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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 Formatted: Indent: Left: 0" 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"