Section 9-11-321.372 School Buses Discharging PupilsCity of Dubuque
City Council Meeting
Action Items # 3.
Copyrighted
April 18, 2022
ITEM TITLE: Section 9-11-321.372 School Buses Discharging Pupils
SUMMARY: City Manager recommending City Council approve an ordinance
amending City Code Section 9-11-321.372 School Buses Discharging
Pupils.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
City Code 9-11-321.372
Pupils-MVM Memo
Staff Memo
Ordinance
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 11 School Buses, Section 9-11-
321.372 School Buses Discharging Pupils
Suggested Disposition: Receive and File; Motion B; Motion A
Type
School Buses Discharging City Manager Memo
Staff Memo
Ordinance
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Section 9-11-321.372 School Buses Discharging Pupils
DATE: April 14, 2022
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
City Attorney Crenna Brumwell is recommending City Council approve an ordinance
amending City Code Section 9-11-321.372 School Buses Discharging Pupils.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
THE CITY OF
DUBbE
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, EsQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: April 13, 2022
RE: Section 9-11-321.372 School Buses Discharging Pupils
Dubuque
AII-AMINU CItg
2007.2012
2013.2017
Iowa Code Section 321.372 was updated to outline penalties for unlawful passing of
school buses.
City Code Section 9-11-321.372 mirrors State law. Because of the update, the City Code
needs to be amended.
Attached please find the ordinance amendment. I ask that it be reviewed and forwarded
to City Council for consideration.
CMB:jmm
CC' Jeremy Jensen, Chief of Police
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 18-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 11 SCHOOL BUSES, SECTION 9-11-321.372
SCHOOL BUSES DISCHARGING PUPILS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-11-321.372 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS:
A. Driver Responsibilities: The driver of a school bus used to transport children to and
from a public or private school must, when stopping to receive or discharge pupils, turn
on flashing warning lamps at a distance of not less than three hundred feet (300') nor
more than five hundred feet (500') from the point where the pupils are to be received or
discharged from the bus if the speed limit at that point is forty five (45) miles per hour or
greater and must turn on flashing warning lamps at a distance of not less than one
hundred fifty feet (150') from the point where the pupils are to be received or discharged
from the bus if the speed limit at that point is less than forty five (45) miles per hour. At
the point of receiving or discharging pupils, the driver of the bus must bring the bus to a
stop, turn off the amber flashing warning lamps, turn on the red flashing warning lamps,
and extend the stop arm. After receiving or discharging pupils, the bus driver must turn
off all flashing warning lamps, retract the stop arm and proceed on the route. Except to
the extent that reduced visibility is caused by fog, snow, or other weather conditions, a
school bus will not stop to receive or discharge pupils unless there is at least three
hundred feet (300') of unobstructed vision in each direction. However, the driver of a
school bus is not required to use flashing warning lamps and the stop arm when receiving
or discharging pupils at a designated loading and unloading zone at a school attendance
center or at extracurricular or educational activity locations where students exiting the bus
do not have to cross the street or highway.
If a school district contracts with an urban transit system to transport children to and from
a public or private school, the school bus which is provided by the urban transit system is
not required to be equipped with flashing warning lights and a stop arm.
If the school bus provided by an urban transit system is equipped with flashing warning
lights and a stop arm, the driver of the school bus must use the flashing warning lights
and stop arm as required by law.
A school bus, when operating on a highway with four (4) or more lanes, will not stop to
load or unload pupils who must cross the highway, except at designated stops where
pupils who must cross the highway may do so at points where there are official traffic
control devices or police officers.
A school bus must, while carrying passengers, have its headlights turned on.
B. Entrance/Exit For Pupils: All pupils will be received and discharged from the right
front entrance of every school bus and if said pupils must cross the highway, they are
required to pass in front of the bus, look in both directions, and proceed to cross the
highway only on signal from the bus driver.
C. Driver Responsibilities: The driver of any vehicle, including the driver of a vehicle
operating on a private road or driveway, when meeting a school bus with flashing amber
warning lamps must reduce the vehicle's speed to not more than twenty (20) miles per
hour and must bring the vehicle to a complete stop when the school bus stops and the
stop signal arm is extended and the vehicle must remain stopped until the stop signal arm
is retracted after which time the driver may proceed with due caution. The driver of a
vehicle, including the driver of a vehicle operating on a private road or driveway,
overtaking a school bus will not pass a school bus when red or amber warning signal
lights are flashing and must bring the vehicle to a complete stop no closer than fifteen
feet (15) from the school bus when it is stopped and the stop arm is extended and the
vehicle must remain stopped until the stop arm is retracted and school bus resumes
motion.
D. Bus Traveling Two Lane Highway: The driver of a vehicle upon a highway
providing two (2) or more lanes in each direction need not stop upon meeting a school
bus which is traveling in the opposite direction even though the school bus is stopped.
E. Penalties:
1. The driver of a school bus who commits a violation of subsection A or B of
this section is guilty of a simple misdemeanor punishable as a scheduled violation
under Iowa Code section 805.8A, subsection 10.
2. A person who commits a violation of subsection C of this section is subject
to the following:
(a) For a first offense, the person is guilty of a simple misdemeanor
punishable by a fine of at least three hundred forty-five dollars but not more
than nine hundred thirty dollars or by imprisonment for not more than thirty
days, or by both. The department may require the person to attend and
successfully complete, at the person's own expense, a driver improvement
program approved by the department in lieu of driver's license suspension
for the offense pursuant to section 321.210.
(b) For a second or subsequent offense, the person shall be charged
under Iowa Code section 321.372 as a serious misdemeanor.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 18th day of April, 2022.
•'U. CaWa6h,
Attest:
411�t� 17 &"
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS:
A. Driver Responsibilities: The driver of a school bus used to transport children to and
from a public or private school must, when stopping to receive or discharge pupils, turn
on flashing warning lamps at a distance of not less than three hundred feet (300') nor
more than five hundred feet (500') from the point where the pupils are to be received or
discharged from the bus if the speed limit at that point is forty five (45) miles per hour or
greater and must turn on flashing warning lamps at a distance of not less than one
hundred fifty feet (150') from the point where the pupils are to be received or discharged
from the bus if the speed limit at that point is less than forty five (45) miles per hour. At
the point of receiving or discharging pupils, the driver of the bus must bring the bus to a
stop, turn off the amber flashing warning lamps, turn on the red flashing warning lamps,
and extend the stop arm. After receiving or discharging pupils, the bus driver must turn
off all flashing warning lamps, retract the stop arm and proceed on the route. Except to
the extent that reduced visibility is caused by fog, snow, or other weather conditions, a
school bus will not stop to receive or discharge pupils unless there is at least three
hundred feet (300') of unobstructed vision in each direction. However, the driver of a
school bus is not required to use flashing warning lamps and the stop arm when receiving
or discharging pupils at a designated loading and unloading zone at a school attendance
center or at extracurricular or educational activity locations where students exiting the bus
do not have to cross the street or highway.
If a school district contracts with an urban transit system to transport children to and from
a public or private school, the school bus which is provided by the urban transit system is
not required to be equipped with flashing warning lights and a stop arm.
If the school bus provided by an urban transit system is equipped with flashing warning
lights and a stop arm, the driver of the school bus must use the flashing warning lights
and stop arm as required by law.
A school bus, when operating on a highway with four (4) or more lanes, will not stop to
load or unload pupils who must cross the highway, except at designated stops where
pupils who must cross the highway may do so at points where there are official traffic
control devices or police officers.
A school bus must, while carrying passengers, have its headlights turned on.
B. Entrance/Exit For Pupils: All pupils will be received and discharged from the right
front entrance of every school bus and if said pupils must cross the highway, they are
required to pass in front of the bus, look in both directions, and proceed to cross the
highway only on signal from the bus driver.
C. Driver Responsibilities: The driver of any vehicle, including the driver of a vehicle
operating on a private road or driveway, when meeting a school bus with flashing amber
warning lamps must reduce the vehicle's speed to not more than twenty (20) miles per
hour and must bring the vehicle to a complete stop when the school bus stops and the
stop signal arm is extended and the vehicle must remain stopped until the stop signal arm
is retracted after which time the driver may proceed with due caution. The driver of a
vehicle, including the driver of a vehicle operating on a private road or driveway,
overtaking a school bus will not pass a school bus when red or amber warning signal
lights are flashing and must bring the vehicle to a complete stop no closer than fifteen
feet (16) from the school bus when it is stopped and the stop arm is extended and the
vehicle must remain stopped until the stop arm is retracted and school bus resumes
motion.
D. Bus Traveling Two Lane Highway: The driver of a vehicle upon a highway
providing two (2) or more lanes in each direction need not stop upon meeting a school
bus which is traveling in the opposite direction even though the school bus is stopped.
E. Penalties:
1. The driver of a school bus who commits a violation of subsection A or B of
this section is guilty of a simple misdemeanor punishable as a scheduled violation
under Iowa Code section 805.8A, subsection 10.
2. A person who commits a violation of subsection C of this section is subject
to the following:
(a) For a first offense, the person is guilty of a simple misdemeanor
punishable by a fine of at least three hundred forty-five dollars but not more
than nine hundred thirty dollars or by imprisonment for not more than thirty
days, or by both. The department may require the person to attend and
successfully complete, at the person's own expense, a driver improvement
program approved by the department in lieu of driver's license suspension
for the offense pursuant to section 321.210.
(b) For a second or subsequent offense, the person shall be charged
under Iowa Code section 321.372 as a serious misdemeanor.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
04/22/2022
and for which the charge is 67.53
Subscribed to before me, a Notary Public m and for
Dubuque County, Iowa,
this 25th day of April, 2022
Notary Pi is in and for Dubuque C unty, Iowa.
:i «, JANET K. PAPE
Commiasion Number 199859
�Ay Comm. Exp. DEC 11, 2022
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 18-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 11 SCHOOL BUSES, SECTION
9-I1-321.372 SCHOOL BUSES DISCHARGING PUPILS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 9-11-321.372 of the City of Dubuque Code
of Ordinances is amended to read as follows:
9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS:
A. "Driver Responsibilities: The driver of a school bus used
to transport children to and from a public or private school
must, when stopping to receive or discharge pupils, turn on
flashing warning lamps at a distance of not less than three
hundred feet (300') nor more than Five hundred feet (500')
from the point where the pupils are to be received or
discharged from the bus if the speed limit at that point is
forty five (45) miles per hour or greater and must turn on
flashing warning lamps at a distance of not less than one
hundred fifty feet (150') from the point where the pupils are
to be received or discharged from the bus if the speed limit
at that point is less than forty five (45) miles per hour. At
the point of receiving or discharging pupils, the driver of
the bus must bring the bus to a stop, turn off the amber
flashing warning lamps, turn on the red flashing warning
lamps, and extend the stop arm. After receiving or discharging
pupils, the bus driver must turn off all flashing warning
lamps, retract the stop arm and proceed on the route. Except
to the extent that reduced visibility is caused by fog, snow,
or other weather conditions, a school bus will not stop to
receive or discharge pupils unless there is at least three
hundred feet (300') of unobstructed vision in each direction.
However, the driver of a school bus is not required to use
flashing warning lamps and the stop arm when receiving or
discharging pupils at a designated loading and unloading zone
at a school attendance center or at extracurricular or
educational activity locations where students exiting the bus
do not have to cross the street or highway.
If a school district contracts with an urban transit system
to transport children to and from a public or private school,
the school bus which is provided by the urban transit system
is not required to be equipped with flashing warning lights
and a stop arm.
If the school bus provided by an urban transit system is
equipped with flashing warning lights and a stop arm, the
driver of the school bus must use the flashing warning lights
and stop arm as required by law.
A school bus, when operating on a highway with four (4) or
more lanes, will not stop to load or unload pupils who must
cross the highway, except at designated stops where pupils who
must cross the highway may do so at points where there are
official traffic control devices or police officers.
A school bus must, while carrying passengers, have its
headlights mined on.
B. "Entrance/Exit For Pupils: All pupils will be received and
discharged from the right front entrance of every school bus
and if said pupils must cross the highway, they are required
to pass in front of the bus, look in both directions, and
proceed to cross the highway only on signal from the bus
driver.
C. ^Driver Responsibilities: The driver of any vehicle,
including the driver of a vehicle operating on a private road
or driveway, when meeting a school bus with flashing amber
warning lamps must reduce the vehicle's speed to not more than
twenty (20) miles per hour and must bring the vehicle to a
complete stop when the school bus stops and the stop signal
arm is extended and the vehicle must remain stopped until the
stop signal arm is retracted after which time the driver may
proceed with due caution. The driver of a vehicle, including
the driver of a vehicle operating on a private road or
driveway, overtaking a school bus will not pass a school bus
when red or amber warning signal lights are flashing and must
bring the vehicle to a complete stop no closer than fifteen
feet (15') from the school bus when it is stopped and the stop
arm is extended and the vehicle must remain stopped until the
stop arm is retracted and school bus resumes motion.
D.^Bus Traveling Two Lane Highway: The driver of a vehicle
upon a highway providing two (2) or more lanes in each
direction need not stop upon meeting a school bus which is
traveling in the opposite direction even though the school bus
is stopped.
E. ^Penalties:
1.^The driver of a school bus who commits a violation of
subsection A or B of this section is guilty of a simple
misdemeanor punishable as a scheduled violation under Iowa
Code section 805.8A, subsection 10.
2. ^A person who commits a violation of subsection C of this
section is subject to the following:
(a)"For a first offense, the person is guilty of a simple
misdemeanor punishable by a fine of at least three hundred
forty-five dollars but not more than nine hundred thirty
dollars or by imprisonment for not more than thirty days, or
by both. The department may require the person to attend and
successfully complete, at the persons own expense, a driver
improvement program approved by the department in lieu of
drivers license suspension for the offense pursuant to section
321.210.
(b)^For a second or subsequent offense, the person shall be
charged under Iowa Code section 321.372 as a serious
misdemeanor.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 18th day of April, 2022.
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 22nd day of April, 2022.
/s/Adrienne N. Breitfelder, City Clerk
It 4/22