All-Terrain Vehicles and Safety Belts_Child Restraint Devices OrdinanceMasterpiece on the Mississippi
Dubuque
keild
AN- AmericaCity
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: AII- Terrain Vehicles and Safety Belts /Child Restraint Devices Ordinance
DATE: June 15, 2010
Assistant City Attorney Crenna Brumwell recommends City Council approval of four
ordinances that need to be updated to mirror the State changes regarding AII- Terrain
Vehicles and Safety Belts /Child Restraint Devices.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
Mich el C. Van Milligen
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, E
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
E MEM
DATE: June 2, 2010
RE: All- Terrain Vehicles and Safety Belts /Child Restraint Devices Ordinances
Due to recent updates to the State Code, various City ordinances need to be updated to
mirror the state changes.
I am attaching four ordinances. The first ordinance amends the definition of "all- terrain
vehicle ". The second ordinance amends certain roadway use restrictions of all- terrain
vehicles. The third ordinance modifies the age when safety belt use is required and
establishes the violations and penalties for failure to wear safety belts. The fourth
ordinance modifies the age when use of child restraint devices or safety belts is
required and establishes the violations for failure to use such devices.
would ask that the attached ordinances be reviewed and forwarded to the City Council
for consideration. Thank you.
Attachments
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. 33-10
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 ALL - TERRAIN VEHICLE
NOW, THEREFORE, BE 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:
ALL - TERRAIN VEHICLE: A motor vehicle designed to travel on three (3) or more
wheels and designed primarily for off road use. "All-terrain vehicle" includes off -road
utility vehicles as defined in Iowa Code Section 3211.1, but does not include farm
tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds
maintenance vehicles when used for farming, construction, commercial deliveries,
forestry, lawn and grounds maintenance, or towing for utility as opposed to recreational
uses.
Attest:
Section 2. This Ordinance shall take effect on July 1, 2010.
Passed, approved and adopted the 21 day f June, 2010.
eanne F. Schneider, City Clerk
Roy D. ' 001, Mayor
9 -1- 321.1: DEFINITIONS:
EFFECT OF AMENDMENT
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:
ALL - TERRAIN VEHICLE: A motor vehicle designed to travel on threewe (22) or more
wheels and designed primarily for off road use. "All-terrain vehicle" includes off-road
utility vehicles as defined in Iowa Code Section 3211.1, -but does not include+ng farm
tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds
maintenance vehicles when used for farming, construction, commercial deliveries,
forestry, lawn and grounds maintenance, or towing for utility as opposed to recreational
uses.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 34-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 5 OBEDIENCE TO AND EFFECT OF TRAFFIC
LAWS, SECTION 9- 5- 321.234A ALL - TERRAIN VEHICLES BY AMENDING CERTAIN
ROADWAY USE RESTRICTIONS THEREIN
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9- 5- 321.234A of the City of Dubuque Code of Ordinances is
amended to read as follows:
9- 5- 321.234A: ALL - TERRAIN VEHICLES:
A. Roadway Use:
1. All-terrain vehicles shall not be operated on a roadway unless one or more
of the following conditions apply:
a. The operation is between sunrise and sunset and is incidental to
the vehicle's use for agricultural purposes. For purposes of this paragraph,
"incidental to the vehicle's use for agricultural purposes" includes stopping
in the course of agricultural use to obtain fuel for the all- terrain vehicle or
to obtain food or a non - alcoholic beverage for the operator.
Section 2. This Ordinance shall take effect on July 1, 2010.
Passed, approved and adopted the 21 day of June, 2010.
Attest:
City Clerk Jeanne F. Schneider, CMC
EFFECT OF AMENDMENT
9- 5- 321.234A: ALL - TERRAIN VEHICLES:
A. Roadway Use:
1. All-terrain vehicles shall not be operated on a roadway unless one or more
of the following conditions apply:
a. The all tcrrain vchicic is operationed is between sunrise and sunset and
is incidental to the vehicle's use for agricultural purposes. For purposes of
this paragraph, "incidental to the vehicle's use for agricultural purposes"
includes stopping in the course of agricultural use to obtain fuel for the all -
terrain vehicle or to obtain food or a non - alcoholic beverage for the
operator.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 35-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 12 EQUIPMENT, SECTION 9 -12- 321.445
SAFETY BELTS AND SAFETY HARNESSES BY MODIFYING THE AGE WHEN
SAFETY BELT USE IS REQUIRED AND ESTABLISHING THE VIOLATIONS AND
PENALTIES FOR FAILURE TO WEAR SAFETY BELTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -12- 321.445 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -12- 321.445: SAFETY BELTS AND SAFETY HARNESSES:
A. It shall be unlawful for any driver or front seat occupant of a 1966 model year or
newer model motor vehicle which is subject to registration in Iowa, except a motorcycle
or a motorized bicycle, not to wear a properly adjusted and fastened safety belt or
safety harness any time the vehicle is in forward motion on a street in this city, except
that a child under eighteen (18) years of age shall be secured as required under section
9 -12- 321.446 of this chapter. The safety belt or safety harness system used in the
vehicle must meet standards as required under state of Iowa Code section 321.445(1)
for safety belts and safety harnesses.
This section shall not apply to:
5. A person possessing a written certification from a health care provider
licensed under Iowa Code, on a form provided by the Iowa Department of
Transportation that the person is unable to wear a safety belt or safety, harness .
due to physical or medical reasons. The certification shall specify the time period
B. The driver and front seat passengers may each be charged separately for
improperly used or nonused equipment under subsection A of this section. However,
the driver shall not be charged for a violation committed by a passenger who is fourteen
(14) years of age or older unless the passenger is unable to properly fasten a seat belt
due to a temporary or permanent disability. The owner of the motor vehicle may be
charged for equipment violations.
Attest:
for which the exemption applies. The time period shall not exceed twelve (12)
months, at which time a new certification may be issued.
Section 2. This Ordinance shall take effect on July 1, 2010.
Passed, approved and adopted the 21 day, of June, 2010.
eanne F. Schneider, CMC
City Clerk
L.;
Roy D. uol, Mayor
EFFECT OF AMENDMENT
9 -12- 321.445: SAFETY BELTS AND SAFETY HARNESSES:
A. It shall be unlawful for any driver or front seat occupant of a 1966 model year or
newer model motor vehicle which is subject to registration in Iowa, except a motorcycle
or a motorized bicycle, not to wear a properly adjusted and fastened safety belt or
safety harness any time the vehicle is in forward motion on a street in this city, except
that a child under eighteenieven (148) years of age shall be secured as required under
section 9 -12- 321.446 of this chapter. The safety belt or safety harness system used in
the vehicle must meet standards as required under state of Iowa Code section
321.445(1) for safety belts and safety harnesses.
This section shall not apply to:
5. A person possessing a written certification from a health care provider
licensed under Iowa Code, physician on a form provided by the Iowa
€1-Department of tTransportation that the person is unable to wear a safety belt or
safety harness due to physical or medical reasons. The certification shall specify
the time period for which the exemption applies. The time period shall not exceed
twelve (12) months, at which time a new certification may be issued.
B. The driver and front seat passengers may each be charged separately for
improperly used or nonused equipment under subsection A of this section. However,
the driver shall not be charged for a violation committed by a passenger who is fourteen
(14) years of age or older unless the passenger is unable to properly fasten a seat belt
due to a temporary or permanent disability. The owner of the motor vehicle may be
charged for equipment violations.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 36-10
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 12 EQUIPMENT, SECTION 9 -12- 321.446
CHILD RESTRAINT DEVICES BY MODIFYING THE AGE WHEN USE OF CHILD
RESTRAINT DEVICES OR SAFETY BELTS IS REQUIRED AND PROVIDING
EXCEPTIONS TO SUCH REQUIREMENTS, AND PROVIDING THE PROCESS FOR
ESTABLISHING VIOLATIONS FOR FAILURE TO USE CHILD RESTRAINT DEVICES
OR SAFETY BELTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -12- 321.446 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -12- 321.446: CHILD RESTRAINT DEVICES:
C. A child at least six (6) years of age but under eighteen (18) years of age who is
being transported in a motor vehicle subject to registration by the state, except a school
bus or motorcycle, shall be secured during transit by a child restraint system that is
used in accordance with the manufacturer's instruction or by a safety belt or safety
harness. The safety belt or safety harness system used in the vehicle must meet
standards as required under Iowa Code section 321.445(1) for safety belts and safety
harnesses.
D. This section does not apply to the following:
6. The transportation of a child who has been certified by a physician
licensed under Iowa Code, as having a medical, physical, or mental condition
E. A person who violates this section is guilty of a simple misdemeanor punishable
as a scheduled violation under section 805.8A, subsection 14, paragraph "c ". Violations
shall be charged as follows:
Attest:
which prevents or makes inadvisable securing the child in a child restraint
system, safety belt, or safety harness.7. A back seat occupant of a motor vehicle
for whom no safety belt is available because all safety belts are being used by
other occupants or cannot be used due to the use of a child restraint system in
the seating position for which a belt is provided.
1. An operator who transports a passenger under fourteen (14) years of age
in violation of subsection A, B, or C may be charged with a violation of this
section.
2. If a passenger fourteen (14) years of age or older is unable to properly
fasten a seatbelt due to a temporary or permanent disability, an operator who
transports such a person in violation of subsection C may be charged with a
violation of this section. Otherwise, a passenger fourteen (14) years of age or
older who violates subsection C shall be charged in lieu of the operator.
3. If a child under fourteen (14) years of age, or a child fourteen (14) years of
age or older who is unable to fasten a seatbelt due to a temporary or permanent
disability, is being transported in a taxicab in a manner that is not in compliance
with subsection A, B, or C, the parent, legal guardian, or other responsible adult
traveling with the child shall be served with a citation for a violation of this section.
in lieu of the taxicab operator. Otherwise, if a passenger being transported in the
taxicab is fourteen (14) years of age or older, the citation shall be served on the
passenger in lieu of the taxicab operator.
F. For purposes of this section, "child restraint system" means a specially designed
seating system, including a belt positioning seat or a booster seat that meets federal
motor vehicle safety standards.
Section 2. This Ordinance shall take effect on July 1, 2010.
Passed, approved and adopted the 21 day June, 2010.
Jeanne F. Schneider, City Clerk
Roy D. /Suol, Mayor
EFFECT OF AMENDMENT
9 -12- 321.446: CHILD RESTRAINT DEVICES:
1 C. A child at least six (6) years of age but under eighteen n (184) years of age
who is being transported in a motor vehicle subject to registration by the state, except a
school bus or motorcycle, shall be secured during transit by a child restraint system that
is used in accordance with the manufacturer's instruction or by a safety belt or safety
harness. The safety belt or safety harness system used in the vehicle must meet
standards as required under Iowa Code section 321.445(1) for safety belts and safety
harnesses.
1 D. This section does not apply to the following:
6. The transportation of a child who has been certified by a physician
licensed physicianunder Iowa Code, as having a medical, physical, or mental
condition which prevents or makes inadvisable securing the child in a child
restraint system, safety belt, or safety harness.
7. A back seat occupant of a motor vehicle for whom no safety belt is
available because all safety belts are being used by other occupants or cannot
be used due to the use of a child restraint system in the seating position for
which a belt is provided.
E. A person who violates this section is guilty of a simple misdemeanor punishable
as a scheduled violation under section 805.8A, subsection 14, paragraph "c ". Violations
shall be charged as follows:
1. An operator who transports a passenger under fourteen (14) years of age
in violation of subsection A, B, or C may be charged with a violation of this
section.
2. If a passenger fourteen (14) years of age or older is unable to properly
fasten a seatbelt due to a temporary or permanent disability, an operator who
transports such a person in violation of subsection C may be charged with a
violation of this section. Otherwise, a passenger fourteen (14) years of age or
older who violates subsection C shall be charged in lieu of the operator.
3. If a child under fourteen (14) years of age, or a child fourteen (14) years of
age or older who is unable to fasten a seatbelt due to a temporary or permanent
disability, is being transported in a taxicab in a manner that is not in compliance
with subsection A, B, or C, the parent, legal guardian, or other responsible adult
traveling with the child shall be served with a citation for a violation of this section
in lieu of the taxicab operator. Otherwise, if a passenger being transported in the
taxicab is fourteen (14) years of age or older, the citation shall be served on the
passenger in lieu of the taxicab operator.
misdcm anor and subject to thc penalty provisions of Iowa Code section 805.8A,
parent, legal guardian, or other responsible adult traveling with thc child shall be
1 e
has not purchased or otherwise acquired a child restraint system shall not be
federal motor vehicle safety standards.
GF. For purposes of this section, "child restraint system" means a specially designed
seating system, including a belt positioning seat or a booster seat that meets federal
motor vehicle safety standards.