HomeMy WebLinkAbout1996 Ordinance Motion establishing Principal Shopping District Board BY COUNCILMEMBER LILLY
THAT WE MOVE TO THE PASSAGE OF ORDINANCES
BY COUNCILMEMBER LILLY
THAT THE ORDINANCE WHEN READ BE CONSIDERED AS READ IN ITS ENTIRETY.
BY THE COMMITTEE ON DEVELOPMENT AND PLANNING:
BY COUNCILMEMBER LILLY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING THAT AN ORDINANCE AMENDING THE CODE
OF ORDINANCES BY AMENDING CHAPTER 81 2 FOR THE PURPOSE OF PROVIDING FOR THE
ESTABLISHMENT OF THE DOWNTOWN LANSING AND ENVIRONS PRINCIPAL SHOPPING DISTRICT, TO
DEFINE TERMS USED IN SAID CHAPTER, AND TO ESTABLISH THE BOUNDARIES OF SAID DISTRICT, BE
PLACED ON ORDER OF IMMEDIATE PASSAGE
BY THE COMMITTEE ON DEVELOPMENT AND PLANNING:
BY COUNCILMEMBER LILLY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING THAT AN ORDINANCE AMENDING THE CODE
OF ORDINANCES BY AMENDING CHAPTER 81 2 FOR THE PURPOSE OF PROVIDING FOR THE
ESTABLISHMENT OF THE DOWNTOWN LANSING AND ENVIRONS PRINCIPAL SHOPPING DISTRICT, TO
DEFINE TERMS USED IN SAID CHAPTER, AND TO ESTABLISH THE BOUNDARIES OF SAID DISTRICT, BE
NOW PASSED.
BY COUNCILMEMBER LILLY
TO AMEND THE ORDINANCE IN SUBSECTION 8 1 2.08(A)(3) TO SAY "PURSUANT TO SUBSECTION (C)
HEREOF;` AND TO PLACE AN AFFIRMATIVE ROLL ON THE ORDINANCE AS AMENDED
YEAS: COUNCILMEMBERS ALLEN, BAUER, BENAVIDES, JONES, LEEMAN, LILLY, NOVAK
NAYS; NONE
ABSENT: BEAL
trre�.
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AN ORDINANCE TO AMEND AND REVISE CHAPTER 8 1 2 OF THE CODIFIED ORDINANCES OF
LANSING TO PROVIDE FOR THE ESTABLISHMENT OF THE DOWNTOWN LANSING AND ENVIRONS
PRINCIPAL SHOPPING DISTRICT, TO DEFINE TERMS USED IN SAID CHAPTER, AND TO
ESTABLISH THE BOUNDARIES OF SAID DISTRICT.
THE CITY OF LANSING ORDAINS:
SECTION I . THAT CHAPTER 6 1 2 OF THE CODIFIED ORDINANCES OF LANSING IS AMENDED AND
REVISED TO READ AS FOLLOWS:
612.01 DEFINITIONS
(A) "ALLEY" MEANS A PUBLICLY OWNED ACCESS WAY WHICH IS INTENDED TO SERVE
ADJACENT PROPERTY.
(B) "LANDSCAPE AREA" MEANS A PLANTER TUB, A GRATED TREE PLANTER, A BERMED
PLANTING, THE PARKWAY, OR A FLOWER, GROUND COVER OR SHRUB BED WITH OR
WITHOUT A MULCH COVERING.
(C) "PARKWAY" MEANS THE AREA BETWEEN THE EDGE OF THE ROADWAY AND THE
SIDEWALK, OR THE PROPERTY LINE WHERE THERE IS NO SIDEWALK.
(D) PUBLIC OUTDOOR SPACE MEANS ANY RIGHT OF WAY OR CITY OWNED PROPERTY.
(E) "RIGHT OF WAY" MEANS THE ENTIRE PORTION OF LAND BETWEEN PROPERTY LINES,
INCLUDING ANY STREET, ROADWAY, HIGHWAY OR ALLEY LOCATED THEREIN.
(F) "STREET," "ROADWAY" AND "HIGHWAY" MEANS THE PORTION OF THE RIGHT OF WAY
INTENDED FOR VEHICULAR TRAVEL.
(G) "SIDEWALK" MEANS THAT HARD SURFACE PART OF THE RIGHT OF WAY BETWEEN THE
PARKWAY AND THE PROPERTY LINE INTENDED FOR USE BY NON-MOTORED TRAFFIC AND
PEDESTRIANS.
(H) "TEMPORARY ENCROACHMENT' REFERS TO USES THAT INVOLVE THE USE OF THE PUBLIC
RIGHT OF WAY FOR SPECIFIC ACTIVITIES TAKING PLACE ON A SEASONAL BASIS OR FOR
SHORT DURATIONS. THESE INCLUDE BUT ARE NOT LIMITED TO TABLES, CHAIRS
DISPLAY RACKS, SURFACE LEVEL SIGNS, PUSH CARTS, PEDESTALS, SOLICITORS,
SALES PERSONS, MUSICIANS, AND OUTDOOR EXHIBITIONS.
( I ) "WASHINGTON SQUARE MALL" MEANS THE THREE (3) BLOCK RIGHT OF WAY OF N.
WASHINGTON BETWEEN 1 ) THE NORTH CURB LINE OF MICHIGAN AVENUE AND THE
SOUTH CURB LINE OF OTTAWA STREET; 2) THE NORTH CURB LINE OF OTTAWA STREET
AND THE SOUTH CURB LINE OF IONIA STREET; AND 3) THE NORTH CURB LINE OF IONIA
STREET AND THE SOUTH CURB LINE OF SHIAWASSEE STREET AND ALSO THE FOUR (4)
BLOCK RIGHT OF WAY OF S. WASHINGTON BETWEEN 1 ) THE SOUTH CURB LINE OF
MICHIGAN AVENUE AND THE NORTHER CURB LINE OF ALLEGAN ST.; 2) THE SOUTH
CURB LINE OF ALLEGAN ST. AND THE NORTH CURB LINE OF WASHTENAW ST.; 3) THE
SOUTH CURB LINE OF WASHTENAW ST. AND THE NORTH CURB LINE OF KALAMAZOO
ST.; AND 4) THE SOUTH CURB LINE OF KALAMAZOO ST. AND THE NORTH CURB LINE
OF LENAWEE ST,
6 1 2.02 POWERS OF CITY REGARDING DEVELOPMENT OR REDEVELOPMENT; ASSESSMENTS.
(A) THE CITY MAY PROVIDE FOR THE DEVELOPMENT OR REDEVELOPMENT OF THE PRINCIPAL
SHOPPING DISTRICT AS AUTHORIZED BY PUBLIC ACT NO. 120 OF 196 1 AS AMENDED
(M.C.L.A. 1 25.98 1 ET SEQ.) AND THIS CHAPTER.
(B) THE USE IN THIS CHAPTER OF THE TERM "PUBLIC IMPROVEMENT" DOES NOT PREVENT
THE LEVYING OF A SPECIAL ASSESSMENT FOR THE COST OF A PART OF A PRINCIPAL
SHOPPING DISTRICT PROJECT THAT REPRESENTS SPECIAL BENEFITS.
(C) WHENEVER COUNCIL ORDERS PUBLIC IMPROVEMENTS THAT ARE MENTIONED IN THIS
SECTION, IT MAY DETERMINE, BY RESOLUTION OR ORDINANCE, THAT THE WHOLE OR
SOME PORTION OF THE EXPENSE OF ANY SUCH PUBLIC IMPROVEMENT SHALL BE
BORNE BY THr- OWNERS OF ADJACENT PARCELS Or LAND. IN SUCH A CASE, THE
PROCEDURE TO BE USED TO ASSESS THE COST OF SUCH PUBLIC IMPROVEMENTS
SHALL BE BORNE BY THE OWNERS OF ADJACENT PARCELS OF LAND. IN SUCH A
CASE, THE PROCEDURE TO BE USED TO ASSESS THE COST OF SUCH PUBLIC
IMPROVEMENTS SHALL BE AS SET FORTH IN CHAPTER 1026.
6 1 2.01 DESIGNATION OF AREA.- TO PROMOTE ECONOMIC ACTIVITY AND TO PROVIDE FOR
THE MAINTENANCE, SECURITY AND OPERATION OF A PRINCIPAL SHOPPING DISTRICT.
THE DOWNTOWN LANSING AND ENVIRONS PRINCIPAL SHOPPING DISTRICT (HEREINAFTER
CALLED PRINCIPAL SHOPPING DISTRICT), INCLUSIVE OF PARCELS WITHIN OR HAVING
FRONTAGE IMMEDIATELY CONTIGUOUS TO THE DESCRIBED BOUNDARY, IS HEREBY DECLARED
AND ESTABLISHED AS:
PRINCIPAL SHOPPING DISTRICT: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT
OF WAY OF S. CAPITOL AVENUE AND THE NORTH RIGHT OF WAY LINE OF W. ST. JOSEPH
STREET, "POINT OF BEGINNING", NORTH ALONG THE S. CAPITOL AVENUE RIGHT OF WAY
LINE TO THE CENTERLINE OF W. ALLEGAN STREET, THEN EAST ALONG THE W. ALLEGAN
CENTERLINE TO THE CENTERLINE OF S. CAPITOL AVENUE, NORTH ALONG THE S. CAPITOL
AVENUE CENTERLINE TO THE CENTERLINE OF W. SAGINAW STREET, EAST ALONG THE W.
SAGINAW STREET CENTERLINE TO THE WEST RIGHT OF WAY LINE OF N. WASHINGTON
AVENUE, NORTH ALONG THE N. WASHINGTON AVENUE RIGHT OF WAY LINE TO THE NORTH
RIGHT OF WAY LINE OF W. GRAND RIVER AVENUE, EAST ALONG THE W. GRAND RIVER
AVENUE RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF TURNER STREET, NORTH
ALONG THE TURNER STREETTO THE NORTH RIGHT OF WAY LINE OF CLINTON STREET, EAST
ALONG THE CLINTON STREET RIGHT OF WAY TO THE EAST RIGHT OF WAY LINE OF CENTER
STREET, SOUTH ALONG THE CENTER STREET RIGHT OF WAY LINE TO THE NORTH RIGHT OF
WAY LINE OF LIBERTY STREET, EAST ALONG THE LIBERTY STREET RIGHT OF WAY LINE TO
THE CENTERLINE OF N. CEDAR STREET, SOUTH ALONG THE N. CEDAR STREET CENTERLINE
TO THE SOUTH RIGHT OF WAY LINE OF E. GRAND RIVER AVENUE, EAST ALONG THE E.
GRAND RIVER AVENUE RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF N. LARCH
STREET, SOUTH ALONG THE N. LARCH STREET RIGHT OF WAY LINE TO THE CENTERLINE OF
E. SHIAWASSEE STREET, EAST ALONG THE E. SHIAWASSEE STREET CENTERLINE TO THE
WEST RIGHT OF WAY LINE OF THE CONRAIL RIGHT OF WAY, SOUTH ALONG THE CONRAIL
RIGHT OF WAY LINE TO THE SOUTH RIGHT OF WAY LINE OF E. MICHIGAN AVENUE, WEST
ALONG THE E. MICHIGAN AVENUE RIGHT OF WAY LINE TO THE EAST RIGHT OF WAY LINE OF
S. LARCH STREET, SOUTH ALONG THE S. LARCH STREET RIGHT OF WAY LINE TO THE
CENTERLINE OF E. KALAMAZOO STREET, THEN WEST ALONG E. KALAMAZOO STREET
CENTERLINE TO THE CENTERLINE OF S. LARCH STREET, THEN SOUTH ALONG THE S. LARCH
STREET CENTERLINE TO THE NORTH RIGHT OF WAY LINE OF ST, JOSEPH STREET
(E)CTENDED), WEST ALONG THE ST. JOSEPH STREET RIGHT OF WAY LINE (E)CTENDED) TO
THE POINT OF BEGINNING.
612.04 PORTIONS OF WASHINGTON SQUARE MALL TREATED AS SIDEWALKS,
THE PORTION OF THE WASHINGTON SQUARE MALL LYING BETWEEN LOT LINES OF PROPERTY AND
A LINE PARALLEL TO SUCH PROPERTY LINES AND TWENTY FEET THEREFROM, MEASURED ON THE
PERPENDICULAR, SHALL BE TREATED AS SIDEWALKS AND SHALL BE SUBJECT TO ALL PROVISIONS OF
THESE CODIFIED ORDINANCES APPLICABLE TO SIDEWALKS.
6 1 2.05 WASHINGTON SQUARE MALL CLOSED TO VEHICULAR TRAFFIC; EXCEPTIONS;
(A) THE WASHINGTON SQUARE MALL IS CLOSED TO ALL VEHICULAR TRAFFIC, INCLUDING THE
RIDING OF BICYCLES, EXCEPT AS PROVIDED IN SUBSECTIONS (B) HEREOF
(B) SUBSECTION (A) HEREOF DOES NOT APPLY TO THE FOLLOWING VEHICLES:
( I ) EMERGENCY VEHICLES. PUBLIC POLICE AND FIRE VEHICLES AND PUBLIC AND PRIVATE
AMBULANCES;
(2) PUBLIC WORKS, MAINTENANCE AND SERVICE VEHICLES. PUBLIC AND PRIVATE STREET REPAIR
AND CONSTRUCTION VEHICLES AND EQUIPMENT; PUBLIC AND PRIVATE MAINTENANCE, STREET
CLEANING AND SNOW REMOVAL VEHICLES AND EQUIPMENT; PUBLIC AND PRIVATE WATER AND SEWER
REPAIR AND CONSTRUCTION VEHICLES AND EQUIPMENT; AND PUBLIC AND PRIVATE VEHICLES AND
EQUIPMENT ENGAGED 'M CONSTRUCTION, SERVICE AND REPAIR OF ELECTRIC, GAS, TELEPHONE OR
OTHER PUBLIC UTILITY FACILITIES; AND
(3) MOTOR VEHICLES AUTHORIZED BY SPECIAL PERMIT. UPON DEMONSTRATION BY AN APPLICANT
OF SUBSTANTIAL NEED TO USE THE AREA DEEMED IN SUBSECTION (A) HEREOF DURING THE COURSE
OF BUSINESS OR OTHERWISE, THE MAYOR OR THE DIRECTOR OF PARKS AND RECREATION MAY
ISSUE A TEMPORARY SPECIAL PEN-NIT FOR THE PURPOSES OUTLINED IN THE APPLICATION FOR SUCH
PERMIT.
8 1 2.06 PORTIONS CLOSED TO SKATEBOARDS, IN-LINE SKATING AND BICYCLES.
(A) NO PERSON SHALL RIDE AND/OR MANEUVER A SKATEBOARD ON THE WASHINGTON
SQUARE MALL BETWEEN SHIAWASSEE STREET AND MICHIGAN AVENUE OR ON THE S.
WASHINGTON AVENUE RIGHT OF WAY BETWEEN MICHIGAN AVENUE AND LENAWEE
STREET OR IN THE AREA BOUNDED BY THE NORTH STREET CURB LINE OF MICHIGAN
AVENUE ON THE SOUTH, THE EAST LINE OF THE RIVER WALK ON THE WEST, THE NORTH
STREET CURB LINE OF MUSEUM DRIVE ON THE NORTH, AND THE WEST RIGHT OF WAY
LINE OF CEDAR STREET ON THE EAST, EXCEPT AS PROVIDED IN SECTION 6 1 2.08.
(B) NO PERSON SHALL IN-LINE SKATE ON THE WASHINGTON SQUARE MALL BETWEEN
SHIAWASSEE STREET AND MICHIGAN AVENUE OR ON THE WASHINGTON AVENUE RIGHT
OF WAY BETWEEN MICHIGAN AVENUE AND LENAWEE STREET OR IN THE AREA BOUNDED
BY THE NORTH STREET CURB LINE OF MICHIGAN AVENUE ON THE SOUTH, THE EAST
LINE OF THE RIVER WALK ON THE WEST, THE NORTH STREET CURB LINE OF MUSEUM
DRIVE ON THE NORTH, AND THE WEST RIGHT OF WAY LINE OF CEDAR STREET ON THE
EAST, EXCEPT AS PROVIDED IN SECTION 8 1 2.06.
(C) RIDING OF BICYCLES IS REGULATED IN ACCORDANCE WITH SECTIONS 1 .003A AND
6. 1 9(2) OF THE TRAFFIC CODE.
8 12.07 PRINCIPAL SHOPPING DISTRICT BOARD
THE MAYOR SHALL APPOINT AND COUNCIL SHALL CONFIRM AN EIGHT-MEMBER PRINCIPAL
SHOPPING DISTRICT BOARD RESPONSIBLE TO THE MAYOR AND COUNCIL FOR:
(A) A PROGRAM TO MANAGE THE PROMOTION OF ECONOMIC ACTIVITY IN THE PRINCIPAL
SHOPPING DISTRICT BY UNDERTAKINGS INCLUDING, BUT NOT LIMITED TO, CONDUCTING
MARKET RESEARCH AND PUBLIC RELATIONS CAMPAIGNS, DEVELOPING,
COORDINATING, AND CONDUCTING RETAIL AND INSTITUTIONAL PROMOTIONS, AND
SPONSORING SPECIAL EVENTS AND RELATED ACTIVITIES. A BUSINESS MAY PROHIBIT
THE USE OF ITS NAME OR LOGO IN A PUBLIC RELATIONS CAMPAIGN, PROMOTION, OR
SPECIAL EVENT OR RELATED ACTIVITY FOR THE PRINCIPAL SHOPPING DISTRICT;
(B) A PROGRAM TO PROVIDE FOR THE MAINTENANCE, SECURITY, AND OPERATION OF THE
PUBLIC OUTDOOR SPACES WITHIN THE PRINCIPAL SHOPPING DISTRICT; AND
(C) ADVISING THE MAYOR ON THE ISSUANCE OF PERMITS FOR SPECIAL EVENTS, RIGHT OF
WAY CLOSURES, BANNERS, TEMPORARY ENCROACHMENT USES, BICYCLING EVENTS,
SKATEBOARDING EVENTS AND/OR IN-LINE SKATING EVENTS.
(D) ADVISING THE MAYOR AND COUNCIL ON THE METHOD TO FINANCE THE WHOLE OR ANY
PART OF THE PRINCIPAL SHOPPING DISTRICT PROJECT(S).
(E) THE ANNUAL SUBMISSION, PRIOR TO DECEMBER I OF EACH YEAR, OF A WRITTEN
REPORT EVALUATING THE EFFECTIVENESS AND ANALYZING THE STATUS, PRIORITIES FOR
SERVICE, ACTIVf1lES AND PROGRAMS OF THE PRINCIPAL SHOPPING DISTRICT BOARD;
THE REPORT bHALL BE FILED WITH THE CITY CLERK ,,ND COPIES PROVIDED TO THE
MAYOR AND COUNCIL;
(F) THE ANNUAL SUBMISSION, PRIOR TO AUGUST 1 5 OF EACH YEAR, OF AN INDEPENDENT
AUDIT OF ALL ACCOUNTS ATTHE CLOSE OF THE FISCAL YEAR, WHICH SHALL END JUNE
30; THE AUDIT SHALL BE MADE BY A CERTIFIED PUBLIC ACCOUNTANT AND SHALL BE
FILED WITH THE CITY CLERK AND COPIES PROVIDED TO THE MAYOR AND COUNCIL;
(G) THE ANNUAL SUBMISSION, PRIOR TO JUNE 30 OF EACH YEAR OR PRIOR TO ANY
REQUEST FOR THE CITY TO LEVY A SPECIAL ASSESSMENT, OF THE BUDGET OF THE
PRINCIPAL SHOPPING DISTRICT BOARD FOR THE FISCAL YEAR COMMENCING JULY I OF
THAT YEAR.
THE BOARD SHALL CONSIST OF A REPRESENTATIVE OF CITY GOVERNMENT, AN INDIVIDUAL FROM THE
ADJACENT RESIDENTIAL AREA AND AT LEAST FIVE OWNERS OR OPERATORS OF BUSINESSES
LOCATED WITHIN THE PRINCIPAL SHOPPING DISTRICT. THE BOARD APPOINTEES SHALL SERVE
OVERLAPPING FOUR-YEAR TERMS. IN THE FIRST INSTANCE, THE MAYOR SHALL SO ARRANGE THEIR
TERMS THAT TWO MEMBERS TERMS SHALL EXPIRE ON JUNE 30, 1 997, TWO MEMBERS' TERMS ON
JUNE 30 IN THE SUCCEEDING YEAR, AND TWO MEMBERS TERMS ON JUNE 30 IN THE THIRD YEAR,
AND TWO MEMBERS'TERMS ON JUNE 30 IN THE FOURTH YEAR, THE BOARD SHALL MEET NOT
LESS THAN ONCE A MONTH. THE AFFIRMATIVE VOTE OF FIVE MEMBERS OF THE BOARD SHALL
BE NECESSARY FOR THE BOARD TO TAKE ACTION.
8 1 2.06 PERMITS FOR CERTAIN ACTIVITIES.
(A) REQUIRED. THE FOLLOWING ACTIVITIES ARE PROHIBITED IN THE PUBLIC SPACES OF THE
PRINCIPAL SHOPPING DISTRICT, UNLESS A PERMIT HAS BEEN OBTAINED FOR SUCH ACTIVITY:
( 1 ) ANY PEDDLING, HAWKING AND VENDING WITHIN THE MEANING OF SECTION W.0 I ;
(2) THE SALE OF OR SOLICITING OF THE SALE OF ICE CREAM, ICE CREAM PRODUCTS OR
CONFECTIONS WITHIN THE MEANING OF SECTIONS 644. 19 AND 644.20;
(3) ANY DISPLAY OF MERCHANDISE, PRODUCTS OR GOODS, EXCEPT AS PART OF AN ORGANIZED
PROMOTION OR SHOW WHICH HAS RECEIVED A PERMIT PURSUANT TO SUBSECTION °C)
HEREOF; AND
(4) ANY SHOW OR EXHIBITION.
(B) THE FOLLOWING ACTIVITIES ARE PROHIBITED ON THE WASHINGTON SQUARE MALL
BETWEEN SHIAWASSEE AND MICHIGAN AND ON THE S. WASHINGTON AVENUE RIGHT OF
WAY BETWEEN MICHIGAN AVENUE AND LENAWEE STREET, UNLESS A PERMIT HAS BEEN
OBTAINED FOR SUCH ACTIVITY:
( 1 ) SKATEBOARDING
(2) IN-LINE SKATING
(3) BICYCLING
(C) PERMIT CONDITIONS.
( 1 ) THE PRINCIPAL SHOPPING DISTRICT BOARD SHALL REVIEW ANY APPLICATION FOR A PERMIT
REQUIRED IN SUBSECTION (A) HEREOF AND SHALL MAKE WRITTEN RECOMMENDATIONS TO THE
MAYOR CONCERNING THE ISSUANCE OR DENIAL OF ANY SUCH PERMIT.
(2) COUNCIL MAY ESTABLISH BY RESOLUTION AN APPROPRIATE FEE SCHEDULE FOR SUCH
PERMITS.
(3) PERMITS ISSUED BY THE CITY TO HAWK, PEDDLE OR VEND OR FOR THE SALE OF OR THE
SOLICITATION OF THE SALE OF ICE CREAM, ICE CREAM PRODUCTS OR CONFECTIONS WITHIN
THE PRINCIPAL SHOPPING DISTRICT SHALL BE ANNUAL PERMITS. PERMITS ISSUED TO
CONDUCT SHOWS, EXHIBITIONS OR DISPLAYS OF MERCHANDISE, PRODUCTS OR GOODS AS
PART OF AN ORGANIZED SHOW AS PROMOTION SHALL BE VALID ONLY FOR THE DURATION OF
THE SCHEDULED EVENTS.
(4) PERMITS GRANTED MAY BE MADE CONDITIONAL ACCORDING TO LOCATION WITHIN THE
PRINCIPAL SHOPPING DISTRICT. THE AREAS IN WHICH ACTIVITIES INCLUDING SELLING,
VENDING OR HAWKING ARE PERMITTED SHALL BE REVIEWED ANNUALLY BY THE BOARD AND BE
SUBJECTED TO APPROVAL BY THE MAYOR.
(S) ANY APPLICANT WHO IS DENIED ANY PERMIT REQUIRED IN SUBSECTION (A) HEREOF MAY
APPEAL THE DENIAL TO COUNCIL.
(6) THE BOARD SHALL RECOMMEND, RULES AND REGULATIONS SUBJECT TO REVIEW AND
APPROVAL BY THE COUNCIL, FOR THE ISSUANCE, DENIAL AND REVOCATION OF SUCH
PERMITS.
(D) REVOCATION, HEARING: DAMAGE TO PERSONS OR PROPERTY.
(7) THE MAYOR OR HIS/HER DESIGNEE MAY, AFTER CONSULTATION WITH THE CITY ATTORNEY
AND A HEARING CONDUCTED PURSUANT TO THIS SUBSECTION, RECOMMEND TO COUNCIL THAT
A PERMIT ISSUED UNDER THIS SECTION BE REVOKED FOR DAMAGING, DEFACING, INJURING,
ALTERING OR REMOVING PUBLIC PROPERTY OR ANY PORTION THEREOF, OR FOR
ENDANGERING PEDESTRIANS OR VEHICLES THEREUPON; OR FOR VIOLATING ANY OTHER STATE
LAW OR CITY ORDINANCE.
(6) PRIOR TO SUCH RECOMMENDATION, THE MAYOR OR HIS/HER DESIGNEE SHALL SERVE
NOTICE IN WRITING ON THE HOLDER OF SUCH PERMIT OF THE TIME, PLACE AND DATE OF THE
HEARING. THE NOTICE SHALL BE SERVED UPON THE PERMIT HOLDER A MINIMUM OF TEN DAYS
BEFORE THE SCHEDULED HEARING AND SHALL CONTAIN A REASONABLY DEFINITE STATEMENT
OF THE REASON THAT THE PERMIT HOLDER IS ALLEGED TO HAVE COMMITTED THE VIOLATION.
THE NOTICE SHALL INFORM THE PERMIT HOLDER THAT HE OR SHE MAY APPEAR IN PERSON
WITH OR WITHOUT COUNSEL, MAY PRODUCE WITNESSES ON HIS OR HER OWN BEHALF AND MAY
CROSS-EXAMINE WITNESSES WHO TESTIFY AGAINST HIM OR HER. ANY HEARING CONDUCTED
BY THE MAYOR OR HIS/HER DESIGNEE PURSUANT TO THIS SECTION SHALL INCLUDE A FULL
CONSIDERATION OF THE ISSUES INVOLVED AND A DETERMINATION OF FACTS ON THE BASIS OF
EVIDENCE PRESENTED. IF, AFTER A PROPER HEARING, THE MAYOR OR HIS/HER DESIGNEE
DETERMINES THAT THE PERMIT SHOULD BE REVOKED, HE OR SHE SHALL WITHIN FIVE DAYS
NOTIFY COUNCIL IN WRITING WITH A RECOMMENDATION THAT THE PERMIT BE REVOKED.
6 1 2.09 EXCEPTED AREAS AND FACILITIES.
FOR PURPOSES OF SECTIONS 6 12.07 AND 6 1 2.06, PUBLIC SPACES AND PUBLIC OUTDOOR
SPACES SHALL NOT INCLUDE PROPERTIES OPERATED AND MAINTAINED BY THE LANSING
ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITY, CITY PARKING GARAGES, OR CITY
OPERATED SURFACE PARKING LOTS OR DESIGNATED PARK LAND; PROVIDED THAT THIS
EXCEPTION SHALL NOT INCLUDE PERIODIC MAINTENANCE OR CLEANING OF THE CITY HALL
PATIO OR OLDSMOBILE PARK PLAZA.
SECTION 2. THAT THE DOWNTOWN MALL AND ENVIRONS ADVISORY BOARD HERETOFORE EXISTING
PURSUANT TO CHAPTER 6 1 2 AS PREVIOUSLY ENACTED IS ABOLISHED UPON THE EFFECTIVE DATE OF
THIS ORDINANCE,
SECTION 3. ALL ORDINANCES, RESOLUTIONS OR RULES, PARTS OF ORDINANCES, RESOLUTIONS, OR
RULES INCONSISTENT WITH THE PROVISIONS HEREOF ARE HEREBY REPEALED.
SECTION 4. SHOULD ANY SECTION, CLAUSE OR PHRASE OF THIS ORDINANCE BE DECLARED TO BE
INVALID, THE SAME SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE, OR ANY PART
THEREOF OTHER THAN THE PART SO DECLARED TO BE INVALID,
SECTION S. THIS ORDINANCE SHALL TAKE EFFECT ON THE 30TH DAY AFTER ENACTMENT UNLESS
GIVEN IMMEDIATE EFFECT BY CITY COUNCIL.
MARILYNN SLADE, CITY CLERK