Code Amendment_Prohibited Parking, Traveled Portion of RoadwayMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Code of Ordinance Amendment for Section 9 -14- 321.600
DATE: February 15, 2012
Dubuque
bierd
All-America City
1
2007
It was discovered by the Assistant City Attorney that parking on the traveled portion of
the roadway was not listed as one of the prohibited parking violations in the City of
Dubuque Code of Ordinances. It is, however, listed as a violation under the State of
Iowa Code.
Parking System Supervisor Tim Horsfield recommends an amendment to the City of
Dubuque Code of Ordinances to bring the City Code in compliance with the State Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
dbt)144
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Tim Horsfield, Parking System Supervisor
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Tim Horsfield, Parking System Supervisor
DATE: January 23, 2012
SUBJECT: Code Of Ordinance Amendment for Section 9 -14- 321.600
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
This memo will provide information regarding an amendment to the City of Dubuque Code of Ordinances Section 9 -14-
321.600, Prohibited Parking.
DISCUSSION
During the course preparation for a recent court case, it was discovered by the Assistant City Attorney that parking on the
traveled portion of the roadway was not listed as one of the prohibited parking violations in our Code of Ordinances. It is
however listed as a violation under the State of Iowa Code. This amendment brings the City of Dubuque Code in alliance with
the State Code.
RECOMMENDATION
Pending your approval, I would ask for a subsequent recommendation for City Council approval of the ordinance
amendment.
Prepared by:
Tim Horsfield, Parking System Supervisor
cc:
Dave Heiar, Economic Development Director
Crenna Brumwell, Assistant City Attorney
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 17- 12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.600
PROHIBITED IN SPECIFIED PLACES BY ADDING THE TRAVELED PORTION OF
THE ROADWAY AS A PROHIBITED PLACE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.600 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9- 14- 321.600: PROHIBITED IN SPECIFIED PLACES:
No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or traffic control
device, in any of the following places:
A. On a sidewalk.
B. In front of a public or private driveway.
C. Within an intersection.
D. Within five feet (5') on either side of the point on the curb nearest to a fire
hydrant.
E. Within ten feet (10') upon the approach to any flashing beacon, stop sign,
or traffic control signal located at the side of the roadway; with the exception of
parking spaces within the designated parking meter district and when such
spaces are clearly marked on the parking surface.
F. Within fifty feet (50') of the nearest rail of a railroad crossing, except when
parked parallel with such rail and not exhibiting a red light.
G. Within twenty feet (20') of the driveway entrance to any fire station and on
the side of a street opposite the entrance to any fire station within seventy five
feet (75') of said entrance when properly signposted.
H. Alongside or opposite any street excavation or obstruction when such
stopping„ standing, or parking would obstruct traffic.
I. On the roadway side of any vehicle stopped or parked at the edge or curb
of street.
J. Opposite the entrance to a garage or driveway in such a manner or under
such conditions as to leave available less than twenty feet (20') of the width of
the roadway for the free movement of vehicular traffic.
K. Upon any street or in any alley in any part of the city in such a manner or
under such conditions as to leave available less than ten feet (10') of the width of
the roadway of such street or alley for the free movement of vehicular traffic,
except when necessary in obedience to traffic regulations, traffic signs, or signals
of a police officer.
L. At any place where official signs or curb markings prohibit stopping,
standing, or parking.
M. Within ten feet (10') of the crosswalk, whether marked or not, at all
intersections within the city; with the exception of parking spaces within the
designated parking meter district and when such spaces are clearly marked on
the parking surface.
N. In an alley under any fire escape at any time.
O. The traveled portion of the roadway.
Section 2. This Ordinance takes effect on publication.
Passed, approved and adopted the 20thda of February , 2012.
D
Roy D. viol, Mayor
EFFECT OF AMENDMENT
9 -14- 321.600: PROHIBITED IN SPECIFIED PLACES:
No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or traffic control
device, in any of the following places:
A. On a sidewalk.
B. In front of a public or private driveway.
C. Within an intersection.
D. Within five feet (5') on either side of the point on the curb nearest to a fire
hydrant.
E. Within ten feet (10') upon the approach to any flashing beacon, stop sign,
or traffic control signal located at the side of the roadway; with the exception of
parking spaces within the designated parking meter district and when such
spaces are clearly marked on the parking surface.
F. Within fifty feet (50') of the nearest rail of a railroad crossing, except when
parked parallel with such rail and not exhibiting a red light.
G. Within twenty feet (20') of the driveway entrance to any fire station and on
the side of a street opposite the entrance to any fire station within seventy five
feet (75') of said entrance when properly signposted.
H. Alongside or opposite any street excavation or obstruction when such
stopping, standing, or parking would obstruct traffic.
On the roadway side of any vehicle stopped or parked at the edge or curb
of street.
J. Opposite the entrance to a garage or driveway in such a manner or under
such conditions as to leave available less than twenty feet (20') of the width of
the roadway for the free movement of vehicular traffic.
K. Upon any street or in any alley in any part of the city in such a manner or
under such conditions as to leave available less than ten feet (10') of the width of
the roadway of such street or alley for the free movement of vehicular traffic,
except when necessary in obedience to traffic regulations, traffic signs, or signals
of a police officer.
OFFICIAL
PUBLICATION
ORDINANCE NO. 17.12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 9
MOTOR VEHICLES
AND TRAFFIC, CHAP-
TER 14 PARKING,
SECTION 9-14-321.600
PROHIBITED IN
SPECIFIED PLACES BY
ADDING THE
TRAVELED PORTION
OF THE ROADWAY AS
A PROHIBITED PLACE
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-
14- 321.600 of the City
of Dubuque Code of
Ordinances is amended
to read as follows:
9 -14- 321.600: PRO-
HIBITED IN SPECIFIED
PLACES:
No person shall stop,
stand, or park a
vehicle, except when
necessary to avoid
conflict with other
traffic or in compliance
with the directions of a
police officer or traffic
control device, in any
of the following places
A. On a sidewalk.
B. In front of a public
or private driveway.
C. Within an inter-
section.
D. Within five feet (5')
on either side of the
point on the curb
nearest to a fire
hydrant
E. Within ten feet (10')
upon the approach to
any flashing beacon,
stop sign, or traffic
control signal located
at the side of the
roadway; with the
exception of parking 1
spaces within the
designated parking
meter district and
when such spaces are
clearly marked on the
parking surface.
F. Within fifty feet
(50') of the nearest rail
of a railroad crossing,
except when parked
parallel with such rail
and not exhibiting a
red light
G. Within twenty feet
(20') of the driveway
entrance to any fire
station and on the side
of a street opposite the
entrance to. any fire
station within seventy
five feet (75') of said
entrance when
property signposted. ___
H. Alongside or
opposite• any street
excavation or obstruc-
tion when such
stopping, standing, or
parking would obstruct
traffic.
1. On the roadway side
of any vehicle stopped
or parked at the edge
or curb of street
J. Opposite the
entrance to a garage or
driveway in such a
manner or under such
conditions as to leave
available less than
twenty feet (20') of the
width of the roadway
for the free movement
of vehicular traffic.
K. Upon any street or
in any alley in any part
of the city in such a
manner or under such
conditions as .to leave
available less than ten
feet (10') of the width
of the roadway of such
street or alley for the
free movement of
'vehicular traffic,
except when necessary
in obedience to traffic
regulations, traffic
signs, or signals of a
police officer.
L. At any place where
official signs or curb
markings prohibit
stopping, standing, or
parking.
M. Within ten feet
(10') of the crosswalk,
whether marked or
not, at all intersections
within the city; with
the exception of
parking spaces within
the designated parking
meter district and
when such spaces are
clearly marked on the
parking surface.
N. In an alley under
any fire escape at any
time.
0. The traveled
portion of the roadway.
Section 2. This
Ordinance takes effect
on publication.
Passed, approved and
adopted the 20th day
of February, 2012.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
Newspaper on the 24th
day of February, 2012.
/s /Kevin 5. Firnstahl;
City Clerk
It 2/24
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: February 24, 2012, and for which the charge is $32.09.
Z1141
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this c:1277 day o 2/2t« L , 20 Zez_.
Notary Public in and for Dubuque County, Iowa.
^gAAY K. V�EST�"
commisalon Plumber 150185
L. At any place where official signs or curb markings prohibit stopping,
standing, or parking.
M. Within ten feet (10') of the crosswalk, whether marked or not, at all
intersections within the city; with the exception of parking spaces within the
designated parking meter district and when such spaces are clearly marked on
the parking surface.
N. In an alley under any fire escape at any time.
0. The traveled portion of the roadway.