Operation without Registration & Driver's License Amendment to Code of OrdinancesT®: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Operation without Registration and Driver's License Ordinance
®ATE: April 15, 2009
Assistant City Attorney Crenna Brumwell is recommending the amendment of the City
Code related to operation without Registration and Driver's License to correspond with
the State numbering pattern for easier reference purposes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~- ~~~ .
ichael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
To: Michael C. Van Milligen
City Manager
®ATE: April 7, 2009
RE: Operation without Registration and Driver's License Ordinance
Attached please find an ordinance which modifies Chapter 32 -Motor Vehicle and
Traffic for City Council consideration. The proposed addition adjusts the City Code
provision to correspond with the State Code numbering pattern. This allows for easy
reference between the City and State Codes for the Police Department. The ordinance
mirrors the State law which requires that vehicles operated in the City be registered and
display current registration. The City does not currently have a registration provision.
Please let me know if you would like additional information or a meeting.
cc: Jeanne Schneider, City Clerk
Kim Wadding, Chief of Police
Terry Tobin, Assistant Chief of Police
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
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 24 -09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.98
OPERATION WITHOUT REGISTRATION AND 32-321.174A OPERATOR'S LICENSE
- OPERATION OF COMMERCIAL MOTOR VEHICLES BY ADDING PROVISIONS
WHICH PROHIBIT AN INDIVIDUAL FROM OPERATING A VEHICLE WITHOUT
REGISTRATION WITHIN THE CITY OF DUBUQUE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Sections 32-321.98 and 32-321.174A of the City of Dubuque Code of
Ordinances are amended to read as follows:
Secs. 32-321.79 - 32-321.89. Reserved.
ARTICLE IV. DRIVER'S LICENSES
DIVISION I. GENERALLY
Secs. 32-321.90 - 32.321-97. Reserved.
Sec. 32-321.98. Operation without Registration.
A person shall not operate, and an owner shall not knowingly permit to be operated
upon any highway any vehicle required to be registered and titled hereunder unless
there shall be attached thereto and displayed thereon when and as required by this
Chapter a valid registration card and registration plate or plates issued therefore for the
current registration year and unless a certificate of title has been- issued for such vehicle
except as otherwise expressly permitted in this Chapter. Any violation of this Section is
punishable as a scheduled violation under Iowa Code Section 805.8A.
Secs. 32-321.99 - 32-321.173. Reserved.
Sec. 32-321.174. Operator's License -Operation of Commercial Motor Vehicles.
(a) A person, except those expressly exempted, shall not operate any motor vehicle
upon any street of this city unless the person has a driver's license issued by the
department valid for the vehicle's operation.
(b) A person operating a commercial motor vehicle shall not have more than one
driver's license. A nonresident may operate a commercial motor vehicle in Iowa if the
nonresident has been issued a license by another state, a nonresident commercial
driver's license, or a driver's license issued by a foreign jurisdiction which the Federal
Highway Administration has determined to be issued in conformity with the federal
commercial driver testing and licensing standards, if the license, commercial driver's
license, or driver's license is valid for the vehicle operated.
(c) Every licensee shall have an operator or instruction permit in immediate
possession at all times when operating a motor vehicle and shall display the same upon
demand of a judicial magistrate, district associate judge, peace officer,, or a field deputy
or examiner of the department. However, no person charged with violating this provision
shall be convicted if such person produces in court, within a reasonable time, an
operator or instruction permit theretofore issued to such person and valid at the time of
such person's arrest.
Sec. 32-321.174A. Operation of Motor Vehicle with Expired License.
A person shall not operate a motor vehicle upon a highway in this city with an expired
driver's license.
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 20th day of April , 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
FFECT ®F AMEN®MEN°T
Secs. 32-321.79 - 32-321.''
Reserved.
ARTICLE IV. DRIVER'S LICENSES
DIVISION I. GENERALLY
secs. 32-321.x° ~~ ~'~1.9`~. Rat - ne
Sec. ~'~®321.93. ~erAation withou~ , ;isgration.
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Sec. 32-321.174. Operator's License -Operation of Commercial Motor Vehicles.
(a) A person, except those expressly exempted, shall not operate any motor vehicle
upon any street of this city unless the person has a driver's license issued by the
department valid for the vehicle's operation.
(b) A person operating a commercial motor vehicle shall not have more than one
driver's license. A nonresident may operate a commercial motor vehicle in Iowa if the
nonresident has been issued a license by another state, a nonresident commercial
driver's license, or a driver's license issued by a foreign jurisdiction which the Federal
Highway Administration has determined to be issued in conformity with the federal
commercial driver testing and licensing standards, if the license, commercial driver's
license, or driver's license is valid for the vehicle operated.
(c) Every licensee shall have an operator or instruction permit in immediate
possession at all times when operating a motor vehicle and shall display the same upon
demand of a judicial magistrate, district associate judge, peace officer, or a field deputy
or examiner of the department. However, no person charged with violating this provision
shall be convicted if such person produces in court, within a reasonable time, an
operator or instruction permit theretofore issued to such person and valid at the time of
such person's arrest.
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