Driver Licensing OrdinanceORDINANCE NO. 33-00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ENACTING A NEW SECTION 32-131 ENTITLED
80PERATORS LICENSED - OPERATION OF COMMERCIAL MOTOR
VEHICLES8 AND A NEW SECTION 32-132 ENTITLED 8LICENSE TO
BE IN POSSESSION.8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The Code of Ordinances of the City of Dubuque,
Iowa, is hereby amended by adopting the following new section.
Section 32-131. ODerators Licensed - ODeration of
Commercial Motor Vehicles.
1.
A person, except those expressly exempted, shall not
operate any motor vehicle upon any street of this city
unless the person has a driver's license issued by the
department valid for the vehicle's operation.
2.
A person operating a commercial motor vehicle shall not
have more than one driver's license. A nonresident may
operate a commercial motor vehicle in Iowa if the
nonresident has been issued a license by another state,
a nonresident commercial driver's license, or a
driver's license issued by a foreign jurisdiction which
the federal highway administration has determined to be
issued in conformity with the federal commercial driver
testing and licensing standards, if the license,
commercial driver's license, or driver's license is
valid for the vehicle operated.
Section 2. The Code of Ordinances of the City of
Dubuque, Iowa, is hereby amended by adopting the following new
section.
Section 32-132.
License To Be In Possession.
1.
Every licensee shall have an operator or instruction
permit in immediate possession at all times when
operating a motor vehicle and shall display the same
upon demand of a judicial magistrate or district
associate judge, a peace officer, or a field deputy or
examiner of the department. However, no person charged
with violating this provision shall be convicted if
such person produces in court, within a reasonable
time, an operator or instruction permit theretofore
issued to such person, and valid at the time of such
person's arrest.
.
.
.
Section 32-131. ODeratorL~ 9r Ghauffeur's Licensed
Required. - ODeration of Commercial Motor Vehicles.
1......
A person, except those hereafEer such as may be
expressly exempted, shall not ~ operate any motor
vehicle upon & ~ street of this city unless ~ the
person has a driver's license issued by the department.
Ne perseR shall eperaEe a meEer .ehiele as a eha~ffe~r
unless Buck perseR helds a ~alid ehauffe~r's lieeRse
valid for the vehicle's operation.
~
A person operatinq a commercial motor vehicle shall not
have more than one driver's license. A nonresident mav
operate a commercial motor vehicle in Iowa if the
nonresident has been issued a license bv another state,
a nonresident commercial driver's license, or a
driver's license issued by a foreiqn iurisdiction which
the federal hiqhwav administration has determined to be
issued in conformitv with the federal commercial driver
testinq and licensinq standards. if the license.
commercial driver's license. or driver's license is
valid for the vehicle operated.
Section 2. The Code of Ordinances of the City of
Dubuque, Iowa, is hereby amended by adopting the following new
section.
Section 32-132. License To Be In Ðri.er's Possession,
Displa} ed Uþen Relfaest;.
1.
Every licensee shall have an Ehe lieeRsee's operatorLe
er ehauffe~r's er meEerised bicycle lieeRse or
instruction permit in immediate possession at all times
when operating a motor vehicle and shall display the
same upon demand of a judicial magistrate or district
associate judge, a peace officer, or a field deputy or
examiner of the department. However, no person charged
with violating this provision shall be convicted if
such person produces in court, within a reasonable
time, an operatorLe or eha~ffe~r's er met;erised bie)ele
lieeRse instruction permit theretofore issued to such
person, and valid at the time of such person's arrest.
2.
A person shall not operate a motor vehicle upon a citv
street with an expired driver's license.
.
..
.
- 2 -
2.
A person shall not operate a motor vehicle upon a city
street with an expired driver's license.
Section 3.
publication.
This Ordinance shall take effect upon
Passed, approved and adopted this
April, 2000.
3rd
day of
~~9ØO~
/ Terrance M. D~' Mayor
Attest;.:
,.-' ./ ,
. ,/,:æ~i'4/.//:/:'<£'/// tL' .
.Jeanne F. Schneider, City Clerk
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 30, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Ordinance Relating to Driver Licensing
.
Police Chief John Mauss is recommending an amendment to the City Ordinance
related to driver licensing that conforms with State Code, The ordinance would
distinguish between the two offenses of driving without a license and driving with
an expired license,
I concur with the recommendation and respectfully request Mayor and City Council
approval.
121\ d l ~ j!,--
Michael C, Van Milligen .
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
John Mauss, Police Chief
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80 :S lid O£ ~~H 00
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 17, 2000
TO
Michael C. Van Mi11igen
City Manager
John J. Mauss U
Chief of Police tI
FROM
SUBJECT
Ordinance Relating to Driver Licensing
INTRODUCTION
This memo is to recommend adoption by the City Council of an ordinance which
revises our City Code sections relating to driver's licenses to conform to the
State Code.
BACKGROUND
.
In 1998 the Iowa Code was amended to add a section prohibiting driving with
an expired driver's license, which provided for a lower fine ($20) than the
offense of driving without a license ($100). The Iowa Code also provided that
a person operating a commercial motor vehicle not have more than one driver's
license.
DISCUSSION
We are charging the expired driver's license offense under an ordinance which
prohibits driving without a license. Amending our City Code to conform with
State Law would make it a separate offense, and would be a better basis for
providing for the different fine amounts. The fine amounts are set by the
State Legislature.
Bill Blum, City Solicitor, wrote the attached ordinance at my request to have
our City Code distinguish between the two offenses.
RECOMMENDATION
I recommend adoption by the City Council of the attached ordinance.
.
.
.
e6essew "^""I EllE-Þvl-6'E
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STATE OF IOWA
DUBUQUE COUNTY
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CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN 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 A¡n I 7
, 20 ~ , and for which the charge is $ / f V- a
- .)J ht~»'-'Cl-"Yv'71'
/(ÚJrvY111
preY¡
such _n prp<!uc.. in
court, wüf1¡n a rêOsonable
lime. "" c<>Perator, or inslruc-
tion pemìIt Iheretom issued
to suclJ_,..,p valid at
the titne,',9!, "'I$peo;on's
arreato ' '
2,A;~Óhall""topeialè
a motor,vel1iQe U >OII a city
street with an.>q¡i~ driver's
lroen.., ',' ," '¡
Section 3, Thl$ Or<llnance
shalljØè ~þUbllca-
ti~~.,--v¡¡ and
edoplecHhis&il day Of April,
2000,
Ten-anceM, Duggan, Mayor
Alte":
Jeanne F, _der,
CltyCIerI<',,'
PublishOd '_ally in the
re:egtaph '~" newspaper
this 7th day of , ',2000.
, Jean F, Schneider.
City Clerk
~
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this~dayof 'fT;£? 20~.
~'~"IMARY K, WESTERMEYER
~~, MY COMMISSION EXPIRES
'°'.-,. FEBRUARY 1,2002
11417