Ordinance Changes_Through Streets, Stop/Yield IntersectionsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ordinance Changes - Through Streets, Stop/Yield Intersections
DATE: December 15, 2010
Dubuque
kittri
AlaAmaicaCity
2007
Dubuque Police Department personnel recently noted language issues with City
Ordinances, which could result in different levels of fines for practically the same
violations, depending which ordinance was noted. This prompted discussion between
the Police Department, Legal Department and Engineering Department to meet and
review the all of the ordinances within the section and make corrective
recommendations. Based on the meeting and ongoing discussions, language changes
were proposed to eliminate discrepancies as well as to streamline the ordinances.
Assistant City Attorney Crenna Brumwell prepared an ordinance change order which
shows the proposed changes in ordinance language.
The proposed ordinance changes do not change the actual regulation or enforcement of
Through Streets or Stop/Yield Intersections, but just clarifies the definitions and
eliminates conflicting information. The language changes also eliminate the naming of
specific streets and intersections. As the City grows and changes, the list of specific
streets and intersections also changes. The removal of specific streets and
intersections from the ordinances will prevent the need to change the ordinance each
time a street or intersection is added or removed. The Engineering Department will
maintain an internal list of streets designated as Through Streets and any future
additions or changes would be sent to City Council by resolution.
Chief of Police Mark Da!sing recommends City Council approval of the proposed
changes in the City Ordinances involving Stop Intersections, Yield Intersections and
Through Streets.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Mic ael C. Van Milligen
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mark M. Dalsing, Chief of Police
Masterpiece on the Mississippi
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing l�
Chief of Police
RE: Ordinance Changes — Through Streets, Stop/Yield Intersections
INTRODUCTION
This memo will detail proposed changes in City Ordinances involving Stop Intersections,
Yield Intersections, and Through Streets.
BACKGROUND
As a synopsis, the proposed changes are as follows:
MEMORANDUM
December 13, 2010
Dubuque Police Department personnel recently noted language issues with City
Ordinances, which could result in different levels of fines for practically the same
violations, depending which ordinance was noted. This prompted discussion between
the Police Department, Legal Department and Engineering Department to meet and
review the all of the ordinances within the section and make corrective
recommendations. Based on the meeting and ongoing discussions, language changes
were proposed to eliminate discrepancies as well as to streamline the ordinances.
Assistant City Attorney Crenna Brumwell has prepared the attached ordinance change
order which shows the changes in ordinance language.
9 -1- 321.1: DEFINITIONS: THROUGH (OR THRU) STREET — The proposed wording on
this section is modified to more closely resemble the language in the State of Iowa
code, which is the model document for the City traffic ordinances.
9 -7- 321.321: ENTERING THROUGH STREETS — Previously, each Through Street was
listed in the ordinance. Under the proposed ordinance change, individually named
streets are removed, thus preventing the need to update the ordinance each time a
street or intersection is added or removed, and also to prevent enforcement issues if
streets are not listed.
The City of Dubuque Engineering Department will maintain an internal list of streets
designated as Through Streets and any future additions or changes would be sent to
Council by resolution.
9 -7- 321.322: STOP AND YIELD INTERSECTIONS — Much like the above Through
Street section, each Stop or Yield intersection was specifically named in the ordinance.
The proposed change eliminates the named intersections, thus eliminating the need to
update the ordinance each time a stop or yield sign is added or removed, and also to
prevent enforcement issues if streets /intersections are not listed. The language was
also adjusted to further direct yielding to vehicles already in the intersection, something
that was vague in the original language.
9- 7- 321.322A: STOP SIGNS TO BE ERECTED AT ENTRANCES TO THROUGH
STREETS AND STOP INTERSECTIONS; STOP REQUIRED — This section will be
removed as it was deemed redundant and somewhat contradictory to other ordinance
provisions.
The fines related to violation of these ordinances remains unchanged at $100 per
violation.
CONCLUSION & RECOMMENDATION
The proposed ordinance changes do not change the actual regulation or enforcement of
Through Streets or Stop/Yield Intersections, but just clarifies the definitions and
eliminates conflicting information. The language changes also eliminate the naming of
specific streets and intersections. As the City grows and changes, the list of specific
streets and intersections also changes. The removal of specific streets and intersections
from the ordinances will prevent the need to change the ordinance each time a street or
intersection is added or removed.
ACTION REQUESTED
Council review and approval and Mayor Buol signature
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 65 -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 THROUGH (OR THRU)
HIGHWAY; AMENDING CHAPTER 7 OPERATION, SECTION 9 -7- 321.321
ENTERING THROUGH STREETS BY REMOVING STREETS DESIGNATED AS
THROUGH STREETS; AMENDING CHAPTER 7 OPERATION, SECTION 9 -7- 321.322
STOP AND YIELD INTERSECTIONS BY REMOVING INTERSECTIONS
DESIGNATED AS STOP AND YIELD INTERSECTIONS; AND AMENDING CHAPTER
7 OPERATION, SECTION 9- 7- 321.322A BY REMOVING SUCH SECTION
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:
THROUGH (OR THRU) STREET: Every street or portion thereof at the entrances to
which vehicular traffic from intersecting streets is required by law to stop before entering
or crossing the same and when stop signs are erected as provided by law or such
entrances are controlled by a peace officer or traffic control signal. The term "arterial"
shall be synonymous with "through" or "thru" when applied to streets of this city.
Section 2. Section 9 -7- 321.321 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -7- 321.321: ENTERING THROUGH STREETS: Except where yield signs or official
traffic control signals are erected, the driver of a vehicle shall stop or yield as required
by this title at the entrance to a through street and shall yield the right of way to other
vehicles which have entered the intersection from such through street or which are
approaching so closely on such through street as to constitute a hazard, but such driver
having so yielded may proceed cautiously and with due care.
Section 3. Section 9 -7- 321.322 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -7- 321.322: STOP AND YIELD INTERSECTIONS:
A. Stop Intersections: The driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop at the first opportunity at either the clearly marked
stop line, before entering the crosswalk, before entering the intersection, or at the point
nearest the intersecting roadway where the driver has a view of approaching traffic on
the intersecting roadway before entering the intersection. Before proceeding, the driver
shall yield the right of way to any vehicle on the intersecting roadway which has entered
the intersection or which is approaching so closely as to constitute an immediate hazard
during the time the driver is moving across or within the intersection.
B. Yield Intersections: The driver of a vehicle approaching a yield sign shall slow to
a speed reasonable for the existing conditions and, if required for safety, shall stop at
the first opportunity at either the clearly marked stop line, before entering the crosswalk,
before entering the intersection, or at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting roadway. After slowing or
stopping, the driver shall yield the right of way to any vehicle on the intersecting
roadway which has entered the intersection or which is approaching so closely as to
constitute an immediate hazard during the time the driver is moving across or within the
intersection.
C. Signs:
1. Stop signs shall be erected at entrances to through streets and at one or
more entrances to stop intersections. Every driver of a vehicle shall stop at such
sign or at a clearly marked stop line before entering an intersection, except when
directed to proceed by a peace officer or traffic control signal.
2. Yield signs shall be erected at the specified entrances to the yield
intersections designated and shall be located as near as practical to the property
line of the highway at the entrance at which the yield must be made, or at the
nearest line of the crosswalk there at, or, if none, at the nearest line of the
roadway.
Attest:
Section 4. This Ordinance shall take effect on publication.
Passed, approved and adopted the 20 day of December, 2010.
eanne F. Schneider, CMC
City Clerk
s 4,.
Roy D. B , Mayor
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:
THROUGH (OR THRU) STREET iIGHWAY: Every streethighway or portion thereof at
the entrances to which vehicular traffic from intersecting streetshighways is required by
law to stop before entering or crossing the same and when stop signs are erected as
provided by law or such entrances are controlled by a peace officer or traffic control
signal. The term "arterial" shall be synonymous with "through" or "thru" when applied to
streetshighways of this city.
9 -7- 321.321: ENTERING THROUGH STREETS:
A-- Except where yield signs or official traffic control signals are erected, the driver of
a vehicle shall stop or yield as required by this title at the entrance to a through street
and shall yield the right of way to other vehicles which have entered the intersection
from such through street or which are approaching so closely on such through street as
to constitute a hazard, but such driver having so yielded may proceed cautiously and
1 with due care_ enter such through street.
T
Algona Street, from-the-south -right of-way line of-University - Avenue -to-the-north
et •- - __ , _ •_ . .- .... _ •
EFFECT OF AMENDMENT
-ight-ef-way
right of way line of University Avenue, and from the north right of way line -of
• _ A _•h
Atlantic Street, from the north right of way line of Lor
Auburn Street, from the north right of
Bluff -- Street from Wcct Locust Street to- the -north right-of -way -line of Dodge
Street.
Bryant Street, from the north -fight of way line of the south
right of way line of Dodge Street.
•- • -
terminus-
Carter Road, from the east right of way line of John F. Kennedy Road to thc
south right of way line of Hillcrect - - _ _ • _ . •• • - . •• of-way- e-of
-of- way line of
'-
Z n3 d- tset
Central Avenue, from its southerly tcrmi
limits.
Chancy Road, from thc north right
Street
- P.
terminus.
of way line of Scippcl Road to its northerly
Clark Drive, from thc west right
-. •
M eral- Street-
-- - -_
•
-- - - _ -- ---
and from the
line of Kane
Grandview Avenue, and from the west right of way Tine
Avenue to the east right
Delhi Street, from the south right of way line of University Avenue to the east
f- way -line
- - - . - • - .. • - - _ _ - Avenue.
Peet- _
Dodge Street, from the west right of way line of Locust Street to its westerly
Elm Street, from the north right of way line of East 11th Street to the south right
of way line of East 21st Street.
Embassy
its-northerly-terminus
•- e Otte- --
Simpson Street, and from the s
Garfield Avenue, from the east right of way line of Elm Street to the south right -of
to the north right of way .
Grand-view-Avenue-to the - south right -of --way tine-of-Delhi-Street, and from- -the
north right of way line of Delhi Street to the -soy line of -University
Avenue, and from the north
right-of-way- line of Clarke Drive, and from the north right of way line of Clarke
West-32nd Street.
Hill Street, from the south right of way
line of Dodge Strcct.
•- _ ! • _ -- _ •- _ • •
iA 946, from its southerly
with U.S. 52/64464-
Iowa Street, from the north right
of way line of West 15th Street.
r-ight-Gf-way-line of East 4th Street to the-south-right-of
way - line -of West 17th Street.
city limits.
right-of—way—line—of--Garter-Road:
32nd Street-
, and from thc west right
tine of Crissy Drive to the east right of way line of John F. Kenncdy Road, and
from the west right of way tine of John F. Kennedy Road to the act right of way
Kuper Boulevard, from East 9th Street to the south right of way line of
Hawthorne Street.
Line: - - -, • • - - - ' - _ he -south
right of way Zinc of Fengtcr Strcct, and from the north right of way line of Fengler
Street
Locust Street, from its junction with IA 9 to the north right of way line of West
17th Street.
Locust - Street-We°t -from -thy north right -ef way line of-West-1-7th--Street to -the
east right of way line of Clarke Drive.
enue.
-to the -nerth
Main Street, from the north right of -way Street to thc north -right
Street to its southerly terminus.
Mineral Street, from its junction with Devon Drive to
Street.
terminus.
of Bryant Strcct to its easterly
e
w° ity l+rriits
Peru Road, from its junction with East 32nd Street to itc northerly terminuc at the
city limits.
terminuc at Burden Avenue.
Radford -Road fT, orn- she- north -right of way l e of Chaven ' Road to the south
city limits.
Rhomberg Avenue, from the eact right df--way-l-ine-of-Elm Street to its northerly
terminus
Rosemont Street, from thc north
south- ight-of- way - Tine- of-Hillcrest Road.
Vie,
Point Park Drive.
ockdale Road to the act--right
-right
+#s- northerly
to the
c of Rhombcrg Avenue to Eagle
- and -from- • - - _ _ - _ - -
Avenue to thc eact right of way line of Asbury Road, and from the woct right of
way--4-Re-of-Asbury Road to its northerly terminus at John F. Kennedy Road.
Van Burcn Street, from the north right of way line of University Avenue to the
White Strcot, from the south right of way line of East
of way line of East 21st Street.
the north right of way line
■
line of Central Avenue.
5th Street, West, from the west
9th Street, from Kerper
John F. Konnedy Road.
9 -7- 321.322: STOP AND YIELD INTERSECTIONS:
A. Stop Intersections:
way line of Bluff Strect to the west right of way
-the act right of
11th Street, Eact, from the east right of way line of Central Avenue to the west
right - -of- way - tines€ - Kerper- Beolevard.
12th Street, West, from the west right of way line of Central Avenue to the east
14th Street, East, from the west right of way line of Elm Strcct to the east right of
way line of Central Avenue.
16th Street, Eact, from Elm Street to its acterly terminus at-the- city - limits.
20th Street, Eact, from the east
right of way line of Elm Street.
22nd Street, Eact, from the act
enue
I Avenue to the west
1-- The driver of a vehicle approaching a stop intersection indicated by a stop sign -
shall stop at the first opportunity at either the clearly marked stop line, before entering
the crosswalk, before entering the intersection, or at the point nearest the intersecting
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Formatted: Indent: Left: 0"
Formatted: Indent Left: 0 ", Hanging: 0.251j
roadway where the driver has a view of approaching traffic on the intersecting roadway
before entering the intersection. Before proceeding, the driver shall yield the right of way
to any vehicle on the intersecting roadway which has entered the intersection or which
is approaching so closely as to constitute an immediate hazard during the time the
driver is moving across or within the intersection.
all- purposes
Northboufld
Adamc Street and 5th Street
E r� . ish- "r itl- Road -anct- scent idge.
Fremont Avenue and Wartburg Place
Grove Terrace and West 12th Street:
Iowa Street and Wec+ , 7t," Stye t:
Kerrigan- Road,-
Key
Mt. Carmel Drive and Valley-Street-extension,
Prince Street and 24th Street.
Saunders Street and Lemon Strcct
ee: - - - ' e — - •--e
rcby declared to be "stop intersections" for-
bound in the direction
e - - =-
Southbound=
Adams Street and Ice ber -Drive
Berkley Street and Oak Crest -Drive
CI ar V
Fr2 Place-
Geraldine -Drive and Valerie - Drive.
and U.S. Highway 61/151.
Avenue.
Street.
Lowell Street Street.
Ne4I view- Dui #ridge-
a- Drive:
11th Street and U.S. 61 on ramp.
White Street.
Alta -Place and Decorah Street.
AI-ta -Place and- Delaware Stree+
Bradley Street and Rider Street.
Cedar Street and West 15th-Street.
Cherry Street and Finley Street.
Elm Street and 21th Street.
9- •
Hillcrest Road and Kcy Way Drive.
-Iowa Street and West-1-5th-Street-
and -Gr +say - Drive.
•
Queen Street and 21th Street.
Valley- Street -and Southern Avenue.
Drive.
■
21st Street, Eact, and Elm Street.
21st Street, East, and Wachingten►- Street-
24th Street €ast;
- • •. _• - -
and White Street.
27th Street. East, and White Street.
White Street.
29th Street, East, and White Street.
30th Strect, East, and Whitc Street.
Eastbound
e.
Crescent Ridge and Cedar Cross -- Read -.
o€- Highway 2 8 - -an
Hawtherne-Str
Ice Harbor Drive and 5th Street.
John F.
Key_Way -Drive -and Westway - Street-.
Louise Streot and-Peru Road.
Simpson Street and Fremont Avon
venue.
Starlight Drive and Cedar -Srocc Road.
3rd Street and Bell Street -
Westdoon
. • - -
Center Grove Drive and Wacker Drive.
Delhi Street and- West -5t #- Street.
, and Delhi Street.
Har
Strcet.
Perry Street and Rider Street.
d l iarricon Street.
Road.
0 and Wacker Drive.
University-Avenue-and John F. Kennedy Road.
11th Street and U.S. 61 on ramp.
Andrew- -Geert and Boyer Street.
Atlantic Strcct and Custer — Street.
Avoca Street and Green Street.
Curtis-Street and-South-Beet —Street.
•
Fenglcr Street and Garfield Avenue.
Fillmore Street and Adair Street.
Forest Lane and Glen Oak Street.
Park Drive.
- -- -- • - - - ' - --- - - - e --
, and Clarke Drive.
e` • -
Jefferson Street and Spruce Street
cet
Joncc Street and Main Street.
■
Lowell - Street and Faye Street.
1 i - e - - - - - -
• eet ! ._ -
Merz Street at Althaucer Street.
-
Patricia Ann Drive and Geraldine Drive.
P ari Street and Finley Street
Ra
St
Drive.
treet.
Vernon - Street and Glen Oak Street:
Washington Street and Eact 16th Street.
Eact 19th Street.
Washington - Street and-Eact 29th-Street.
eee - - •-
5th Street and Bell Street.
Yield Intersections:
1— The driver of a vehicle approaching a yield sign shall slow to a speed reasonable-
for the existing conditions and, if required for safety, shall stop at the first opportunity at
either the clearly marked stop Tine, before entering the crosswalk, before entering the
intersection, or at the point nearest the intersecting roadway where the driver has a view
of approaching traffic on the intersecting roadway. After slowing or stopping, the driver
shall yield the right of way to any vehicle on the intersecting roadway which has entered
the intersection or which is approaching so closely as to constitute an immediate hazard
during the time the driver is moving across or within the intersection.
s designated are hereby declared to be "yield
indicated --
-- •
reet.
eon
• Formatted: Indent: Left: 0"
Formatted: Indent: Left: -0.25"
Formatted: Indent: Hanging: 0.25"
Formatted: Indent: Left: 0"
• Formatted: Indent: Left: 0.5"
• P - .. -• •
eel ..e - e..
Drive.
- 'e.e •- ...e e re.e
Circle.
Wendworth-Strect and Lowell Street.
3rd-Street-.-West. and—lames Street.
Southbound:
Clarke-Drive-and West Locust Street.
Queen-Street and Regent Street.
Eastbound:
(220') south of U.S. Highway 61/151.
G,andview-Avenue North
re-e ,:•• -
St. George Street and Trccsa Street.
5th Street, Eact. and Bell Street.
Westbound
Forest Lane and Booth Street.
St.
• s -
am- ircte- floffh- ntersedien
9th Street, West, and University Avenue.
C. Erect Signs:
1. Stop signs shall be erected at entrances to through streets and at one or-
more entrances to stop intersections. Every driver of a vehicle shall stop at such
sign or at a clearly marked stop line before entering an intersection, except when
directed to proceed by a peace officer or traffic control signal.
2. Yield signs shall be erected at the specified entrances to the yield -
intersections designated and shall be located as near as practical to the property
line of the highway at the entrance at which the yield must be made, or at the
nearest line of the crosswalk thereat, or, if none, at the nearest line of the
roadway.
9 7 321.322A: STOP-SIGNS TO BE
STREETS AND STOP INTERSECTIONS; STOP REQUIRED:
a
ctreetc and at one or more
Formatted: Indent: Left: 1"
Formatted: Indent: Left: 1"
Formatted: Indent: Left: 0.5"
Formatted: Indent: Left: 0.5"