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Chapter 32 Ordinance 44-08 Summary OFFICIAL PUBLICATION A SUMMARY OF 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. Chapter 32 of the City of Dubuque Code of Ordinances is the City’s traffic code and regulations. This ordinance repeals Chapter 32 and adopts a new Chapter 32 in its place. The new Chapter 32 is largely the same as the repealed Chapter 32 with changes to grammar, capitalization, and punctuation. The following are the substantive changes made to Chapter 32: 1. Under Section 32-321.604, the back-in angular parking on Fourth Street was changed to front-in angular parking. 2. Section 32-321.601 is amended to expand the definition of a loading zone and regulates both passenger and commercial loading zones as follows: Sec. 32-321.601. Loading Zones A. Loading Zones shall be established and marked by signs. B. Loading Zones. A space not to exceed fifty feet (50') is hereby reserved at the side of the street in front of any theater, auditorium, hotel having more than twenty-five (25) sleeping rooms, or other buildings where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked, or stopped except in taking on or discharging passengers or freight. C. Passenger Loading. A motor vehicle standing, parked, or stopped for taking on or discharging passengers shall not remain in the loading zone in excess of fifteen (15) minutes unless otherwise instructed by a law enforcement officer. D. Commercial Loading. A motor vehicle standing, parked, or stopped for taking on or discharging freight shall not remain in the loading zone in excess of fifteen (15) minutes unless otherwise instructed by a law enforcement officer. 1. On two-way streets in commercial districts, commercial vehicles may stop, stand, or park in a traveled lane while engaging in the loading or unloading of property, provided ten feet (10’) of width of roadway is open for the free movement of vehicular traffic. 1 2. On one-way streets in commercial districts, commercial vehicles may stop, stand, or park in a traveled lane while engaging in the loading or unloading of property, provided ten feet (10’) of width of the roadway is open for the free movement of vehicular traffic. E. Motor vehicles shall not block an egress from a building or facility. In the instance of a conflict with the above provisions and the International Fire Code, the provisions of the International Fire Code shall govern. 3. A definition was added to Section 32-321.1 for electric personal assistive mobility devices. The definition is: Electric Personal Assistive Mobility Device means a device, powered by an electric propulsion system designed to transport one person, with a maximum speed on a paved level surface of less than twenty five (25) miles per hour with an average power of 750 watts or 1 horsepower. 4. The following new section regulating electric personal assistive mobility devices is added: 32-321.276A. Electric Personal Assistive Mobility Devices. (a) No person under 16 years of age may operate an electric personal assistive mobility device in the City of Dubuque. (b) No operator's permit or license shall be required for the operation of an electric personal assistive mobility device. (c) No licensure or registration of the electric personal assistive mobility device is required. (d) No proof of financial responsibility is required. (e) A person shall operate an electric personal assistive mobility device in a safe and non-hazardous manner so as not to endanger himself or herself or any other person or property. (f) There shall be no prohibition against any person riding an electric personal assistive mobility device upon a sidewalk or bicycle path within the City, so long as the rider does not create a hazard; provided, that no person shall operate an electric personal assistance mobility device upon a sidewalk within the City on those sidewalks expressly designated by the City Manager as prohibited and appropriate signs to such effect are posted. 2 (g) Any person riding an electric personal assistive mobility device upon a sidewalk shall yield the right-of-way to pedestrians, and shall travel at a speed no greater than is safe for the conditions then existing on the sidewalk. (h) A person propelling an electric personal assistive mobility device upon and along a sidewalk or while crossing a roadway in a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the electric personal assistive mobility device operator must yield to pedestrians on the sidewalk or crosswalk. (i) The operator of an electric personal assistive mobility device emerging from, or entering an alley, driveway, or building, shall upon approaching a sidewalk, or the sidewalk area extending across any alleyway, yield the right-of- way to all pedestrians approaching on said sidewalk, and upon entering the roadway in a cross-walk shall yield the right-of-way to all vehicles approaching on said roadway. (j) Electric personal assistive mobility devices shall not be used on roadways, except when using a cross-walk or on side-streets where there is not a sidewalk adjacent to the street. (k) A person shall not operate an electric personal assistive mobility device at the times specified in §32-321.384 unless the person or the electric personal assistive mobility device is equipped with a headlight visible from the front of the electric personal assistive mobility device and at least one red reflector visible from the rear of the electric personal assistive mobility device. (l) The provisions of this section shall not apply to use of a wheelchair or other similar conveyance when used for transportation by any temporarily or permanently disabled person. (m) The provisions of this section shall not apply to the above proscribed conveyances when used in any parade, exhibition or gathering of persons which has been authorized by permit from the City Manager. (n) The provision of this section shall not apply to the above proscribed conveyances when used by the fire or police departments. (o) The scheduled fine for a violation of this section shall be twenty-five ($25.00) dollars. 5. The careless driving provision under Section 32-321.277A is amended. The prior section only covered careless driving by motor vehicles. The section as amended is expanded to include motorcycles, motorized bicycles, motor bicycles, bicycles, skateboards, and electric personal assistive mobility devices, and provides as follows: 3 Sec. 32-321.277A. Careless Driving. A person commits careless driving if the person intentionally operates a motor vehicle, motorcycle, motorized bicycle, motor bicycle, bicycle, skateboard, or electric personal assistive mobility device, on a public road, highway, sidewalk, bicycle path, or trail in any one of the following ways: (a) Creates or causes unnecessary tire squealing, skidding, or sliding upon acceleration or stopping. (b) Simulates a temporary race. (c) Causes any wheel or wheels to unnecessarily lose contact with the ground. (d) Causes the vehicle to unnecessarily turn abruptly or sway. (e) Creates or causes unnecessary danger to himself or herself or any other person or property. Amended Chapter 32 also includes the following sections establishing fines for violations: The provisions and the fines remained the same as the earlier version of Chapter 32, but in compliance with Iowa Code §380.7 they are being printed in their entirety. 1. Sec. 32-321.275A. Use of Bicycles, Motorcycles, Etc. in Parks. (a) The use of bicycles, skateboards, and other non-motorized conveyances and motorcycles, motor scooters, go carts, cars, trucks, and other motor driven vehicles other than those vehicles engaged in authorized park maintenance and security in any park, recreation facility, or trail may be prohibited by the park and recreation advisory commission. (b) It shall be unlawful for the operator of any car, truck, motorcycle, or any other type vehicle to stop, stand, or park upon any roadway or in any parking areas in any park, recreation facility, or trail in such manner as to obstruct the flow of traffic. (c) It shall be unlawful for any person or persons to play games, catch, throwing of frisbees or other objects, gathering in groups on any roadway or parking areas in any park, recreation facility, or trail as to obstruct the flow of traffic. (d) It shall be unlawful to park any car, truck, motorcycle, or other type of vehicle along any roadway or area in any park or recreation facility that is posted prohibiting such parking. 4 (e) It shall be unlawful for any car, truck, motorcycle, or any other type of motorized vehicle to drive on and/or park on any grass area, sidewalk, or trail in any park, recreation facility, or trail except with the express permission of the leisure services manager's designee. (f) The scheduled fine for a violation of this Section shall be twenty-five dollars ($25.00). 2. Sec. 32-321.276. Use of Certain Non-motorized Vehicles, Conveyances, and Equipment in Municipal Parking Ramps or Lots and in Certain Other Places in the City. (a) No person shall be upon and make use of roller skates, skateboards, bicycles, or other wheeled recreational vehicles or conveyances within any municipal parking ramp or municipal parking lot. This provision shall not apply to use of a wheelchair or other similar conveyance when used for transportation by any temporarily or permanently disabled person or to a wagon being pulled by a pedestrian at a walking speed. (b) No person shall use roller skates, skateboards, wagons, or other wheeled or non-motorized recreational vehicles, with the exception of bicycles, upon the roadway portion of any right-of-way, except that a person may use any of the above proscribed conveyances in any marked or unmarked crosswalk. Any person using any of the above proscribed conveyances in crossing a roadway at a place other than a marked or unmarked crosswalk shall be subject to the requirements set forth in Section 32-321.328 of this Article. (c) The City Manager is hereby authorized to designate and post signs in areas where skateboarding, skating, and riding bicycles and scooters is prohibited. No person shall skateboard, skate, or ride a bicycle or a scooter in any such area. (d) The provisions of this Section shall not apply to the above proscribed conveyances when used in any parade, exhibition, or gathering of persons which has been authorized by permit from the City Manager. (e) The scheduled fine for a violation of this Section shall be twenty five dollars ($25.00). 3. Sec. 32-321.285. Limits Generally. (a) Any person driving a motor vehicle on any street of this city shall drive the same at a careful and prudent speed not greater than or less than is reasonable and proper, having due regard to the traffic, surface, and width of the streets and of any other conditions then existing and no person shall drive any vehicle at a 5 speed greater than will permit such person to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using such streets will observe the law. (b) The following shall be lawful speeds except as otherwise provided in Subsection (c) of this Section or elsewhere in this Code or other ordinance of the city and any speed in excess thereof shall be unlawful: (1) Twenty (20) miles per hour in any business district. (2) Twenty-five (25) miles per hour in any residential or school district. (3) Forty (40) miles per hour for any motor vehicle drawing another vehicle in any district or on any street where the lawful speed is in excess of forty (40) miles per hour, except when otherwise specified under Section 32-321.285 of the state Code. (4) Forty-five (45) miles per hour in any suburban district. (c) When signs are erected giving notice thereof, the following shall be the lawful speed on the streets or portions thereof designated herein: FIFTEEN (15) MILES PER HOUR Streets and roadways in all city parks. TWENTY-FIVE (25) MILES PER HOUR Admiral Sheehy Drive, U.S. Highway 61-151 to its terminus. Airport Road, from a point two thousand three hundred feet (2,300’) west of U.S. Highway 61 to its westerly terminus. Bryant Street, from Grandview Avenue to the centerline of U.S. Highway 20. Central Avenue, Thirty Second Street to its southerly terminus. Fremont Avenue, from Simpson Street to U.S. Highway 20. Greyhound Park Drive, U.S. Highway 61-151 to its terminus. Hill Street, from Ninth Street to the centerline of U.S. Highway 20. Pennsylvania Avenue, from University Avenue to Hickson Street. 6 Ramp connector, eastbound from Fremont Avenue to Grandview Avenue. Ramp connector, westbound from Grandview Avenue to Lombard Street. White Street, Fourth Street to Twelfth Street. THIRTY (30) MILES PER HOUR Ninth Street, Bluff Street to University Avenue. Thirty Second Street, West, Highland Park to J.F. Kennedy Road. Asbury Road, University Avenue to a point five hundred feet (500') west of St. John Drive. Cedar Cross Road, U.S. Highway 20 to a point eight hundred feet (800') east of Ace Avenue. Central Avenue, Thirty Second Street to Ruby Street. Chavenelle Road, from Associates Drive to its westerly terminus. Fremont Avenue, from North Cascade Road to Simpson Street. J.F. Kennedy Road, Sunset Park Circle to city limits. Kaufman Avenue, J.F. Kennedy Road to Central Avenue. Locust Street, West, Clarke Drive to Sixteenth Street. Loras Boulevard, Bluff Street to University Avenue. Pennsylvania Avenue, from Hickson Street to John F. Kennedy Road. Peru Road, from a point seven hundred feet (700’) east of Jackson to Sheridan Road. Rhomberg Avenue, Elm Street to its northeasterly terminus. Shiras Avenue, Rhomberg Avenue to its northerly terminus. University Avenue, Ninth Street to Prysi Street. 7 Windsor Avenue, East Twenty Fourth Street to its northerly terminus. THIRTY-FIVE (35) MILES PER HOUR Sixteenth Street, East, Kerper Boulevard to Sycamore Street. Thirty Second Street, West, Grandview Avenue to Highland Park. Airport Road, from U.S. Highway 61 to a point two thousand three hundred feet (2,300') west of U.S. Highway 61. Asbury Road, from a point five hundred feet (500') west of St. John's Drive to city limits. Cedar Cross Road, Fremont Street to a point eight hundred feet (800') east of Ace Avenue. Dodge Street (U.S. Highway 20), from Locust Street to a point one thousand five hundred thirty feet (1,530') east of Locust Street. Dodge Street (U.S. Highway 20), Locust Street to a point one thousand one hundred feet (1,100') west of Locust Street. Grandview Avenue, Balboa Street to Thirty Second Street. Grandview Avenue, from a point approximately four hundred feet (400') north of Ungs Street to Kaufman Avenue. J.F. Kennedy Road, Dodge Street (U.S. Highway 20) to Sunset Park Circle. Kerper Boulevard, Pine Street to Hawthorne Street. Pennsylvania Avenue, J.F. Kennedy Road to westerly city limits. Peru Road, Sheridan Road to Roosevelt Road (Valley Road). Radford Road, from Chavenelle Road to the northerly city limits. Roosevelt Road (Valley Road and Pebman Road), Peru Road to a point five hundred feet (500') north of Amelia Drive. Seippel Road, Old Highway Road to the northerly city limits. University Avenue, Prysi Street to J.F. Kennedy Road. 8 Wacker Drive, Dodge Street (U.S. Highway 20) to J.F. Kennedy Road. FORTY (40) MILES PER HOUR Central Avenue, Ruby Street to Olympic Heights Road. FORTY FIVE (45) MILES PER HOUR Dodge Street (U.S. Highway 20), from a point one thousand five hundred thirty feet (1,530') east of Locust Street to the easterly city limits on the Julien Dubuque Bridge. Dodge Street (U.S. Highway 20), from a point one thousand one hundred feet (1,100') west of Locust Street to a point five hundred feet (500') east of Crescent Ridge Road. Locust Street ramps to U.S. 52/61/151, from Locust Street to U.S. 52/61/151. Northwest Arterial (IA 32), U.S. Highway 20 to U.S. Highway 52. Peru Road, Roosevelt Road (Valley Road) to northerly city limits. Seippel Road, U.S. Highway 20 to Old Highway Road. U.S. 61/151/52, from a point one hundred fifty feet (150') north of Fifth Street to a point one thousand one hundred feet (1,100') south of the Julien Dubuque Bridge. FIFTY (50) MILES PER HOUR Central Avenue, Olympic Heights Road to northerly city limits. Dodge Street (U.S. Highway 20), from a point five hundred feet (500') east of Crescent Ridge Road to the westerly city limits. Northwest Arterial (IA 32), from Dodge Street (U.S. Highway 20) to the northerly city limits. FIFTY-FIVE (55) MILES PER HOUR Dodge Street (U.S. Highway 20), from a point one thousand sixty feet (1,060') west of Old Highway Road to the westerly city limits. 9 U.S. 61/151/52, from a point one hundred fifty feet (150') north of Fifth Street to the northerly city limits on the Dubuque/Wisconsin bridge, and from a point one thousand one hundred feet (1,100') south of the Julien Dubuque bridge to the southerly city limits. (d) Scheduled fines are established pursuant to Iowa Code Section 805.6(6). Excessive speed in zones 55 mph or less (1) 1 through 5 over (2) 6 through 10 over (3) 11 through 15 over (4) 16 through 20 over (5) Over 20 mph over (plus $2.00 for each mile in excess of 20 mph over limit) Excessive speed in zones greater than 55 mph (6) 1 through 5 over (7) 6 through 10 over (8) 11 through 15 over (9) 16 through 20 over (10) Over 20 mph over (plus $2 for each mile in excess of 20 mph over limit) 4. Sec. 32-321.621. Parking Violations – Fines. The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a place or for such a time as to violate the provisions of this Chapter relating to the parking of vehicles shall pay to the city treasurer as a penalty for such violation the following sum: (1) Except as provided in Subsection (2), (3), or (4), any violation of the Subsections of Article VIII. Stopping, Standing and Parking, an initial fine of fifteen dollars ($15.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twenty dollars ($20.00). (2) Disabled Parking Violations, a fine of one hundred dollars ($100.00). (3) Expired Parking Meter Violations, an initial fine of seven dollars ($7.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twelve dollars ($12.00). (4) Parking in violation of any designated fire lane, a fine of fifty dollars ($50.00) 10 (5) Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be thirty-five dollars ($35.00), Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date of the postmark on the envelope thereof. 5. Sec. 32-321.622. Parking Violations – Posting Bond. All persons receiving such notice of violation and deeming themselves not guilty of such offense, or desiring to appear and defend against the same, shall within seven calendar days appear at the police department and promise to appear in the District Court of Dubuque County, Iowa for trial. 6. Sec. 32-321.645. Meters – Time and Fee Schedule for Specific Lots. Parking meters on municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins, and in the nonmetered parking lots, parking spaces shall be reserved in accordance with the following schedules: (1) On parking lots no. 1, 2, 3, 4, 5, 6, 7, and 10, the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been placed in operation. The maximum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. (2) On parking lot no. 5, reserved parking for each space for which a parking meter has not been installed shall be reserved by the city for assignment by the City Manager for purposes of carrying out the business of city government. (3) On parking lot no. 10, reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays at a monthly rate of thirty seven dollars ($37.00), payable each month. (4) On parking lot no. 12, reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays at a monthly rate of twenty five dollars ($25.00), payable each month. (5) On parking lot no. 2, reserved parking for each space for which parking meters have not been installed shall be rented through an agreement approved by the City Council. Reserved parking for nonmetered spaces shall be between 11 the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays at a monthly rate of twenty seven dollars ($27.00), payable each month. (6) On parking lot no. 1, reserved parking for each space for which parking meters have not been installed shall be rented through an agreement approved by the City Council. Reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays at a monthly rate of twenty seven dollars ($27.00), payable each month. Notice of such restrictions, as provided for in this Section, shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle if said vehicle is parked in violation of this Section shall, when such notice is served upon such owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such violation the sum of fifteen dollars ($15.00) and after thirty (30) days a sum of twenty dollars ($20.00). 7. Sec. 32-321.667. Fee Schedule. Subject to the limitations provided in this Division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coins in accordance with the following schedule: (1) One hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of sixty (60) minutes at any one time. (2) Two (2) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of one hundred twenty (120) minutes at any one time. (3) Four (4) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of four (4) hours at any one time. (4) Ten (10) hour parking meters shall show legal parking for twenty five cents ($0.25) per hour, but not more than a total of ten (10) hours at any one time. (5) Twenty (20) minute parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of twenty (20) minutes at any one time. (6) Forty (40) minute parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of forty (40) minutes at any one time. 12 8. Sec. 32-321.669. Exemption of Persons Holding Resident Parking Permits from Sections 32-321.667 and 32-321.668 of this Division. (a) "Resident Parking Sticker" Defined; Display Required. A "resident parking sticker" is a permit to park a motor vehicle upon the streets of the city in the parking meter district. When a valid parking sticker is displayed upon a vehicle, that vehicle shall be exempt from the provisions of Sections 32-321.667 and 32- 321.668 of this Division in the parking meter district. (b) Sticker Issuance: A resident parking sticker shall only be issued to an individual who is occupying a housing unit as that person's principal abode. The housing unit must be located within the parking meter district. No more than one parking sticker shall be issued for each housing unit and shall be issued subject to the following conditions: (1) The place of residency of the applicant shall be verified by the parking system manager. (2) Stickers shall be issued at the rate of one per block in those blocks having ten (10) or fewer parking spaces at the rate of two (2) per block in those blocks containing eleven (11) or more parking spaces. (3) In the case of multiple applications, the date of sticker application shall be the determination factor and preference shall be given that applicant with the longest time on the resident parking sticker waiting list. (4) In the case of municipal lot no. 1, one residential permit per unit, up to twenty nine (29) permits may be issued to persons whose principal address is listed as the Cornerstone Place located at 9th and Iowa. (c) Information on Sticker, Manner of Display. The resident parking sticker shall indicate a control number, the location for which the sticker is valid, the expiration date, and the license number of the vehicle for which it is issued. The block in which the resident parking sticker is valid shall be determined by the parking system manager or his/her duly authorized representative in accordance with Subsection (b)(2) of this Section. The resident parking sticker shall be placed in the upper portion of the rear window on the driver's side of the vehicle. (d) Non-eligibility of Businesses for Permit. The resident parking sticker shall not be issued to any businesses, corporations, or organizations who maintain facilities in the meter districts. (e) Falsely Obtaining Permit. No person shall knowingly misrepresent or intentionally falsify any information which is required in order to obtain a resident parking sticker. 13 (f) Permit Limitation to Authorized Location. No person shall park a vehicle bearing a resident parking sticker in any area other than that indicated on the sticker, unless such person has fulfilled the requirements of any and all parking ordinances applicable to that area. (g) Permit Fee, Revocation. The City Manager is hereby authorized to set a fee for the issuance of the resident parking sticker. The sticker shall be sold on a quarterly basis and the cost shall be prorated to the nearest half (1/2) month. The City Manager shall have the authority to revoke the parking sticker of any person who fails to continue to meet the original issuance requirements. In the event of revocation of a resident parking sticker, refund shall be made for any month remaining wholly unused. (h) Violation; Penalty. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars ($100.00), and upon failure to pay said fine shall be imprisoned for a period not exceeding thirty (30) days. 9. Sec. 32-321.704. Disability Signs Required. (a) Parking spaces designated as special parking places for disabled persons shall be identified with the disability parking sign on a vertical post bearing the international symbol of accessibility; the fine is one hundred dollars ($100.00) for improper use. (b) Any person who owns or leases rental property in the city and is required to provide disabled parking by the Iowa Code shall identify each parking space with a disability parking sign bearing the international symbol of accessibility; the fine is one hundred dollars ($100.00) for improper use. 10. Sec. 32-321.705. Prohibited Use of Parking Places or Identification Devices. The use of a disabled person space, including the access aisle, located on either public or private property, by a motor vehicle not displaying a special identification device issued by an official state or federal agency, or by a motor vehicle displaying such a device but not being used by a disabled person, as operator or passenger, is prohibited and is a misdemeanor for which a fine may be imposed upon the owner, operator, or lessee of the motor vehicle. The fine for each violation shall be one hundred dollars ($100.00). 11. Sec. 32-321.771. Unauthorized Removal of Vehicle. (a) It shall be unlawful for any person to remove a vehicle from the facility where it is being held without the prior payment of all accrued and delinquent fines and costs for towing, preservation, and storage charges, and a city 14 administrative fee of twenty dollars ($20.00) payable to the City of Dubuque resulting from placing the vehicle in custody and the costs of the notice required pursuant to Section 32-321.431 of this Division. (b) The City Manager is authorized to summarily reimpound any vehicle removed in violation of this Section. 12. Sec. 32-321.800. Vehicular Noise. (a) It shall be unlawful for any person to make, continue, or cause any disturbing, excessive, or offensive noise which results in discomfort or annoyance to any reasonable person of normal sensitivity by means of any radio, compact disk player, stereo, speakers, cassette tape player, or similar sound device in a motor vehicle. (b) The operation of any radio, compact disk player, stereo, speakers, cassette tape player, or similar sound device in such a manner so as to be audible at a distance of two hundred feet (200') from the motor vehicle shall constitute evidence of a prima facie violation of this Section. 13. Sec. 32-321.805. Engine Brakes and Compression Brakes. (a) It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the city, any engine brake, compression brake, or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle. (b) The usage of an engine brake, compression brake, or mechanical exhaust device designed to aid in braking or deceleration in such a manner so as to be audible at a distance of three hundred feet (300') from the motor vehicle shall constitute evidence of a prima facie violation of this Section. (c) The scheduled fine for a violation of this Section shall be fifty dollars ($50.00). 14. Sec. 32-321.902. Motor Truck Routes Prohibited on Designated Streets. (a) Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons) shall not travel over the following streets: Ice Harbor Drive, from First Street to the Third Street Overpass. Main Street, from Fifth Street to Ninth Street. 15 (b) The City Manager shall post signs limiting motor trucks registered with a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons) from operating on the streets designated in Subsection (a) of this Section. (c) The scheduled fine for a violation of this Section shall be fifty dollars ($50.00). 15. Sec. 32-321.903. Heavy Vehicles Prohibited on Certain Bridges. (a) When signs are erected giving notice thereof, no person shall operate a vehicle exceeding the posted gross vehicle weight limits on, or over the following bridges: 10 Tons Louise Lane Bridge 12 Tons Brunskill Road Bridge 20 Tons Cousins Road Bridge (b) This Section shall not apply to implements of husbandry or to implements of husbandry loaded on hauling units for transporting the implements to locations for purposes of repair. (c) A person who violates this Section shall, upon conviction or a guilty plea, be subject to a fine determined by dividing the difference between the actual weight of the vehicle and the maximum weight allowed by this Section by one hundred (100) and multiplying the quotient by two dollars ($2.00). Chapter 32 as amended is available at the City Clerk’s office located in City Hall, 50 W. th 13 Street, Dubuque, IA 52001. The regular business hours of the City Clerk’s office are from 8 a.m. to 5 p.m. Monday through Friday. Amended Chapter 32 becomes effective upon publication. th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2008. /s/Jeanne F. Schneider, CMC City Clerk 1t 6/25 16