Loading...
Bicycle Definitions OrdinanceTHE CITY OF Dubuque DLTB E ~-~~~~~ 1 r Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bicycle Definitions Ordinance DATE: October 27, 2009 Assistant City Attorney Crenna Brumwell is recommending City Council approval of an ordinance related to the definition of bicycles. The ordinance amendments will bring the City of Dubuque Code of Ordinances in alignment with a state law update. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi ~ ~U~~ CRENNA M. BRUMWELL, ES .' ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: October 15, 2009 RE: Bicycle Definitions Ordinance Attached please find an ordinance related to the definition of bicycles. The ordinance amendments will bring the City of Dubuque Code of Ordinances in alignment with a state law update. The modification expands the definition of bicycle, addresses bicycles with small motors added, and updates the distinction between bicycles and motorized bicycles. I recommend bringing the City ordinance into alignment with the state code by presenting the proposed amendments to the City Council. Thank you. cc: Terry Tobin, Acting Chief of Police OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EnnAIL cbrumwel@cityofdubuque.org Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 53 09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1- 321.1 DEFINITIONS, BY AMENDING THE DEFINITION OF BICYCLE AND MOTORIZED BICYCLE OR MOTOR BICYCLE NOW, THEREFORE, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-1-321.1. Definitions. The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: Bicycle: A. A device having two (2) or more wheels and having at least one (1) saddle or seat for the use of a rider which is propelled by human power; or B. A device having two (2) or three (3) wheels with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts (one (1) horsepower), with a maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than twenty (20) miles per hour. Motorized Bicycle or Motor Bicycle: A motor vehicle having a saddle or a seat for the use of a rider and designed to travel on not more than three (3) wheels in contact with the ground, and not capable of operating at a speed in excess of thirty (30) miles per hour on level ground unassisted by human power. Section 2. This ®rdinance shall take effect on publication. Passed, approved and adopted the 2nd day~of November , 2009. At east: eanne F. Schneider, City Clerk Roy D.~~uol, Mayor EFFECT OF AMENDMENT 9-1-321.1. Definitions. The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: Bicycle: A. A device having two (2) or more wheels and having at least one saddle or seat for the use of a rider which is propelled by human power.-; or B. A device having two (2) or three (3) wheels with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts (one (1) horsepower), with a maximum speed on a paved level surface when powered solely by such a motor while ridden, is less than twenty (20) miles per hour Motorized Bicycle or Motor Bicycle: A motor vehicle having a saddle or a seat for the use of a rider and designed to travel on not more than three (3) wheels in contact with the ground, ror~+imo+o rc and not capable of operating at a speed in excess of thirt 30 ~•~°n} (~) miles per hour on level ground unassisted by human power.