City of Kalamazoo, MI
Kalamazoo County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Kalamazoo as Adm. Code §§ A224 through A224.8A. Amendments noted where applicable.]
GENERAL REFERENCES
Building code — See § 9-21 et seq.
Open containers and consumption of alcoholic beverages at Kalamazoo Mall — See § 22-42.1.
Equal distribution of tag day solicitations and sales in mall areas — See § 25-94.
Streets and other public property — See Ch. 33.
Traffic Code — See Ch. 36.
Bicycle riding at Kalamazoo Mall — See §§ 36-225 and 36-226.

§ 19-1 Definitions.

[Amended 7-31-2000 by Ord. No. 1704]
As used in this chapter, the following terms shall have the meanings indicated:
MALL
The Kalamazoo Mall, as established in § 19-2.

§ 19-2 Established.

[Amended 3-24-1976 by Ord. No. 1046; 7-31-2000 by Ord. No. 1704[1]]
A. 
The following streets, alleys or public places in the City of Kalamazoo are hereby declared and established as the Kalamazoo Mall:
(1) 
Formerly, South Burdick Street, from Michigan Avenue to South Street.
(2) 
Formerly, South Burdick Street, from South Street to Lovell Street.
(3) 
Formerly, North Burdick Street, from Michigan Avenue to Water Street.
(4) 
Formerly, North Burdick Street from Water Street to Eleanor Street.
[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, repealed former § 19-2 (which pertained to finding of facts regarding the Kalamazoo Mall) and renumbered former § 19-3, Established, as § 19-2.

§ 19-3 Controlling effect of chapter.

[Amended 7-31-2000 by Ord. No. 1704[1]]
To the extent that this chapter and policies and programs implemented pursuant to authority granted by this chapter may be inconsistent with other ordinances of this City, including the traffic and building codes among others, this chapter shall be deemed to control. In all other instances, applicable provisions of other sections of the Code of Ordinances shall apply to the mall area.
[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, renumbered former § 19-4, Controlling effect of chapter, as § 19-3.

§ 19-4 Design standards.

[Amended 6-9-1986 by Ord. No. 1382; 7-31-2000 by Ord. No. 1704[1]]
The location, number and appearance of projecting signs, awnings, marquees, facade improvements, newspaper boxes, and other installations on the mall shall conform to such design standards or regulations as may be approved by the City Commission.
[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, renumbered former § 19-9, Projecting signs, as § 19-4, Design standards.

§ 19-5 Self-propelled vehicles, bicycles, roller skates and skateboards prohibited; exceptions; enforcement.

[Amended 1-27-1986 by Ord. No. 2368; 7-31-2000 by Ord. No. 1704[1]]
A. 
No person shall operate or cause to be operated in the mall any self-propelled vehicle at any time except as permitted on those portions of the south two blocks of the mall which are designated for limited use by vehicular traffic. This provision shall not apply to ambulance, police, fire, or utility service vehicles urgently needed in or immediately adjoining the mall in an emergency, nor to special event vehicles or other delivery vehicles specifically approved by the City.
B. 
The riding of bicycles, tricycles or other pedal-powered contrivances and devices on the mall is prohibited, except on that area of the mall designated for vehicular traffic.
C. 
The use of any skateboard, roller blades, non-motorized scooters, or roller skates in the mall is prohibited, including that area of the mall designated for vehicular traffic.
D. 
The traffic engineer, or such other person or board as may be designated by the City Manager, is hereby authorized and directed to install such signs, barricades and other devices as may be necessary to ensure public safety. The City and the Department of Public Safety shall have the authority to enforce such regulations by the issuance of civil infraction citations.
[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, renumbered former § 19-11 as § 19-5. Ord. No. 1704 repealed former § 19-5, which pertained to compliance with chapter and Commission rules and regulations.

§ 19-6 Special events.

[Amended 7-31-2000 by Ord. No. 1704[1]]
A. 
Special events, including demonstrations, displays, entertainments, special promotions advertising of events and events having limited disturbance features, general interest and short duration, may be conducted in the mall area, if approved, in advance, by the City Manager, or by his or her designee. Application for such approval shall be submitted for approval in writing to the City Clerk, or to such other person as the City Commission may designate. Unless otherwise directed by the City Commission, the Clerk shall forward the application to the City Manager for approval. Such approval or rejection shall then be reported to the City Commission. Where practical, notification of the application shall be provided to such downtown advisory boards and other bodies as may be appropriate. In determining whether to approve the application, either as requested or with modifications, consideration shall be given to the following factors:
(1) 
Public interest and welfare;
(2) 
Possible interference with legitimate uses of land and buildings in the mall vicinity;
(3) 
Possible excessive noise;
(4) 
Increased litter;
(5) 
Damage to mall appointments and landscaping;
(6) 
Financial responsibility;
(7) 
Consumer protection;
(8) 
Environmental concerns; and
(9) 
All other pertinent factors.
[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, renumbered former § 19-12 as § 19-6. Ord. No. 1704 also repealed former § 19-6, which pertained to the advisory board for the Kalamazoo Mall, as amended.

§ 19-7 Solicitations and sales. [1]

A. 
Solicitations and sales shall not be made or permitted on the mall area except:
(1) 
Tag days permitted pursuant to Article V of Chapter 25 of this Code.
(2) 
When permission is expressly granted by the City Manager or his or her designee, under such conditions as the City may prescribe, for the sale of food, beverages, flowers, tickets to public events and other items.
[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, renumbered former § 19-14 as § 19-7. Ord. No. 1704 also repealed former § 19-7, which pertained to construction and maintenance of improvements, as amended.

§ 19-8 (Reserved) [1]

[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, repealed former § 19-8, which pertained to the applicability of the building code and procedure for issuance of building permits.

§ 19-9 (Reserved) [1]

[1]
Editor's Note: See the editor's note immediately following § 19-4 of this chapter.

§ 19-10 (Reserved) [1]

[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, repealed former § 19-10, which pertained to marquees and awnings.

§ 19-11 (Reserved) [1]

[1]
Editor's Note: See the editor's note immediately following § 19-5 of this chapter.

§ 19-12 (Reserved) [1]

[1]
Editor's Note: See the editor's note immediately following § 19-6 of this chapter.

§ 19-13 (Reserved) [1]

[1]
Editor's Note: Ord. No. 1704, adopted 7-31-2000, repealed former § 19-13, which pertained to installation and use of loudspeakers.

§ 19-14 (Reserved) [1]

[1]
Editor's Note: See the editor's note immediately following § 19-7 of this chapter.

§ 19-15 Prohibition of automobile traffic and parking along the Kalamazoo Mall.

[Added 11-5-1996 by Ord. No. 1626[1]]
It shall hereafter be unlawful for the City Commission or City officials, City committees, employees or contractors to redesign and reconstruct the Kalamazoo Mall between Lovell and Eleanor Streets (formerly known as Burdick Street) for the purpose of permitting automobile traffic and/or parking along the same without a favorable vote of a majority of the registered electors of the City voting on such redesign and reconstruction at a general or special election called for that purpose. Said Chapter 19 shall not be repealed or further amended in any manner that would permit such traffic or parking without an approving vote of a majority of the registered electors of the City voting on such repeal or amendment at a general or special election called for that purpose.
[1]
Editor's Note: The provisions of Ord. No. 1626 were approved by the voters at an election held on 11-5-1996.