Proof of Publication ORD #111-99 Amending City of Dbq Code of Ordinances Prohibitng Possession of Open Container In Motor Vehicles Drivers & Passengers(OFFICIAL PUBLICATION)
ORDINANCE NO. 111-99
AN ORDINANCE AMENDING
THE CITY OF DUBUQUE
CODE OF ORDINANCES BY
ENACTING A NEW SECTION
5-9, PROHIBITING POSSES-
SION OF OPEN CONTAIN-
ERS OF ALCOHOLIC BEV-
ERAGES IN MOTOR VEHI
CLES BY DRIVERS, AND A
NEW SECTION 5-10, PRO-
HIBITING OPEN CONTAIN-
ERS OF ALCOHOLIC BEV-
ERAGES IN MOTOR VEHI-
CLES BY PASSENGERS.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of
Dubuque, Iowa, is hereby
amended by adopting the
following new Section 5-9,
Open Containers in Motor
Vehicles -Drivers:
Section 5-9. Open containers
in motor vehicles -drivers.
(a) The driver of a motor_.
vehicle upon a public street
shall not possess in the pas-
senger area of the motor
vehicle an open or unsealed
bottle, can, jar, or other re-
ceptacle containing an alco-
holic beverage. "Passenger
area" means the area de-
signed to seat the driver or
the passengers while the_,
motor vehicle is in operation
and any area that is readily
accessible to the driver or a
passenger while in a seating
position, including the glove
compartment. An open or
unsealed receptacle contain-
ing an alcoholic beverage may
be transported in the trunk of
the motor vehicle. An un
sealed receptacle containing
an alcoholic beverage may be
transported behind the last
upright seat of the motor
vehicle if the motor vehicle
does not have a truck.
(b) The scheduled fine for a
violation of this Section shall
be fifty dollars ($50.00).
Section 2. That the Code of_,_
Ordinances of the City of
Dubuque, Iowa, is hereby
amended by adopting the
following new Section 5-10,
Open Containers in Motor
Vehicles -Passengers:
Section 5-10. Open contain-
ers in motor vehicles -
passengers.
(a) The passenger in a motor
vehicle upon a public street
shall not possess in the pas-
senger area of the motor
vehicle an open or unsealed
bottle, can, jar, or other re-
ceptacle containing an alco-
holic beverage. "Passenger
area" means the area de-
signed to seat the driver or a
passengers while the motor._
vehicle is in operation and any
area that is readily accessible
to the driver and passenger
while in a seating position,
including the glove compart-
ment. An open or unsealed
receptacle containing an
alcoholic beverage may be
transported in the trunk of the
motor vehicle. An unsealed._
receptacle containing an
alcoholic beverage may be
transported behind the last
upright seat of the motor
vehicle if the motor vehicle
does not have a truck.
(b) This section does not
apply to a passenger being
transported in a motor vehicle
designed, maintained, or used
primarily for the transportation
of persons for compensation,
or a passenger being trans- '
ported in the living quarters of
a motor home,mobile home,
travel trailer, or fifth -wheel
travel trailer.
(c)The scheduled fine for a
violation of this Section shall
be fifty dollars ($50.00).
Section 3. This Ordinance
shall take effect upon publica-
tion.
Passed, approved and
adopted this 6th day of De-
cember, 1999.
/s/Terrance M. Duggan
Mayor
Attest:
/s/ Mary A. Davis
City Clerk
Published officially in the
Telegraph Herald Newspaper
this 13th day of December,
1999.
Mary A. Davis CMC
City Clerk
1t 12/13
1)-4,I1999
C'W204 11-9 9
STATE OF IOWA { SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Kathy Hefei, a Billing'Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation 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 DecPm 6e r 13
, 19 19
charge is $ �3 .
, and for which the
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /ele3t, day oe>> ` eAJ 19 ?9 .
Notary 1 Hblic in and for Dubuque Cou4lty, Iowa
ARY WESTERMEYER
MY COMMISSION EXPIRES
FEBRUARY 1, 2002