Automated Speed Enforcement Policy_POSTPONED UNTIL JUNE 20, 2023Copyrighted
February 20, 2023
City of Dubuque Action Items # 04.
City Council Meeting
ITEM TITLE: Automated Speed Enforcement Policy
SUMMARY: City Attorney submitting a draftAutomated Speed Enforcement Policy
for review and discussion.
SUGGESTED Receive and File; Place on March 6, 2023, agenda for further
DISPOSITION: reviewSuggested Disposition:
ATTACHMENTS:
Description Type
Memo Staff Memo
Automated Speed Enforcement Policy Supporting Documentation
THE CITY OF
DUB E
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ. L
CITY ATTORNEY
TO: MAYOR BRAD M. CAVANAGH & MEMBERS OF THE CITY COUNCIL
DATE: FEBRUARY 17, 2023
RE: AUTOMATED SPEED ENFORCEMENT POLICY
Dubuque
AII•AnerieaCity
2007-2012.2013
2017*2019
In consultation with the City Manager and the Chief of Police a draft Automated Speed
Enforcement Policy is attached for review and discussion.
The policy was developed using information gathered from other communities, their
experiences and information, and the feedback received to date from the Council,
community members, and staff.
The categories covered by the policy include:
1) Location, Placement, Maintenance, and Public Notification
2) Issuance of Violations
3) Legislation, Case Law, & Best Practices
4) Exceptions
5) Diversion
6) Revenue Allocation
7) City Employees
8) Reporting
Thank you for your review and feedback.
cc: Michael C. Van Milligen, City Manager
Jeremy Jensen, Police Chief
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
City of Dubuque Automated Speed Enforcement Policy
Policy and Purpose: It is the policy of the City of Dubuque and the Dubuque Police
Department that traffic enforcement will be conducted with a view towards educating the
public about proper driving procedures and voluntary compliance of traffic laws, while
consistently recognizing and taking the necessary steps to minimize the dangers involved
in this activity to the users of the roadway to include motorists, pedestrians, and officers.
Automated Speed Enforcement (ASE) System:
1) Location, Placement, Maintenance, and Public Notification
• Identification of locations for placement of ASE will be determined through the
use of comprehensive data, including but not limited to crash data, complaints,
and traffic studies such as speed studies and traffic counts.
Speed measuring devices will be maintained by the vendor. The contracted
vendor shall be responsible for maintaining the system, to include calibration
and certifications.
ASE placement locations will be transparent and shared publicly through varied
channels, including but not limited to, City of Dubuque websites and social
media platforms.
2) Issuance of Violations
• Generally, violations shall be recorded for 11+ MPH over the speed limit.
However, the City reserves the right to record violations for 6+ MPH over the
speed limit for situations including, but not limited to, work zones, school zones,
and the particular need for speed enforcement at a specific location.
3) Legislation, Case Law, & Best Practices
• The Police Department and the City Attorney's Office will monitor all legislation
and judicial decisions related to automated traffic enforcement for changes and
will adjust to rulings and law changes accordingly.
The Police Department will monitor for changes in the best practices related to
ASE systems.
4) Exceptions
• Loaner or courtesy vehicles provided by a business as a courtesy to customers
during vehicle service or repair. A business will be provided an opportunity to
request waiver of ASE citations so long as the business can provide sufficient
written documentation of such service/repair/vehicle loan, as determined by the
City. This waiver shall not apply to vehicles that are rented.
• Emergency vehicles operating per Iowa Code 321.231.
5) Diversion
• Upon issuance of a citation from the ASE system, vehicle owners may apply,
in writing, for community service diversion for up to 50% of the citation fine
provided they participate in the City of Dubuque Diversion Program and the
community service is completed per the program rules and within the required
time frame.
• Rules for the City of Dubuque Diversion Program shall be developed by the
City Manager or the City Manager's designee, and made available to the public.
6) Revenue Allocation. ASE System revenue shall be directed toward the following
initiatives, and generally be allocated through the annual city budget process:
• Traffic Safety
• Public Safety
• City of Dubuque Diversion Program
7) City Employees.
• City employees must follow state and local traffic ordinances as well as city and
departmental policies when operating city vehicles.
• Violations captured on the ASE system by city employees may subject
employees to citations and/or internal discipline for violations.
• City employees will have all appeal rights as set forth in the ordinance to
challenge an ASE violation.
8) Reporting
• Data received through the ASE system will be reported to the City Council on
a quarterly basis.