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Code of Ordinances Amendment - Title 9 - School Buses Discharging Pupils Copyright 2014 City of Dubuque Action Items # 4. ITEM TITLE: Code of Ordinances Amendment Title 9 - School Buses Discharging Pupils SUMMARY: City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances Title 9, Chapter 11 School Busses Discharging Pupils to mirror the Iowa Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 11 School Buses to Mirror the State Code SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Title 9,Chapter 11 -School Buses Discharging Pupils-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Article Supporting Documentation ❑ Ordinance Ordinance ❑ Suggested Motion Staff Memo THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Title 9, Chapter 11 — School Buses Discharging Pupils DATE: April 13, 2015 Assistant City Attorney Maureen Quann recommends City Council approval of an amendment to City of Dubuque Code of Ordinances Title 9, Chapter 11 School Buses Discharging Pupils to mirror the Iowa Code. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maureen Quann, Assistant City Attorney THE C=OF DUB bE MEMORANDUM Masterpiece on the Mississippi MAUREEN A. QUANN, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: April 10, 2015 RE: Title 9, Chapter 11 — School Buses Discharging Pupils Attached please see an article from the Iowa Department of Transportation regarding a law recently passed in the Iowa House and Senate aimed at preventing tragic deaths and serious injuries to Iowa's school children while boarding or unloading from a school bus. In response to the article, please find an ordinance which amends City of Dubuque Code of Ordinances Title 9, Chapter 11 to mirror Iowa Code. I request that the ordinance is reviewed and forwarded to the City Council for consideration and approval. Please let me know if you have any questions. Thank you. MAQ:jmg Attachments cc: Mark Dalsing, Chief of Police Iowa Department of Transportation- School Bus Safety Page 1 of 2 Agencies Online Services Search All of lowa.gov.� Iowa school bus safety Even safer than riding in your own vehicle,riding on a school bus is the safest way for your child to travel to and from school. The greatest risk is not riding the school bus,but approaching or leaving it.So,children need to be especially careful around the school bus "danger zone,"which is 10 feet in front,behind and on each side of the school bus.Drivers also need to remain constantly alert to students as they exit or enter the bus,or move in front of the bus to cross a highway. STOP . �. DED LIGHTS- STOPPING IS No OUT HEFM FLASH j m� Keep Aware Driving-Youth Need School Safety Act In March 2012,Iowa Gov.Terry Branstad signed into law Senate File 2218,the"Keep Aware Driving—Youth Need School Safety Act," commonly known as Kadyn's Law(see School Bus Safety Study-Kadyn's Law Final ReportDec.2012). Passed unanimously in the Iowa House and Senate,the law is aimed at preventing other tragic deaths and serious injuries to Iowa's school children while boarding or unloading from a school bus.On May 10,2011,Kadyn Halverson,age 7,of Northwood,was struck by a pickup while trying to cross the road to board a school bus. The Act increased the criminal penalties for passing a stopped school bus and directed the Iowa DOT to enact rules that make illegally passing a stopped school bus a serious moving violation that triggers increasing periods of suspension for first,second and subsequent offenses. On Aug.14,2012,the Iowa Department of Transportation adopted an emergency administrative rule that increases the administrative driving privilege sanctions for illegally passing a stopped school bus.Effective Aug.15,2012,the rule provides that a person's Iowa driving privilege will be suspended 30 days for a first conviction,90 days for a second conviction,and 180 days for a third or subsequent conviction. Kadyn's Law also increased the criminal penalties and administrative sanctions for those convicted of such violations,which are now as follows. Fine Offense Criminal citation ('additional surcharges Imprisonment Driving privilege and toad costs apply) suspension The court may order Iowa Code 321.372(5)(b) imprisonment not to Iowa Code 321.372(5)(b) p First offense (1)—Unlawful passing of exceed 30 days in The Iowa DOT will impose a (1)—At least$250,but school bus first offense, not more than$675 lieu of or in addition 130-day suspension. simple misdemeanor to a fine. I http://www.iowadot.gov/schoolbus/default.html 04/02/2015 Iowa Department of Transportation - School Bus Safety Page 2 of 2 Fine Offense Criminal citation ('additional surcharges Imprisonment Driving privilege and court costs apply) suspension Second offense Iowa Code 321.372(5)(b) Iowa Code 903.1(b)—At The court may also The Iowa DOT will impose a (2)—Unlawful passing of least$315,but not more order imprisonment 90-day suspension. school bus,second or than$1,875 not to exceed one subsequent offense, year. serious misdemeanor _._ - --- Iowa Code 321.372(5)(b) The court may also Third and (2)—Unlawful passing of : Iowa Code 903.1(b)—At order imprisonment The Iowa DOT will impose a school bus,second or least$315,but not more subsequent offenses not to exceed one 180 day suspension. subsequent offense, than$1,875 serious misdemeanor year. Iowa Code 321.482A— The court may order the Iowa Any offense causing DOT to suspend the person's Violations resulting inI Iowa Code 321.482A(1) serious injury to njury or death— —a fine of$500 N/A driving privileges for a period another person* of 90 days in lieu of or in additional penalties addition to the fine. The court may order the Iowa Iowa Code 321.482A— Any offense causing viDOT to suspend the person's Violations resulting in Iowa Code 321.482A(2) death to another N/A driving privileges for a period j njury or death— —a fine of$1,000 person** of 180 days in lieu of or in additional penalties addition to the fine. Although not affected by Kadyn's Law,it is important to remember that offenses that cause unintentional serious injury or death to another person and that are charged as operating while intoxicated(OWI),reckless driving,eluding or attempting to elude a law enforcement vehicle, or drag racing may be charged as homicide or serious injury by vehicle,which are class"B"(OWI causing death),"C"(reckless driving or eluding causing death)or"D"(OWI,reckless driving,or eluding causing serious injury,'drag racing causing death)felonies.These felonies carry significant higher penalties and sanctions,including fines of up to$10,000,mandatory restitution of$150,000,mandatory imprisonment of 25 years,and mandatory suspension of driving privileges for six years for a Gass'B"felony conviction. **The Iowa DOT also has authority under Iowa Code 321.210 and 761 Iowa Administrative Code to suspend the driving privilege of a person convicted fora moving violation that contributed to a fatal motor vehicle accident for at least 120 days.Typical suspensions under this authority are for a period of one year. Although misdemeanor convictions do not pose the same penalties as felony convictions,they often have other effects on a person's life. Employers often run background checks,and when they do,a misdemeanor is a criminal offense that will appear on the report.A misdemeanor can also cause problems with obtaining security clearances. Kim Snook,director of the Iowa DOTS Office of Driver Services,said,"We hope that these increased penalties and sanctions will make driver's think twice before foolishly choosing to pass a stopped school bus.More than thinking about their own penalty,however,we hope they will remember and recognize that passing a stopped school bus threatens the life of a child.The few seconds gained is not worth risking a child's life" The Iowa departments of Transportation,Public Safety and Education,and University of Iowa-National Advanced Driving Simulator and Iowa State University-Center for Transportation Research and Education have teamed up to provide additional public education on school bus safety this year,as well as to complete a study on school bus safety due to the legislature in December.More information about the educational effort will be announced in the coming weeks. ,C)Wli g) Policies and Statements I Applets and Plug-ins I Contact Us 0 ©Copyright 2014 Iowa Department of Transportation.All Rights Reserved. I 1 i http://www.iowadot.gov/schoolbus/default.html 04/02/2015 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 27-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 11 SCHOOL BUSES TO MIRROR THE STATE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 9, Chapter 11 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS: A. 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. 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. 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. 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 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 is guilty as outlined under Iowa Code Section 321.372. 9-11-321.372A: PROMPT INVESTIGATION OF REPORTED VIOLATION OF FAILING TO OBEY SCHOOL BUS WARNING DEVICES — CITATION ISSUED TO DRIVER OR OWNER: A. The driver of a school bus who observes a violation of section 9-7-321.372, subsection C, may prepare a written report on a form provided by the department of public safety indicating that a violation has occurred. The school bus driver or a school official may deliver the report not more than seventy-two (72) hours after the violation occurred to a peace officer of the state or a peace officer of the county or municipality in which the violation occurred. The report must state the time and the location at which the violation occurred and must include the registration plate number and a description of the vehicle involved in the violation. B. Not more than seven (7) calendar days after receiving a report of a violation of section 9-7-321.372, subsection C, from a school bus driver or a school official, the peace officer must initiate an investigation of the reported violation and contact the owner of the motor vehicle involved in the reported violation and request that the owner supply information identifying the driver. 1. If, from the investigation, the peace officer is able to identify the driver and has reasonable cause to believe a violation of section 9-7-321.372, subsection C, has occurred, the peace officer shall prepare a uniform traffic citation for the violation and shall serve it personally or by certified mail to the driver of the vehicle. 2. If, from the investigation, the peace officer has reasonable cause to believe that a violation of section 9-7-321.372, subsection C, occurred but is unable to identify the driver, the peace officer shall serve a uniform traffic citation for the violation to the owner of the motor vehicle. In a proceeding where the peace officer who conducted the investigation was not able to identify the driver of the motor vehicle, proof that the motor vehicle described in the uniform traffic citation was used to commit the violation of section 9-7-321.372, subsection C, together with proof that the defendant named in the citation was the owner of the motor vehicle at the time the violation occurred, constitutes a permissible inference that the owner was the driver who committed the violation. 3. For purposes of this subsection, "owner" means a person who holds the legal title to a motor vehicle; however, if the motor vehicle is the subject of a security agreement with a right of possession in the debtor, the debtor shall be deemed the owner for purposes of this subsection, or if the motor vehicle is leased, the lessee shall be deemed the owner for purposes of this subsection. 9-11-321.373 9-11-321.380: RESERVED: Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 20th day of Apri, 2015. (,./1--fiet a Karla A. Braig, Mayor Pro Mtn Attest: Kevin S. irnstahl, City Cleric EFFECT OF AMENDMENT 9-11-321 .372: SCHOOL BUSES DISCHARGING PUPILS: A. The driver of a school bus used to transport children to and from a public or private school mustshall, 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 mustsha4 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 must6ha8 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 willshall 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 iss14a8 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 mustsh" 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, willsha4 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 mustshall, while carrying passengers, have its headlights turned on. B. All pupils willsha4 be received and discharged from the right front entrance of every school bus and if said pupils must cross the highway, they areshafl-be 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. The driver of any vehicle, including the driver of a vehicle operating on a private road or driveway, when meeting a school bus with flashingen whirl; the amber warning lamps aFe flashiRg must6h" reduce the vehicle's speedAf said to not more than twenty (20) miles per hour and mustshall bring thesald vehicle to a complete stop when the school bus stops and the stop signal arm is extended and thesa4 vehicle mustsha4 remain stopped until the stop signal arm is retracted after which time the driver may proceed with due caution. The driver of any vehicle, including the driver of a vehicle operating on a private road or driveway, overtaking a school bus willsha4 not pass a school bus when red or amber warning signal lights are flashing and mustshall bring thesald vehicle to a complete stop not closer than fifteen feet (15') frompf the school bus when it is stopped and the stop arm is extended and the vehicle mustsl}all remain stopped until the stop arm is retracted and school bus resumes motionsgaa+�y the driver to p erl D. 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 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 is guilty as outlined under Iowa Code Section 321 .372. 9-11-321 .372A: PROMPT INVESTIGATION OF REPORTED VIOLATION OF FAILING TO OBEY SCHOOL BUS WARNING DEVICES — CITATION ISSUED TO DRIVER OR OWNER: A. The driver of a school bus who observes a violation of section 9-7-321 .372, subsection C, may prepare a written report on a form provided by the department of Public safety indicating that a violation has occurred. The school bus driver or a school official may deliver the report not more than seventy-two (72) hours after the violation occurred to a peace officer of the state or a peace officer of the county or municipality in which the violation occurred. The report must state the time and the location at which the violation occurred and must include the registration plate number and a description of the vehicle involved in the violation. B. Not more than seven (7) calendar days after receiving a report of a violation of section 9-7-321 .372, subsection C, from a school bus driver or a school official, the peace officer must initiate an investigation of the reported violation and contact the owner of the motor vehicle involved in the reported violation and request that the owner supply information identifying the driver. 1 . If, from the investigation, the peace officer is able to identify the driver and has reasonable cause to believe a violation of section 9-7-321 .372, subsection C, has occurred, the peace officer shall prepare a uniform traffic citation for the violation and shall serve it personally or by certified mail to the driver of the vehicle. 2. If, from the investigation, the peace officer has reasonable cause to believe that a violation of section 9-7-321 .372, subsection C, occurred but is unable to identify the driver, the peace officer shall serve a uniform traffic citation for the violation to the owner of the motor vehicle. In a proceeding where the peace officer who conducted the investigation was not able to identify the driver of the motor vehicle, proof that the motor vehicle described in the uniform traffic citation was used to commit the violation of section 9-7-321 .372, subsection C, together with proof that the defendant named in the citation was the owner of the motor vehicle at the time the violation occurred, constitutes a permissible inference that the owner was the driver who committed the violation. 3. For purposes of this subsection, 'owner" means a person who holds the legal title to a motor vehicle: however, if the motor vehicle is the subject of a security agreement with a right of possession in the debtor, the debtor shall be deemed the owner for purposes of this subsection, or if the motor vehicle is leased, the lessee shall be deemed the owner for purposes of this subsection. 11AAWWER (lC CTIIDDIW9 BI ICCC 9 ices shell nidi 61P #e the n irh at the near cine of the c#ree# in#e rcen#in nc �nihen lea&4 ff O inleerlinn ""eageFG e)(cept�ersest;G OF Where wa rp 9-11-321 .373 9-11-321 .380: RESERVED: I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. (Motion B) Vote — Then I move final consideration and passage of the Ordinance. (Motion A) If Motion B does not pass: I move to receive and file the communications and I move first (second or third) consideration of the Ordinance. (Motion A) STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: April 24, 2015, and for which the charge is $81.97. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this �y day of � , 204S . Notary Public in and for eubuque County, Iowa. ARV K. WESTERMEYER Jmmission Number 154885 y Comm. Exp. FEB. 1, 2017 OFFICIAL PUBLICATION ORDINANCE NO.27-15' AMENDING -CITY OF DUBUQUE CODE, OF ORDINANCES TITLE 9 MOTOR ` VEHICLES AND TRAFFIC, CHAP- TER ''11 SCHOOL BUSES TO MIRROR THE STATE CODE -NOW, THEREFORE, • ,BE Jr .ORDAINED BY THE, -CITY :COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1,, Title 9, Chapter`11 of the City .of Dubuque: Code of Ordinances is amended to read as follows: 9-11-321.372: SCHOOL' BUSES DISCHARGING PUPILS. A The driver of a school bus 'used to transport children to and from a public' or I private school must, ' when . stopping to receive or ,discharge pupils, turn` on flashing warning lamps at : a 'distance of not less thane three hundred feet (300') 'nor :more • received and, idis`1 charged 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 bits, look in both' directions, and proceed .to cross the highway only on signal from the bus driver, C. 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 ,yehicle's speed to 'not! more than twenty (20) 1 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 l vehicle, including the driver, of ra 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 I extended and the vehicle must•! remain stopped until the stop arm is retracted and school bus ' 'resumes motion. ' D. The driver of a vehicle upon a highway (" providing two (2) or more lanes, in each direction need riot stop upon meeting a school bus which is :traveling in - the :opposite direction even though' the ;:school ' bus : is stopped, E. Penalties. 1. iThe driver of a school bus who coin- mits ••'a violation of subsection A or B is j guilty . of a simple misdemeanor 'punish able as a scheduled violation under Iowa Gode' Section 805,8A, subsection 10. 2. A - person who commits a violation of subsection C is guilty as outlined under Iowa Code' Section 321:372. 1 9-11-321.372A; PROMPT INVESTIGATION, OF I REPORTED VIOLATION OF FAILING TO OBEY SCHOOL BUS WARNING DEVICES CITATION ISSUED TO DRIVER OR OWNER: A. The driver of a school bus. who observes a violation of sectiori 9-7-321.372, subsection C, may prepare a • written report on a form provided " by the department of public safety indicating that a violation has occurred. The school bus driver I or a school official may deliver the report pot more than seventy=two (72) " hours after the violation occurred to a peace officer of the state or a peace officer of ,the county or warning lamps at a violation occurred to a distance of not less Peace .officer of the thanthree hundred state or a peace officer feet (300') nor more of ; the county or 'than five hundred feet municipality in which 1(500')• from the point ; the violation occurred. where the pupils are'to The: report must state • be'..'received .or dis- the time and ' the: charged from the bus if : location at which the the speed limit at that ' violation' occurred and point is forty-five (45) must include the Miles per hour or registration plate num- greater and must turn her and _a description I on nipfisl at a flashing ogof the vehicle involved in the violation !hot less than one B• Not more. than. hundred fifty 'feet seven (7) calendar (150') • from. the .‘point days after receiving a where the, pupils are'to "report of a violation of I be received" or dis- section -'r 9-7=321.372, charged from the bus if ''subsection C from a the speed limit' at that school bus driver -or a Point is less than forty- school official, the five (45) miles per peace" 'officer. must. hour.' At the point of >initiate, -•an• investi- receiving or dis- dation of the reported charging pupils, r the violation ' and • contact driver' of the bus must -the oWnerof.the motor bring the bus to a stop, vehicle involved in the turn; off the amber reported ;violation .and flashing warning `request that the owner lamps,.turn on!the,red supply information flashing' warning' identifying the driver. lamps, and extend the 1. If, from the . inves-. stop arm. After tigation, ` the peace receiving or dis- officer is able to charging pupil's, the identify•the;driver and bus driver must turn has reasonable cause off all flashing warning to believe; a:violation of lamps, retract the stop -section; 9-7r321.372, arm and proceed on subsection. C, .has the route. Exceptto'the occurred, "the peace extent'. that reduced officer shall prepare a visibility is caused -by runiform trafficcitation fog, snow, or 'other for theviolation; and weather conditions; a -shall serve • it . per - school bus will not`stop sonally or, by certified to receive or discharge mail to the driver:: of pupils unless -there `is the vehicle. I at least three:handred . 2. If,- from, the inves- feet (300) of unob- . ;tigation,., the peace structed vision im each. . officer has, reasonable direction However, the •>cause tobelieve that a driver of a sch'ool:bus ;,violationofsection9-7 Is not required to use 321.372, subsection C, flashing warninglatnps occurred .but is unable 'and the stop arm when to identify the driver, receiving or dis- the peace officer shall' charging pupils at a serve a uniform traffic designated loading and citation • for the :.vio- unloading zone ' at a ,lation to the.owner: of school: attendance cen- the motor vehicle. In a 'ter or at extra- proceeding.; where the curricular or educa- peace officer :•:. who tional activity locations conducted -the , 'rives - where students exiting tigation was not able the bus' do not have to toddentify.the driver of cross the street or the motor vehicle, highway. proof that the motor If a school district vehicle • described in contracts • With an • the :uniform traffic urban transit system to .citation was ', used . to transport children to commit the violation of and from a public or section 9-T,321,372, private school, the subsection C, together school bus -which is with:• proof that the provided, by• the Urban defendant - named in transit system, is not the citation :was the required > to be owner of :the - motor equipped with flashing warning hghts and 'a • stop arm. If the school bus provided by an urban transit system is. equipped with flashing warning 'fights and a stop arm, the driver of the school bus must use the flashing warning lights and stop vehicle at the time the• violation occurred, constitutes a permis- sible inference that: the owner was the,driver who committethe violation. 3. For purposes of this subsection, "owner" means a';person who holds the legal title to a motor vehicle; :.how - arm as required , by ever, if the motor law. vehicle is thesubject of A school bus, when a security agreement operating on a high- with a right of way with four (4) or possession .. in the more lanes, will not debtor, the debtor shall stop to load orunload be deemed the owner pupils who must cross for purposes of this the highway, except at subsection, or if the i designated stops motor vehicle is I where pupils who must :leased, the lessee shall cross the highway may be_ deemed the owner do so at points where for purposes of this B.All pupils willbe and adopted, there are official traffic subsection. control devices or'9;11.321.373 _ 9-11- police officers. 321.380: RESERVED: A school bus must, Section 2. - This while carrying passen- Ordinance takes effect gers, have its head- upon publication. lights turned on. Passed; approved, . '-;; the .20th day of April; 2015. /s/Karla A. Graig, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of April, 2015. /s/Kevin S. Firnstahl, It 4/24 City Clerk