Bicycle Definitions OrdinanceTHE CITY OF Dubuque
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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.