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CHAPTER 814 Central Downtown Business District Regulations

814.01 814.02 814.03 814.04 814.05 814.06 814.057 814.068 814.09 814.10 814.0711 814.0812 814.13 814.14 814.0915 814.1016 814.99 Title. Purpose. Conflict of laws. Description of regulated area. Traffic control in street right-of-way areas closed to vehicular traffic. Vehicles prohibited. Use of public property. Music and public address systems. Special events. Solicitations, sales, distributions and demonstrations. Animals prohibited rRegulated.. Use of privately owned property. Removal of unauthorized advertising and other objects. Maintenance and beautification of District. Enforcement. Interpretation. Penalty.

CROSS REFERENCES Business area redevelopment projects - see M.C.L.A. Secs. 125.981 et seq. Downtown Development Authority - see ADM. Ch. 276 Commercial businesses - see B.R. & T. Ch. 822

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Zoning regulations - see P. & Z. Ch. 1256

814.01 TITLE.
This chapter shall be known and may be cited as the "Mall Ordinance" CentralDowntown Business District Ordinance of the City. (1975 Code Sec. 3.51)

814.02 PURPOSE.
The purpose of this chapter is to regulate traffic and to control and regulate activities within public street rights of way and upon private property immediately adjacent to the street rights of way within the area described in Section 814.04. (1975 Code Sec. 3.52)

814.03 CONFLICT OF LAWS.

To the extent that this chapter may be inconsistent with other ordinances of the City, including the Traffic and Building Codes, this chapter shall control. (1975 Code Sec. 3.53)

814.04 DESCRIPTION OF REGULATED AREA[c1].

The streets, alleys, bridges, public places and private open spaces herein described, within the boundary described as follows, shall be regulated by this chapter: Beginning on the southwesterly corner of Carlyle and West Jackson Streets, thence easterly on the southwesterly line of West Jackson Street to its intersection with the southeasterly line of Division Street, thence northerly along the southeasterly line of Division Street to its intersection with the northeasterly line of State Street, thence northwesterly along the northeasterly line of State Street to its intersection with the northwesterly line of Carlyle Street, thence southerly along the northwesterly line of Carlyle Street to the place of beginning. Beginning at northeast corner of Lot 1 of Urban Renewal Replat No. 1; thence southerly along the easterly line of said Lot 1 a distance of 570.17 Feet to an angle in the lot line; thence South 80 degrees 36 minutes West along said lot line a distance of 48 Feet to the northerly line of Dickman Road as shown on the said plat; thence South 200 degrees 12 minutes West, perpendicular to the northerly line of Dickman Road, a distance of 50 Feet; thence South 69 degrees 48 minutes East, parallel with the northerly line of Dickman Road according to the said plat, to the intersection of the centerline of McCamly Street extended southerly according to the Assessors Plat of George McCamlys Addition to the City of Battle Creek; thence southeasterly, parallel with the said northerly line of Dickman Road, according to Urban Renewal Replat No. 1, to the southerly line of Fountain Street according to the Assessors Plat of Frazers Addition; thence easterly along the southerly line of Fountain Street, according to the said plat and

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the Plat of Colemans Supplement to Block 8, to the easterly line of Division Street as shown in Colemans Supplement to Block 8; thence northerly along the easterly line of Division Street according to said plat, the Plat of the Re-survey East Battle Creek, the Assessors Plat of Colemans Sup. to E. B. C., and the Assessors Plat of Harts Supplement, to the northerly line of VanBuren Street as shown in the Assessors Plat of Harts Supplement; thence westerly along the northerly line of VanBuren Street, as shown in said plat, the Assessors Re-plat of Merritts Supplement to Block 2, and the Plat of the Original Village (now City) of Battle Creek, to the westerly line of Washington Avenue as shown in the Plat of the Original Village (now City) of Battle Creek; thence southerly along the westerly line of Washington Avenue, as shown in said plat A.C. Hamblins Addition and Subdivision, to the southeast corner of Lot 184 of A.C. Hamblins Addition and Subdivision; thence southerly to a point on the northerly line of Lot 327 of A.C. Hamblins Addition & Subdivision at a point distant 16.4 Feet southwesterly of the Southeast corner of Lot 224 of said plat as measured along the northerly line of said Lot 327; thence westerly along the said northerly line of said Lot 327 a distance of 33.6 Feet; thence southwesterly in a straight line to a point on the southerly line of said Lot 327 a distance of 77.67 Feet from the northeasterly corner of Lot 248 of the said plat as measured along the southerly line of said Lot 327; thence southwesterly in a straight line to northeasterly corner of Lot 1 of the said Urban Renewal Replat No.1 and the point of the beginning. (1975 Code Sec. 3.54)

814.05 TRAFFIC CONTROL IN STREET RIGHT-OF-WAY AREAS CLOSED TO VEHICULAR TRAFFIC.

(a) The City Manager is hereby authorized and directed to prepare for the City Commission's approval rules and regulations governing the following in public areas closed to vehicular traffic: (1) The use of emergency, service, construction, delivery, utility and other vehicles, where necessary, and requirements for the prevention of damage to the surface, plantings and structures by such authorized vehicles in areas in which vehicles are prohibited; (2) The application of adopted rules for the installation and placement of traffic control signs and devices; and (3) The location and proper placement of all appurtenances, including barricades and scaffolding, which might block an emergency vehicle route or interfere with pedestrian access. (1975 Code Sec. 3.55) (b) The rules and regulations referred to in subsection (a) hereof are as follows:

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(1) Use of vehicles in vehicle-prohibited areas. No vehicle shall be permitted in street right-of-way areas closed to vehicular traffic except as allowed herein, and then only when absolutely essential and for as short a time as possible to avoid disruption and damage to the pedestrian mall. Emergency entrances and routes on the mall shall be deemed tow away zones and kept free of all unattended vehicles, and attended vehicles where possible. Except when impractical, some type of impervious material shall be provided under the vehicle to protect the concrete surface from gasoline, oil or grease leakage from the vehicle. Care shall be taken to avoid injury to mall structures, fountains, statues and appurtenances and to avoid damage to grasses, flowers, shrubs and trees. A. Emergency vehicles.

1. Emergency vehicles are those which may be required for short periods of time to travel or park on the pedestrian mall to protect the health, safety and welfare of the facilities and occupants of the mall area. 2. Included as emergency vehicles are fire and police vehicles, and medical and service vehicles when engaged in bona fide emergency operations or authorized training or other exercises. Service vehicles which would be classified in this category when in such situations are City maintenance vehicles and gas, electric and telephone repair vehicles. 3. Discretion shall be used and effort made to pursue more suitable and less disruptive means of access. All possible care shall be taken to prevent disruption and damage to the mall. B. Delivery vehicles.

1. Deliveries shall not be permitted on the mall, except to those businesses with no alternate service entrance, or in cases where special circumstances require access from the mall. 2. For deliveries that must be made on the mall, a hand truck or cart shall be used when possible. If a mechanical conveyance is required, precautions shall be taken to protect the mall area as is required of vehicles as set forth hereinabove. Deliveries by these methods should be made during nonbusiness hours. 3. Delivery vehicles shall be allowed on the mall only when no other means of delivery is possible, and only during other than normal business hours - before 9:00 a.m. and after 5:00 p.m. Exceptions due to special circumstances which will result in undue hardship if prompt delivery is not made during normal business hours will be determined on an individual basis at the discretion of the Public Works Director. 4. If a vehicle must travel the mall to make a delivery, it shall be of moderate size so as not to damage the mall surface, plantings or other appurtenances.

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5. A delivery vehicle shall not obstruct or disrupt mall activities and shall avoid backing movements if possible. If a delivery vehicle must drive in reverse, it shall be guided from behind by a competent person. C. Vehicles requiring permits.

1. Construction, maintenance and repair vehicles, and other nonemergency vehicles, including delivery vehicles, during business hours, shall obtain a permit to travel on the mall. Such vehicles shall park only when loading or unloading materials or equipment and must be attended. Authorized City vehicles shall not require a permit when being used for construction, maintenance or repair of the mall or its appurtenances. 2. Permits can be obtained workdays from 8:00 a.m. to 12:00 noon and from 1:00 to 5:00 p.m. at the offices of the Department of Public Works in Room 109, City Hall. Permits are issued at the discretion of the Public Works Director on the basis of the proposed use, location, size and weight of the vehicle. Permits may be issued for various time periods and must be displayed in a visible place on the windshield. A reasonable fee may be charged for such permits. 3. The vehicle bearing a valid permit must be a business vehicle with the name of the business printed clearly on each side or prominently displayed in the windshield. (2) Traffic control signs and devices. Installation and placement of traffic control signs and devices shall be in concert with the desired vehicle and pedestrian traffic patterns as set forth by the City Commission and in accordance with the requirements of the Uniform Manual of Traffic Control Devices. (3) Placement of appurtenances. Emergency entrances and routes on the mall shall be kept free of all obstructions so as to accommodate the largest emergency vehicle likely to be employed thereon. No sign, roof overhang, barricade, scaffold or other appurtenance, either temporary or permanent, shall be permitted to encroach upon such emergency routes, except that a minimum of obstructions for use in special events permitted in accordance with Section 814.09 shall be allowed in such areas if they are easily removable. (4) Enforcement. Provisions of these rules and regulations requiring enforcement shall be subject to Section 814.15. (Res. 464. Passed 1-18-77.)

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814.06 VEHICLES PROHIBITED[c2].

(a) No person shall operate or cause to be operated at anytime any vehicle in an area in which motor vehicles or self-propelled vehicles are prohibited., except as provided in the rules and regulations set forth in Section 814.05(b). (Ord. 7-79. Passed 7-31-79.) (b) No person shall operate, ride, push, walk or carry a bicycle, motorcycle, skateboard, roller skates or any other type of self-propelled vehicle on any street, rightof-way area or pedestrian mall area closed to vehicular traffic, except when specifically approved by the City Commission. (Ord. 31-83. Passed 8-30-83.) (c) In instances when the person operating the motor vehicle, bicycle, motorcycle, skateboard or other type of self-propelled vehicle is taken into custody for a misdemeanor, felony or juvenile infraction, and the vehicle (motor-driven or selfpropelled), would otherwise be left unattended, such vehicle shall be impounded by the Police Department. (Ord. 7-79. Passed 7-31-79.)

814.057 USE OF PUBLIC PROPERTY.

The use of public property in the Central Downtown Business District is governed by the general regulations enumerated in Chapter 10621060 of the Streets, Utilities and Public Services Code. In addition, although the following activities are already cited as prohibited in Chapter 10621060, they are enumerated herein for clarification and emphasis and are prohibited unless expressly authorized by the City Commission. Violators of such prohibitions are hereby declared to be disorderly persons. (a) Fountains, Pools, and Fire pits and Pools. No person shall swim, wade or walk in fountains or pools, whether containing water or not, nor shall anyone place or deposit any garbage, glass, can, paperlitter, dye, soap, detergent or other foreign object or matter in any such City fountain, pool, or fire pit or pool. area. (b) Disturbing or Rough Conduct. No person shall engage in any disturbing or rough conduct, exercise or play, including running or throwing of objects of any kind.No person shall intentionally engage in conduct intended to disrupt or otherwise prevent a person or organization who or which has received permission to use City parks, playgrounds, or recreation buildings pursuant to Chapter 1060. (1975 Code Sec. 3.57)

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814.068 MUSIC AND PUBLIC ADDRESS SYSTEMS.

Except for events specifically approved in accordance with Chapter 815 by the City Commission, and except for the system installed as part of the improvement of the Central Downtown Business District, no person shall operate a public address system so that the sound is audible beyond private property lines. In no case shall a public address or music system be utilized between the hours of 1110:00 p.m. and 78[c3]:00 a.m. of the following day. (1975 Code Sec. 3.58)

814.09 SPECIAL EVENTS.

As used in this section, "special events" includes, but is not limited to, parades, demonstrations, displays, entertainment, special promotions, advertising events and other events of a general public interest approved by the City Commission. Requests to hold special events shall be submitted in advance, in writing, to the Downtown Business Association for a review and recommendation of approval or disapproval by the City Commission.. In approving any such activity, the City Commission shall give consideration to: (a) The public interest and welfare;

(b) Possible interference with legitimate uses of land and buildings in the mall vicinity; (c) (d) (e) (f) (g) (h) (i) Possible excessive noise; Unusual litter; Damage to City property; Financial responsibility; Consumer protection; Environmental concerns; and All other pertinent factors.

No solicitations or sales shall be made or permitted on the Michigan Mall area during an approved special event, unless an additional permit fee, if required, is paid to the organization sponsoring the special event. In no event, however, shall such fee be greater than the fee charged other participants of a like class. Such solicitations or sales must conform, in all respects, with these Codified Ordinances and applicable State statutes.

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During a special event, the use of utilities and utility connections on the Michigan Mall and the location of the solicitor or vendor shall be controlled by the sponsoring organization. The Downtown Business Association shall review and administer the placement of signs on kiosks in the Michigan Mall. However, such advertising shall be limited to nonprofit organizations. (Ord. 16-83. Passed 5-24-83.)

814.10 SOLICITATIONS, DEMONSTRATIONS[c4].

SALES,

DISTRIBUTIONS

AND

(a) Approval of City Commission Required; Exceptions. Solicitations, sales, distributions and demonstrations shall not be made or permitted in the Central Business District area, except those approved by the City Commission following a review and recommendation of the Downtown Business Association. .Such activities include, but are not limited to, demonstrations of all kinds, solicitation of donations by various means, tag sales and sales or distributions of food, beverages, flowers, tickets, newspapers, pamphlets, circulars and amusement rides. However, this section shall not be applicable to the noncommercial distribution of religious or political literature. Such activities may be carried on without the approval of the City Commission and the Downtown Business Association . Amusement rides, whether on animals or mechanical devices, shall, in addition, comply with all sections of these Codified Ordinances applicable to their operation. (Ord. 16-83. Passed 5-24-83.) (b) Nonprofit Activities. Solicitations, sales, distributions and demonstrations, as described above, conducted by nonprofit organizations, shall be subject to the procedure set forth above. Such activities, approved by the City Commission, shall be free of charge to the sponsor, except for the cost of special services provided by the City which are necessitated by the activity. In such situations, charges and arrangements for payment shall be agreed to by the parties involved prior to approval. (c) Profit Activities. Solicitations, sales, distributions and demonstrations, conducted for profit, shall be subject to the procedure set forth above and, in addition, such activities for profit shall not take place upon the streets, sidewalks or other public areas of the Central Business District without a valid permit issued by the City. (1975 Code Sec. 3.60) (d) Permits for Profit Activities. Permits required by subsection (b) hereof shall be issued by the City Clerk only in accordance with the following provisions: (1) The number of permits issued to be current at any one time shall be restricted to a reasonable number, the exact number at any given time to hbe determined by the City Commission with a recommendation from the Downtown Business Association.

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The nature of the various activities for which permits are requested shall enter into the decision on the number issued. (Ord. 16-83. Passed 5-24-83.) (2) Permits shall be issued for a maximum of twelve months and shall be posted in a visible location on the place or vehicle of business. (3) A. Applications for permits shall specify the following: The period of time for which the permit is requested;

B. The design and configuration of physical facilities to be used, including the size and public area to be utilized; C. D. The type of merchandise to be sold; The definition or location of the area requested to be occupied;

E. Evidence of having met all the standards of the County Health Department if food or beverages are to be sold; and F. Evidence of public liability insurance.

(1975 Code Sec. 3.60) (e) Permit fees. Revenue from fees for special vendor permits shall be utilized by the City for mall maintenance and improvement. Fees shall be payable in advance and shall be as set forth in the schedule provided for in Section 802.24.

814.0711 ANIMALS PROHIBITEDREGULATED; EXCEPTIONS.

No animal shall be permitted within the boundaries of the area described in Section 814.04, except when permitted by the City Commission. those animals who are leashed, licensed (with proof of license with the animal), and not dangerous as defined in MCL 287.321. This prohibition shall not apply to animals used for permitted special events, police, service or government dogs. All individuals with care, custody or control of an animal in the Central Downtown Business District shall pick up and properly dispose of any droppings left by the animal. However, this prohibition shall not apply to leader dogs being used by a blind person or being trained under contract by a sighted person as a leader dog, or the sidewalk or street areas of Jackson Street, State Street, Carlyle Street and Division Street. (Ord. 3-92. Passed 1-21-92.)

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814.0812 USE OF PRIVATELY OWNED PROPERTY.

Privately owned land area between the property line and the building line shall not be utilized for any purpose not specifically allowed by City ordinance, except that: (a) Not more than twelve inches of such land may be utilized for structural purposes relating directly to an existing building for facade improvement. (b) Such areas may, after approval of the City Commission, be utilized for temporary seasonal periods for the display and/or sale of merchandise normally offered for sale within the building adjacent thereto. In those areas which are adjacent to vacant property, the depth of such limited area shall be determined by the average distance of the adjacent building from the property line[c5]. (1975 Code Sec. 3.62)

814.13 REMOVAL OF UNAUTHORIZED ADVERTISING AND OTHER OBJECTS.

The Building Inspection Department is hereby authorized to remove or cause to be removed any object or advertising which is not approved by the DowntowCity Clerkn Business Association or the City Commission in accordance with this chapter, except as provided elsewhere in these Codified Ordinances[c6]. (Ord. 16-83. Passed 5-24-83.)

814.14 MAINTENANCE AND BEAUTIFICATION OF DISTRICT.

The Department of Parks and Recreation is hereby authorized and directed to maintain, beautify and improve the Central Business District area with plantings, flower beds and other park-type appurtenances. Any proposed design for public buildings, streets, parking lots, parks and other surface developments over public land shall be reviewed by the Director of Parks and Recreation and he shall make recommendations to ensure that the design incorporates, wherever possible, the aforementioned plantings, etc[c7]. (1975 Code Sec. 3.64)

814.0915 ENFORCEMENT.
Enforcement of this chapter shall be the responsibility of the Police Department and other officials, where applicable, as cited in this chapter. (1975 Code Sec. 3.65)

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814.106 INTERPRETATION.
All provisions and sections of this chapter shall be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the City. (1975 Code Sec. 3.66)

814.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.) In addition to any other remedies provided for by law, a person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class B[c8] Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.