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Code of Ordinances Amendment_Road Work Zones TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Code Ordinance Amendment of 9-1-321.1 and 9-16-321.1003 DATE: September 12, 2012 Chief of Police Mark Dalsing recommends City Council approval to amend the City Ordinance to provide a definition of a Road Work Zone and to detail the fine schedule for violations in Road Work Zones, making the City Code consistent with the State Code. I concur with the recommendation and respectfully request Mayor and City Council approval. / AAh kt1&1 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark M. Dalsing, Chief of Police THE CIFY OF Dubuque use DUB E Masterpiece on the Mississippi 1 I I I 1'r 2007 10: Michael C. Van Milligan, City Manager FROM: Mark M Colons Chief of Police DATE: September 11 2012 SUBJECT: City Code Ordinance Amendment of9 -13211 and 3163211003 INTRODUCTION This memo will address amending City Code ord lnances9 1 321 1 and 9 16 321 1003 in regards to Road Work Zones BACKGROUND Areview of the City Code showed differences between City Code and State Code In regard to Road Work Zones DISCUSSION order to establish the language necessary for proper enforcement and to also mirror State Code the Dubuque Police Department and City Attorneys omen met and developed an amendment to the City Cede. The amendment to ordinances 9- 13211 provides fora definition of Road Work Zone to mirror the State Cotle, and the amendment tog 16 321 1003 details the fine schedule for violations In Road Work Zones RECOMMENDATION antl amending the City ordinances 1 321 1 and 3163211003 to include the described wording changes in order to make the ordinances consistent with the State Cotle. ACTION TO BE TAKEN City manager review, approval and recommendation to the City Council to approve the amendments to City Code ordinances 313211 and 3163211003 Prepared by Mark M Caking Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 51 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9 -1- 321.1 DEFINITIONS BY ADDING A DEFINITION FOR ROAD WORK ZONES AND CHAPTER 16 MISCELLANEOUS CITY PROVISIONS, DIVISION 3 ADMINISTRATION BY ADDING A NEW PROVISION RELATING TO ROAD WORK ZONES 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: ROAD WORK ZONE: The portion of a highway which is identified by posted or moving signs at the site of construction, maintenance, survey, or utility work. The zone starts upon meeting the first sign identifying the zone and continues until a posted or moving sign indicates that the work zone has ended. Section 2. Chapter 16 of the City of Dubuque Code of Ordinances is amended by adding hereto the following new section: 9- 16- 321.1003. ROAD WORK ZONE VIOLATIONS: The scheduled fine for any moving traffic violation under Title 9 of the City Code, other than for violating the speed limit, is doubled if the violation occurs within any road work zone as defined in Section 9 -1- 321.1. The scheduled fine for violating the speed limit in a road work zone is as follows: (1) One hundred fifty dollars ($150.00) for speed not more than ten (10) miles per hour over the posted speed limit. (2) Three hundred dollars ($300.00) for speed greater than ten (10) but not more than twenty (20) miles per hour over the posted speed limit. Attest: (3) Five hundred dollars ($500.00) for speed greater than twenty (20) but not more than twenty -five (25) miles per hour over the posted speed limit. (4) One thousand dollars ($1,000.00) for speed greater than twenty -five (25) miles per hour over the posted speed limit. Section 3. This Ordinance takes effect upon publication. Passed, approved and adopted the 17th day of Septemb -r, 2012. . I I I I PA4 " r..di!ir:Lal Pr re. ir I nstahl, City lerk Kevin S. Roy D. Buol, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 51-12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAP- TER 1 GENERAL PROVISIONS, SEC- TION 9-1 -321.1 DEFIN- ITIONS BY ADDING A i DEFINITION FOR ROAD WORK ZONES AND CHAPTER 16 MISCELLANEOUS CITY PROVISIONS, DIVISION 3 ADMIN- ISTRATION BY ADD- ING A NEW PRO - VISION RELATING TO ROAD WORK ZONES. 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: DEFINI- TIONS: 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: ROAD WORK ZONE: The portion of a highway which is identified by posted or moving signs at the site of construction, maintenance, survey; or utility work. The zone starts upon meeting the first sign identifying the lone and continues until a posted or moving sign indicates that the work zone has ended. Section 2. Chapter 16 of the City of Dubuque Code of Ordinances is amended by adding hereto the following new section: 9 -16- 321.1003: ROAD WORK ZONE VIOLA- TIONS: The schedulea fine for any moving traffic violation under Title 9 of the City Code, other than for violating the speed limit, is doubled if the violation occurs within any road work zone as defined in Section 9 -1- 321.1. The scheduled fine for Violating the speed limit in a road work zone is as follows: (1) One hundred fifty dollars ($150.00) for speed not more than ten (10) miles per hour over the posted speed limit (2) Three hundred dollars ($300.00) for speed greater than ten (10) but not more than twenty (20) miles per 1 hour over the posted speed limit. (3) Five hundred dollars. ($500.00) for speed greater than twenty (20) but not more than twenty -five (25) miles per hour over the posted speed limit (4) One thousand dollars ($1,000.00) for speed greater than twenty -five (25) miles per hour over the I posted speed limit. Section 3. This Ordinance takes effect Upon publication. Rassed, ap�ioved and addpted the 17th day of September, 2012. J /s /Roy D. Buol, Mayor L Attest /s /Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of September, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 9/22 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: September 22, 2012, and for which the charge is $26.71. Subscribed to before me, a N this 77 day o ublic in d for Dubuque County, Iowa, ,20 /x- . Notary Public in and for Dubuque County, Iowa. • MARY K, WESTERMEYER Commlaslon Numbar 154885 EFFECT OF AMENDMENT 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: ROAD WORK ZONE: The portion of a highway which is identified by posted or moving signs at the site of construction, maintenance, survey, or utility work. The zone starts upon meeting the first sign identifying the zone and continues until a posted or moving sign indicates that the work zone has ended. 9 -16- 321.1003. ROADWORK ZONE VIOLATIONS: The scheduled fine for any moving traffic violation under Title 9 of the City Code, other than for violating the speed limit, is doubled if the violation occurs within any road work zone as defined in Section 9 -1- 321.1. The scheduled fine for violating the speed limit in a road work zone is as follows: (1) One hundred fifty dollars ($150.00) for speed not more than ten (10) miles per hour over the posted speed limit. (2) Three hundred dollars ($300.00) for speed greater than ten (10) but not more than twenty (20) miles per hour over the posted speed limit. (3) Five hundred dollars ($500.00) for speed greater than twenty (20) but not more than twenty -five (25) miles per hour over the posted speed limit. (4) One thousand dollars ($1,000.00) for speed greater than twenty -five (25) miles per hour over the posted speed limit.