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
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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.
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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
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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