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Repeal of Cell Phone OrdinanceMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Repeal of Cell Phone Ordinance DATE: July 21, 2010 Dubuque All- Amdica City 2007 With the adoption of the State legislation on texting and cell phone use, it is necessary to repeal the City ordinance. City Attorney Barry Lindahl recommends the City Council repeal Ordinance No. 11 -10, which prohibits the use of an electronic communications device while operating a motor vehicle. 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 Mi hael C. Van Milligen Masterpiece on the Mississippi BARRY LINDA CITY ATTORNE To: Mayor Roy Buol and Members of the City Council DATE: July 21, 2010 RE: Repeal of Cell Phone Ordinance BAL:tls Attachment cc: ✓ Michael C. Van Milligen, City Manager Mark Dalsing, Chief of Police MEMORANDUM With the adoption of the state legislation on texting and cell phone use, it is necessary to repeal the City ordinance. The state legislation took effect July 1, 2010. Attached is an ordinance repealing Ordinance No. 11 -10, which prohibits the use of an electronic communications device while operating a motor vehicle. recommend the ordinance to you for your consideration and adoption. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org ORDINANCE NO. 45-10 REPEALING ORDINANCE NO. 11 -10 PROHIBITING THE USE OF AN ELECTRONIC COMMUNICATIONS DEVICE WHILE OPERTING A MOTOR VEHICLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Attest: Section 1. Ordinance No. 11 -10 is repealed effective July 1, 2010. Passed, approved and adopted this 2nd day of August , 2010 eanne F. Schneider, City Clerk Roy D. uol, Mayor