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Code of Ordinances Amendment - Title 9 Street Storage of Vehicles Copyrighted September 4, 2018 City of Dubuque Action Items # 5. ITEM TITLE: Code of Ordinances Amendment- Title 9 Street Storage SUMMARY: City Manager recommending approval of an amendment to the Street Storage Ordinance which requires vehicles be operational, registered and licensed. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 15 Impoundment of Vehicles, Division 3 Street Storage, Section 9-15-321 .761 Definition SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Street Storage Ordinance-NNM Memo City Manager Memo Staff Memo Staff Memo Ordinance Ordinance Suggest Nbtion Wording Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Street Storage Ordinance DATE: August 28, 2018 City Attorney Crenna Brumwell recommends City Council approval of an amendment to the Street Storage Ordinance which requires vehicles be operational, registered and licensed. Street storage is sometimes an issue as vehicles that are not operational sit on public streets. Upon receipt of a notice by the vehicle owner, the Police Department reports vehicles are sometimes placed in neutral and pushed or pulled to a different location, defeating the current language of the Code. Technically, if the vehicle has moved, without regard to how it was moved, the owner has complied with the notice. The ordinance amendment requires vehicles be operational, registered, and licensed. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager THE CITY OF Dubuque �" ui���neoc�ry DUB E '�II�;' Masterpiece on the Mississippi �°°'��°'� 2013 2017 CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager Date: August 24, 2018 Re: Street Storage Ordinance Street storage is sometimes an issue as vehicles that are not operational sit on public streets. Upon receipt of a notice by the vehicle owner, the Police Department reports vehicles are sometimes placed in neutral and pushed or pulled to a different location, defeating the current language of the Code. Technically, if the vehicle has moved, without regard to how it was moved, the owner has complied with the notice. The attached ordinance amendment requires vehicles be operational, registered, and licensed. I ask that the ordinance be reviewed and forwarded to City Council for consideration and approval. Thank you. cc: Mark Dalsing, Chief of Police OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� cbrumwel@cityofdubuque.org Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 30-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 15 IMPOUNDMENT OF VEHICLES, DIVISION 3 STREET STORAGE, SECTION 9-15-321.761 DEFINITION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-15-321.761 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 9-15-321.761: DEFINITIONS: For the purpose of this chapter: "Move or moving" means a change in place or position by driving an operational, running, and registered vehicle. Move or moving does not include pushing, pulling, dragging, trailering, or putting a vehicle in neutral to change its position or location. "Unattended motor vehicle" means an operable or non-operable vehicle which has remained in a stationary position on a public way for twenty-four (24) hours or more. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of September 2018. Attest: Kevi S. Firnstahl, City Clerk D. Buol, Mayor EFFECT OF AMENDMENT � 9-15-321 .761 : DEFINITIONS: °:,�'Readed„^,��e#i^��For the purpose of this chapter_ "Move or movinq" means a chanqe in place or position by drivinq an operational, runninq, and reqistered vehicle. Move or movinq does not include pushinq, pullinq, draqqinq, trailerinq, or puttinq a vehicle in neutral to chanqe its position or location. "Unattended motor vehicle"; means an operable or nonoperable vehicle which has remained in a stationary position on a public way for twenty four (24) hours or more. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 07, 2018, and for which the charge is $14.59. 3 Pje Subscribed to before me, a N ary Public in d for Dubuque County, Iowa, this /ta day o .�' ! �., , 20 Ar. Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 :OFFICIAL PUBLICATION ORDINANCE'NO.30-18, -AMENDING .CITY OF DUBUQUE :POPE OFt ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAP TER 15 IMPOUND- MENT. OF VEHICLES, DIVISION"" 3 STREET STORAGE, SECTION 9-15-321:761 DERNI� TION NOW, THEREFORE; BE IT ORDAINED BY r THE CITY COUNCIL, OF. THE CIT\ OF .DUBUQUE, IOWA: Section 1. Section 9- 15-321.761 of the City of Dubuque Code of Or- dinances is hereby amended to read as ,1 follows: 9-15-321.761: DEFINI- TIONS: For the; purpose of this chapter: Move or moving means a change in place or position by driving an operational, running, and registered vehicle. Move or ,mov- ing does not include pushing, pulling, drag- ging, trailering, or putting a vehicle'. in neutral to change its position or location.: Unattended motor ve- hicle means an opera- ble or non-operable vehicle which has re- mained in a stationary position on a public way for twenty-four (24) hours or more. - Section 2. This Ordi- nance shall take effect upon publication. Passed, approved, and adopted this 4th day of September 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firn stahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of September 2018. /s/Kevin S. Firnstahl, ' City Clerk 1t9/7