Control of Vehicle Ordinance AmendmentMasterpiece on the Mississippi
TO Michael C Van Milligen, City Manager
FROM Mark M Dalsing, Chief of Police
DATE August 14, 2012
SUBJECT City Code Ordinance Amendment of 9-7-321 288 Control of Vehicle
Dubuque
had
NI- America City
'I 1 1 I'
2007
INTRODUCTION
This memo will address amending City Code ordinance 9 -7 -321 288 Control of Vehicle
BACKGROUND
AJuly 1, 2012 wording change in the State Code has necessitated a similar change to the City ordinance in order to remain
consistent with the State code language
DISCUSSION
With the changes, City Code section 9 -7 -321 288 Control of Vehicle, will be amended so that the word "bridge" will be
deleted from section B3 and the designation "roadwork zone," will replace descriptive terminology in section EB These
changes will make the ordinance consistent with State Code
RECOMMENDATION
I recommend amending the City ordinance 9 -7 -321 288 Control of Vehicle to include the above described wording changes
in order to make the ordinance consistent with the State Code
ACTION TO BE TAKEN
City manager review, approval and recommendation to the City Council to approve the amendment to the 9 -7 -321 288
Control of Vehicle
Prepared by
Mark Dalsing
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 47-12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, SECTION 9 -7- 321.288
CONTROL OF VEHICLE TO MIRROR THE IOWA CODE REVISION WHICH
REMOVES BRIDGE FROM B(3) AND MODIFIES THE PROVISION ON
CONSTRUCTION TO USE ROAD WORK ZONE FOR CONSISTENCY AS A TERM
DEFINED BY THE IOWA CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -7- 321.288 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -7- 321.288: CONTROL OF VEHICLE:
A. A person operating a motor vehicle shall have the same vehicle under control at
all times.
B. A person operating a motor vehicle shall reduce the speed to a reasonable and
proper rate:
1. When approaching and passing a person walking in the traveled portion of
the public street.
2. When approaching and passing an animal which is being led, ridden, or
driven upon a public street.
3. When approaching and traversing a crossing or intersection of public
streets, or a sharp turn, curve, or steep descent in a public street.
4. When approaching and passing a fusee, flares, red reflector electric
lanterns, red reflectors, or red flags, or an emergency vehicle displaying a
revolving or flashing light.
5. When approaching and passing a slow moving vehicle displaying a
reflective device as provided by section 321.383, code of Iowa.
6. When approaching and passing through a road work zone.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 2oth day of August , , 2012.
Attest:
Kevin
stahl, City Cler
Dubuque Code of
revolving or fl_asliing
_
Ordinances is amended
light.
to read as follows:
5. When approaching
9- 7- 321.288: CONTROL
and passing a slow
OF VEHICLE:
moving vehidle display -
A. A;person operating
ing a reflective device
a motor vehicle, shall
as. provided by section
— v
have the same vehicle ;
321,383, co66 of Iowa.
under control at all
6. When approaching
OFFICIAL
times.
and passing through a
PUBLICATION
PUB
ORDINA LICATI.47 -12
B. A person operating
a motor vehicle shall
road work zone.
Section 2. This
AMENDING CITY OF
reduce the speed to a
Ordinance takes effect
F
F
DUBUQUE CODE- OF
reasonable and proper
on publication'.
ORDINANCES TITLE
rate:
Passed, approved,
MOTOR VEHICLES
1 When approaching
and adopted the 20th
AND TRAFFIC, CHAP-
TER 7 OPERATION,
and passing a person
walking in the traveled
day of August, 2012.
/s /Roy D. Buol, Mayor
SECTION 9-7- 321.288
portion of the public
Attest: /s /Kevin
CONTROL OF VEHI-
street.
Firnstahl, CIVIC, City
CLE TO MIRROR THE
,
•
2• When approaching
Clerk
IOWA -CODE
and passing an. animal
Published officially in
REVISION VYHIC
which is being led,
the Telegraph- Herald
REMOVES +BRIDGE
`
ridden, or driven upon
newspaper on the 24th
FROM B(3) AND
THE '
a public street
day of August 2012.
MODIFIES
1 3• When approaching
/s /Kevin.S. Firnstahl,
PROVISION ON
and traversing a
CMC, City Clerk
CONSTRUCTION TO
USE ROAD WORK
'
crossing or inter-
section of public
It 8/24
ZONE FOR CON-
SISTENCY AS A TERM
streets, or a sharp turn,
DEFINED BY THE
curve, or steep descent
in a public street.
IOWA CODE
NOW, THEREFORE,
_
4 When approaching
BE IT ORDAINED BY
and passing a fusee,
flares, red reflector
THE CITY COUNCIL
OF THE CITY OF
electric lanterns, red
DUBUQUE, IOWA:
reflectors, or red flags,
Section Section 9 7-
or an emergency
vehicle displaying a
321.288 of f the City of
_
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: August 24, 2012, and for which the charge is $20.78.
,.!� ',!m -k
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this w day of ��� , 20 /.
Notary Public in and for Dubuque County, Iowa.
l' , • ''
OMMl /110D Numb$ ^1 64 15
EFFECT OF AMENDMENT
9 -7- 321.288: CONTROL OF VEHICLE:
A. A person operating a motor vehicle shall have the same vehicle under control at
all times.
B. A person operating a motor vehicle shall reduce the speed to a reasonable and
proper rate:
1. When approaching and passing a person walking in the traveled portion of
the public street.
2. When approaching and passing an animal which is being led, ridden, or
driven upon a public street.
3. When approaching and traversing a crossing or intersection of public
streets, or a e� sharp turn, curve, or steep descent in a public street.
4. When approaching and passing a fusee, flares, red reflector electric
lanterns, red reflectors, or red flags, or an emergency vehicle displaying a
revolving or flashing light.
5. When approaching and passing a slow moving vehicle displaying a
reflective device as provided by section 321.383, code of Iowa.
6. When approaching and passing through a road work zone.