Open Container OrdinancesCity of Dubuque
City Council
ACTION ITEMS # 4.
Copyrighted
February 16, 2026
ITEM TITLE: Open Container Ordinances
SUMMARY: City Attorney recommending City Council amend the open
container ordinances to include the state of Iowa
amendments regarding tetra hydrocannabinol.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 9 Motor Vehicles And Traffic Chapter 7
Operation Division 4 Criminal Offenses, Section 9-7-321.284:
Open Containers In Motor Vehicles; Drivers And Section 9-7-
321.284A: Open Containers In Motor Vehicles; Passengers
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. Council_Open Container Amendments_2-4-26
2. Open Containers Ordinance_02-03-2026
Page 1082 of 1214
THE CITY OF
DUB E
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
TO: MAYOR BRAD M. CAVANAGH AND MEMBERS OF THE CITY COUNCIL
DATE: FEBRUARY 4, 2026
RE: OPEN CONTAINER ORDINANCES
Dubuque
AII•Amerin Cily
I I
2007-2012.2013
2017*2019
During a recent discussion of updating practices within the organization related to
alcoholic beverages Chief Jensen mentioned the possibility of updating our local
ordinances on open containers as the state law was updated last session. The City tries
to mirror the state code when possible for ease of enforcement for our police department
staff.
The state amendments:
Incorporated a prohibition of beverages containing any amount of
tetrahydrocannabinol for drivers of vehicles and
Outlined limitations on the transport of lawful beverages containing
tetrahydrocannabinol.
I respectfully request our open container ordinances be amended to include the state of
Iowa amendments.
cc: 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
Page 1083 of 1214
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 8 - 26
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC CHAPTER 7 OPERATION DIVISION 4 CRIMINAL
OFFENSES, SECTION 9-7-321.284: OPEN CONTAINERS IN MOTOR VEHICLES;
DRIVERS AND SECTION 9-7-321.284A: OPEN CONTAINERS IN MOTOR VEHICLES;
PASSENGERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-7-321.284 and Section 9-7-321.284A of the City of Dubuque
Code of Ordinances is hereby amended to read as follows:
9-7-321.284: OPEN CONTAINERS IN MOTOR VEHICLES; DRIVERS:
A driver of a motor vehicle upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other
receptacle containing an alcoholic beverage or a beverage containing any amount of
tetrahydrocannabinol. "Passenger area" means the area designed to seat the driver and
passengers while the motor vehicle is in operation and any area that is readily accessible
to the driver or a passenger while in their seating positions, including the glove
compartment. An open or unsealed receptacle containing an alcoholic beverage or an
otherwise lawful beverage containing tetrahydrocannabinol may be transported in the
trunk of the motor vehicle. An unsealed receptacle containing alcoholic beverage or an
otherwise lawful beverage containing tetrahydrocannabinol may be transported behind
the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. A
person convicted of a violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under Iowa Code section 805.8A.
9-7-321.284A: OPEN CONTAINERS IN MOTOR VEHICLES; PASSENGERS:
A. A passenger in a motor vehicle upon a public street or highway shall not possess
in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other
receptacle containing an alcoholic beverage or a beverage containing any amount of
tetrahydrocannabinol. "Passenger area" means the area of a motor vehicle designed to
seat the driver and passengers while the motor vehicle is in operation and any area that
is readily accessible to the driver or a passenger while in their seating positions, including
the glove compartment. An open or unsealed receptacle containing an alcoholic beverage
or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in
the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage
or an otherwise lawful beverage containing tetrahydrocannabinol may be transported
behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.
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 transported in the living quarters of motor home,
manufactured or mobile home, travel trailer, or fifth wheel travel trailer.
C. A person convicted of a violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under Iowa Code section 805.8A.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 16th day of February, 2026.
Brad M. Cavanac , •11%or
Attest:
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
9-7-321.284: OPEN CONTAINERS IN MOTOR VEHICLES; DRIVERS:
A driver of a motor vehicle upon a public street or highway shall not possess in the
passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other
receptacle containing an alcoholic beverage or a beverage containing any amount of
tetrahydrocannabinol. "Passenger area" means the area designed to seat the driver and
passengers while the motor vehicle is in operation and any area that is readily accessible
to the driver or a passenger while in their seating positions, including the glove
compartment. An open or unsealed receptacle containing an alcoholic beverage or an
otherwise lawful beverage containing tetrahydrocannabinol may be transported in the
trunk of the motor vehicle. An unsealed receptacle containing alcoholic beverage or an
otherwise lawful beverage containing tetrahydrocannabinol may be transported behind
the last upright seat of the motor vehicle if the motor vehicle does not have a trunk. A
person convicted of a violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under Iowa Code section 805.8A.
9-7-321.284A: OPEN CONTAINERS IN MOTOR VEHICLES; PASSENGERS:
A. A passenger in a motor vehicle upon a public street or highway shall not possess
in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other
receptacle containing an alcoholic beverage or a beverage containing any amount of
tetrahydrocannabinol. "Passenger area" means the area of a motor vehicle designed to
seat the driver and passengers while the motor vehicle is in operation and any area that
is readily accessible to the driver or a passenger while in their seating positions, including
the glove compartment. An open or unsealed receptacle containing an alcoholic beverage
or an otherwise lawful beverage containing tetrahydrocannabinol may be transported in
the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage
or an otherwise lawful beverage containing tetrahydrocannabinol may be transported
behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.
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 transported in the living quarters of motor home,
manufactured or mobile home, travel trailer, or fifth wheel travel trailer.
C. A person convicted of a violation of this section is guilty of a simple misdemeanor
punishable as a scheduled violation under Iowa Code section 805.8A.
Page 1086 of 1214
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:
02/20/2026
and for which the charge is 24.97
gr72
Subscribed to befQrj me, a Notary Publicand for
Dubuque County, Iowa,
this 20th day of February, 2026
rom. JANET K. PAPE
o v Commission Number 199659
z.
My Commission Expires
i o W a 12/11/2028
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 8 26
SUMMARY
THE FOLLOWING DESCRIPTION OF THE ORDINANCE IS A SUMMARY. THE
ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY
CLERK, 50 W. 13TH STREET, DUBUQUE AND MAY BE VIEWED DURING
NORMAL BUSINESS HOURS OF 8:00 AM to 5:00 PM MONDAY TO FRIDAY.
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC CHAPTER 7 OPERATION DIVISION 4 CRIMINAL
OFFENSES, SECTION 9-7-321.284: OPEN CONTAINERS IN MOTOR
VEHICLES; DRIVERS AND SECTION 9-7-321.284A: OPEN CONTAINERS IN
MOTOR VEHICLES; PASSENGERS
The Ordinance amends Section 9-7-321.284 and Section
9-7-321.284A of the City of Dubuque Code of Ordinances to
prohibit drivers and passengers of a motor vehicle from
possessing in the passenger area of the motor vehicle an open
or unsealed bottle, can, jar, or other receptacle containing a
beverage containing any amount of tetrahydrocannabinol. The
ordinance also outlines limitations on the transport of lawful
beverages containing tetrahydrocannabinol.
A person convicted of a violation of this section is guilty
of a simple misdemeanor punishable as a scheduled violation
under Iowa Code section 805.8A.
This ordinance shall take effect upon publication.
Passed, approved, and adopted this 16th day of February,
2026.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of February, 2026.
/s/Adrienne N. Breitfelder, City Clerk
1 t 2/20