9-1-321.1 Ordinance RevisionCopyrighted
December 6, 2021
City of Dubuque Action Items # 4.
City Council Meeting
ITEM TITLE: 9-1-321.1 Ordinance Revision
SUMMARY: City Manager recommending City Council approval of an ordinance
amending the definitions section of Title 9 regarding Motor Vehicles and
Traffic revisions to ensure the City Code is consistent with State Code.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9
Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-
321.1 Definitions
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Ordinance Revision 9-1-321.1-MVM Memo City Manager Memo
Memo City Manager Memo
Ordinance 9-1-321.1 Ordinance
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 9-1-321.1 Ordinance Revision
DATE: November 17, 2021
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
City Attorney Crenna Brumwell recommends City Council approval of an ordinance
amending the definitions section of Title 9 regarding Motor Vehicles and Traffic
revisions to ensure the City Code is consistent with State Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4
Mic ael C. Van Milligen
MCVM:jh
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
THE CITY OF
CRENNA M. BRUMWELL, ESQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: November 17, 2021
RE: 9-1-321.1 Ordinance Revision
Dubuque
AN -into My
,III'•'
2007.2012
2013.2017
To ensure city code is consistent with state code attached are some modifications to the
definitions section of Title 9 regarding Motor Vehicles and Traffic revisions.
I am attaching an ordinance amending those definitions for review.
CMB:JLM
cc: Jeremy Jensen, Interim Chief of Police
Jordan Waddick, Officer
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. 44 - 21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1-321.1
DEFINITIONS
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:
BICYCLE: means either of the following:
A. A device having two (2) or three (3) 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 low -speed electric bicycle.
LOW -SPEED ELECTRIC BICYCLE: A device having a saddle or seat for the use of a
rider, two (2) or three (3) wheels equipped with fully operable pedals, and an electric
motor of less than seven hundred fifty (750) watts that meets the requirements of one of
the following classes:
A. "Class 1 low -speed electric bicycle": means a low -speed electric bicycle
equipped with a motor that may be used to provide assistance only when the rider
is pedaling and that ceases to provide assistance when the bicycle reaches a
speed of twenty (20) miles per hour or more.
B. "Class 2 low -speed electric bicycle": means a low -speed electric bicycle
equipped with a motor that may be used exclusively to propel the bicycle and that
is not capable of providing assistance when the bicycle reaches a speed of twenty
(20) miles per hour or more.
C. "Class 3 low -speed electric bicycle": means a low -speed electric bicycle
equipped with a motor that may be used to provide assistance only when the rider
is pedaling and that ceases to provide assistance when the bicycle reaches a
speed of twenty-eight (28) miles per hour or more.
MOTORCYCLE: Every motor vehicle having a saddle or seat for the use of the rider and
designed to travel on not more than three (3) wheels in contact with the ground including
a motor scooter but excluding a tractor an autocycle, a low -speed electric bicycle, and a
motorized bicycle.
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle or seat
for the use of a rider, 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-nine (39) miles per
hour on level ground unassisted by human power, but excluding a low -speed electric
bicycle.
VEHICLE: Every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway. "Vehicle" does not include:
A. Any device moved by human power, including a low -speed electric bicycle.
B. Any device used exclusively upon stationary rails or tracks.
C. Any integral part of a truck -tractor or road tractor which is mounted on the
frame of the truck -tractor or road tractor immediately behind the cab and which
may be used to transport persons and property but which cannot be drawn upon
the highway by the truck -tractor or another motor vehicle.
D. Any steering axle, dolly, auxiliary axle, or other integral part of another
vehicle which in and of itself is incapable of commercially transporting any person
or property but is used primarily to support another vehicle.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 6th day of December, 2021.
X P�
Roy D. Elfol, Mayor
Attest:
a//lrAiOti // 649,
Adrienne Breitfelder, City Clerk
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: means either of the following:
A. A device having two (2) or three (3) 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 low -speed electric bicycle.
LOW -SPEED ELECTRIC BICYCLE: A device having a saddle or seat for the use of a
rider, two (2) or three (3) wheels equipped with fully operable pedals, and an electric
motor of less than seven hundred fifty (750) watts that meets the requirements of one of
the following classes:
A. Class 1 low -speed electric bicycle: means a low -speed electric bicycle
equipped with a motor that may be used to provide assistance only when the rider
is pedaling and that ceases to provide assistance when the bicycle reaches a
speed of twenty (20) miles per hour or more.
B. Class 2 low -speed electric bicycle: means a low -speed electric bicycle
equipped with a motor that may be used exclusively to propel the bicycle and that
is not capable of providing assistance when the bicycle reaches a speed of twenty
(20) miles per hour or more.
C. Class 3 low -speed electric bicycle: means a low -speed electric bicycle
equipped with a motor that may be used to provide assistance only when the rider
is pedaling and that ceases to provide assistance when the bicycle reaches a
speed of twenty-eight (28) miles per hour or more.
MOTORCYCLE: Every motor vehicle having a saddle or seat for the use of the rider and
designed to travel on not more than three (3) wheels in contact with the ground including
a motor scooter but excluding a tractor an autocycle, a low -speed electric bicycle, and a
motorized bicycle.
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle or seat
for the use of a rider, 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-nine (39) miles per
hour on level ground unassisted by human power, but excluding a low -speed electric
bicycle.
VEHICLE: Every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway. "Vehicle" does not include:
A. Any device moved by human power, including a low -speed electric bicycle.
B. Any device used exclusively upon stationary rails or tracks.
C. Any integral part of a truck -tractor or road tractor which is mounted on the
frame of the truck -tractor or road tractor immediately behind the cab and which
may be used to transport persons and property but which cannot be drawn upon
the highway by the truck -tractor or another motor vehicle.
D. Any steering axle, dolly, auxiliary axle, or other integral part of another
vehicle which in and of itself is incapable of commercially transporting any person
or property but is used primarily to support another vehicle.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
12/10/2021
and for which the charge is 47.09
Subscribed to be ore me, a Notary Publi i and for
Dubuque County, Iowa,
this loth day of December, 2021
q0M-zk-- k 040��
Notary Pub i in and for Dubuque Co nty, Iowa.
.` " > • JANET K. PAPE
.- CoMmiulon Number 198859
E,. My Comm. Exp. DEC 11, 2022
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 44 - 21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION
9-1-321.1 DEFINITIONS
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:
BICYCLE: means either of the following:
A. "A device having two (2) or three (3) 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 low -speed electric bicycle.
LOW -SPEED ELECTRIC BICYCLE: A device having a saddle or
seat for the use of a rider, two (2) or three (3) wheels
equipped with fully operable pedals, and an electric motor of
less than seven hundred fifty (750) watts that meets the
requirements of one of the following classes:
A."Class 1 low -speed electric bicycle": means a low -speed
electric bicycle equipped with a motor that may be used to
provide assistance only when the rider is pedaling and that
ceases to provide assistance when the bicycle reaches a speed
of twenty (20) miles per hour or more.
B."Class 2 low -speed electric bicycle": means a low -speed
electric bicycle equipped with a motor that may be used
exclusively to propel the bicycle and that is not capable of
providing assistance when the bicycle reaches a speed of
twenty (20) miles per hour or more.
C.""Class 3 low -speed electric bicycle": means a low -speed
electric bicycle equipped with a motor that may be used to
provide assistance only when the rider is pedaling and that
ceases to provide assistance when the bicycle reaches a speed
of twenty-eight (28) miles per hour or more.
MOTORCYCLE: Every motor vehicle having a saddle or seat for
the use of the rider and designed to travel on not more than
three (3) wheels in contact with the ground including a motor
scooter but excluding a tractor an autocycle, a low -speed
electric bicycle, and a motorized bicycle.
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having
a saddle or seat for the use of a rider, 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-nine
(39) miles per hour on level ground unassisted by human power,
but excluding a low -speed electric bicycle.
VEHICLE: Every device in, upon, or by which any person or
property is or may be transported or drawn upon a highway.
"Vehicle" does not include:
A. "Any device moved by human power, including a low -speed
electric bicycle.
B. "Any device used exclusively upon stationary rails or
tracks.
C. " Any integral part of a truck -tractor or road
tractor which is mounted on the frame of the truck -tractor or
road tractor immediately behind the cab and which may be used
to transport persons and property but which cannot be drawn
upon the highway by the truck -tractor or another motor
vehicle.
D. "Any steering axle, dolly, auxiliary axle, or other
integral part of another vehicle which in and of itself is
incapable of commercially transporting any person or property
but is used primarily to support another vehicle.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 6th day of December,
2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 10th day of December, 2021.
/s/Adrienne N. Breitfelder, City Clerk
It 12/10