Chapter 32 Traffic OrdinanceTHE CITY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Repeal and Adoption of Chapter 32
DATE: June 12, 2008
Dubuque
~-
i i
2007
At the April 7, 2008 City Council Meeting a revised City of Dubuque Code of Ordinances
Chapter 32 was presented. The current Chapter 32 was to be repealed and replaced
with the revised copy. There were minor changes to grammar, capitalization, and
punctuation. There were a couple of substantive changes. First, Section 32-321.601
was deleted. Second, under Provision 32-321.604, the back in angular parking on
Fourth Street was to be changed to front in angular parking.
A Council person indicated that there were inconsistencies in the plural spelling of the
word "bus". Additionally, there was some concern that removing Section 32-321.601
may cause problems for the Fire and Police Departments. As a result of these
concerns, the revised Chapter 32 was tabled.
A significant change to the last ordinance proposal is that Section 32-321.601 is being
amended to expand the definition of a loading zone and regulates both passenger and
commercial loading zones.
The ordinance also regulates personal assistive mobility devices and the careless
driving section was revised.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1~
L ~-
Mic ael C. Van Milligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB E MEMOR NDUM
Masterpiece on the Mississippi '`., n ~ ~~
CRENNA M. BRUMWELL, E
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: June 11, 2008
RE: Repeal and Adoption of Chapter 32
At the April 7, 2008 City Council Meeting a revised City of Dubuque Code of Ordinances
Chapter 32 was presented. The current Chapter 32 was to be repealed and replaced
with the revised copy. There were minor changes to grammar, capitalization, and
punctuation. There were a couple of substantive changes. First, Section 32-321.601
was deleted. Second, under Provision 32-321.604, the back in angular parking on
Fourth Street was to be changed to front in angular parking.
A Council person indicated that there were inconsistencies in the plural spelling of the
word "bus". Additionally, there was some concern that removing Section 32-321.601
may cause problems for the Fire and Police Departments. As a result of these
concerns, the revised Chapter 32 was tabled.
The plural of the word bus is correct both as "buses" and "busses." The Legal
Department consulted with the Transit Department for guidance on this issue. The
Transit Department uses "buses" as the plural of "bus". Chapter 32 has been revised to
be consistent with the Transit Department use of "buses."
I addressed the concerns regarding Section 32-321.601 by scheduling a meeting with
Dan Brown, Fire Chief, Mark Ludescher, Assistant Fire Chief, and Kim Wadding, Chief
of Police. We had an in-depth discussion of Section 32-321.601 and concluded that
rather than deleting the provision it would be better to keep the provision but offer an
amendment to make it more useful. The amendment expands the definition of a loading
zone and regulates both passenger and commercial loading zones. A fifteen (15)
minute limit is placed on loading zones unless otherwise directed by a law enforcement
officer.
The change from back in angular parking on Fourth Street to front in angular parking
remains as it was presented at the April City Council Meeting.
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
Two additional changes are being suggested at this time. The first is change is a new
ordinance while the second is an amendment to a current ordinance. The Police
Department recently acquired two T3 Motion vehicles. These are three-wheeled electric
vehicles. I have added a definition to Chapter 32 for electric personal assistive mobility
devices which is a term used by the State of Iowa. An ordinance regulating the devices
was added to Section 32-321.276A. The definition and ordinance are modeled after the
Iowa Code and similar code provisions across the country. While drafting the electric
personal assistive mobility device ordinance with Chief of Police Kim Wadding and
Captain Russ Stecklein, we determined that the City's careless driving ordinance should
be updated also. Previously the ordinance only included motor vehicles. The amended
ordinance extends the regulation to motorcycles, motorized bicycles, motor bicycles,
bicycles, skateboards, and electric personal assistive mobility devices. The amendment
occurs in Section 32-321.277A.
I am attaching an updated electronic version of an ordinance which repeals the current
Chapter 32 and appropriately corrects the Chapter. When the Council pulls Chapter 32
off of the table they will need to replace the version provided earlier with the attached
update. I am also sending a copy of this memo and an electronic copy of the ordinance
to Jeanne Schneider so that she will have it for when you feel appropriate to place it on
the City Council Agenda.
Please let me know if you need further information or would like Jenny to schedule a
meeting. Thank you.
Enclosure
cc: Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police (without enclosure)
Dan Brown, Fire Chief (without enclosure)
Tim Horsfield, Parking Supervisor (without enclosure)
Bill Schlickman, Traffic Engineer (without enclosure)
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563589-4381
ORDINANCE NO. 44-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING
CHAPTER 32 MOTOR VEHICLES AND TRAFFIC AND ADOPTING A NEW
CHAPTER 32 MOTOR VEHICLES AND TRAFFIC IN LIEU THEREOF.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 32 of the City of Dubuque Code of Ordinances'is amended
as set forth in the attached Chapter 32 Motor Vehicles and Traffic.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 16th day of June, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk