Permitted sidewalk cafes must abide by the requirements and limitations set forth in this title.
ZONE 1: The ten foot (10') strip directly abutting the private property lines in City Plaza. Zone 1 extends the length of the City Plaza along all sides of the plaza. Zone 1 is illustrated on the City Plaza map that is kept on file in the office of the city clerk, which can be amended, from time to time, by resolution of the city council.
ZONE 2: The six foot (6') pedestrian lanes in the City Plaza adjoining zone 1 on each side, the landscaped areas, the areas with street furniture and features and other areas as specified on the City Plaza map. Zone 2 is illustrated on the City Plaza map that is kept on file in the office of the city clerk, which can be amended, from time to time, by resolution of the city council.
ZONE 3: The emergency/service lane in City Plaza. Zone 3 is illustrated on the City Plaza map that is kept on file in the office of the city clerk, which can be amended, from time to time, by resolution of the city council. (1978 Code §9.1-2; amd. 1994 Code; Ord. 95-3676, 5-9-1995; Ord. 04-4125, 5-4-2004; Ord. 11-4435, 6-21-2011; Ord. 13-4563, 12-3-2013)