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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.