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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