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Code of Ordinances_Motor Truck Route ViolationsTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Truck Route Ordinance Change DATE: March 25, 2013 Dubuque kital All- America City II 111! 2012 Assistant Chief of Police Terry Tobin recommends City Council approval of a change to City of Dubuque ordinance 9 -16- 321.901 which deals with Motor Truck Route violations within the City of Dubuque. The major effect of the ordinance change will be to make the ordinance a scheduled fine violation allowing violators to settle citations by paying a scheduled fine and the associated costs rather than requiring a court appearance, as the ordinance currently requires. The change also will incorporate City of Dubuque ordinance 9 -16- 321.902, which deals with truck route violations on certain specific streets in the Ice Harbor and Main Street areas, into 9 -16- 321.901. This will allow the City to have all current ordinances dealing with truck route violations covered under one ordinance with a scheduled fine amount. Violations of the Truck Route Ordinance will be a $50.00 scheduled fine. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Terry Tobin, Assistant Chief of Police X Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Terry Tobin, Assistant Chief of Police DATE: March 25, 2013 SUBJECT: Truck Route Ordinance Change INTRODUCTION The purpose of this memo is to recommend a change to City of Dubuque ordinance 9 -16- 321.901 which deals with Motor Truck Route violations within the City of Dubuque. The major effect of the ordinance change will be to make the ordinance a scheduled fine violation allowing violators to settle citations by paying a scheduled fine and the associated costs rather than requiring a court appearance, as the ordinance currently requires. The change also will incorporate City of Dubuque ordinance 9 -16- 321.902, which deals with truck route violations on certain specific streets in the Ice Harbor and Main Street areas, into 9 -16- 321.901. This will allow the City to have all current ordinances dealing with truck route violations covered under one ordinance with a scheduled fine amount. BACKGROUND Truck route violations within the City of Dubuque are covered under City Ordinances 9 -16- 321201 and 9 -16- 321.902, hereafter referred to as 901 and 902.901 covers truck route violations for the vast majority of streets within city limits. 902 covers violations occurring on specific streets, namely Ice Harbor Drive from 1st Street to the 3rd Street overpass and Main Street from 5th to 9th Street. 902 is written with a scheduled violation /fine amount of $50.00. 901 is written as a non - scheduled /no specific fine amount violation, requiring a subject cited under this section to make a court appearance at a later date. One of the problems this situation creates is that a truck driver from out of the area, say for example Ohio, cited for a truck route violation under 901 would not be able to settle the citation simply by paying the fine and related costs and mailing those items to the Iowa District Court. The driver would be required to return to Dubuque at a later date to appear in court on the charge. Many times this requirement is impossible for an out of town truck driver to meet because of their work schedule, or it is too great a hardship to return to Dubuque for the court appearance and the citation is ignored. DISCUSSION In reviewing the ordinances referred to above with the City Attorney's Office and the associated issues related to 901 being a non - scheduled violation, it was decided that the best course of action would be to change 901 to a scheduled violation with a $50.00 fine, the same fine amount as violations of 902 carry. Further, it was determined that 902 could be incorporated into the revised 901, thus allowing all truck route violations within the City to be covered under one ordinance with a uniform scheduled fine amount. Assistant City Attorney Crenna Brumwell has prepared a revised version of City of Dubuque ordinance 9 -16- 321.901 that accomplishes the above objectives. The revised ordinance, along with the effect of the amendment is included for your review. RECOMMENDATION It would be my recommendation that City of Dubuque ordinance 9 -16- 302.901 be amended as proposed, making violations of the ordinance a $50.00 scheduled fine, and incorporating current ordinance 9 -16- 321.902 into the revised 9 -16- 321201. ACTION TO BE TAKEN Action requested is for City Manager review, approval and recommendation to the City Council to approve the amendments as proposed to City of Dubuque ordinance 9 -16- 321.901. Prepared by: Terry Tobin CC: Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Mark Dalsing, Chief of Police Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 19 -13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 16 MISCELLANEOUS CITY PROVISIONS, DIVISION 2 TRUCKS AND /OR MACHINERY, SECTIONS 9 -16- 321.901 MOTOR TRUCK ROUTES AND 9 -16- 321.902 MOTOR TRUCK ROUTES PROHIBITED ON DESIGNATED STREETS BY COMBINING BOTH SECTIONS TO CORRECT A DISCREPANCY REGARDING THE APPLICABLE FINE AND CLARIFY THAT ALL TRUCK ROUTE VIOLATIONS ARE SCHEDULED VIOLATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -16- 321.901 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -16- 321.901: MOTOR TRUCK ROUTES: A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons) must travel over marked highways when operating in the city and may not depart from such marked highways, except that any motor truck whose destination is in the city may depart from such highway at that point on the highway nearest to its destination and then proceed directly to such destination. B. Motor trucks whose trips originate within the city must travel by the most direct route to that point on a marked highway nearest to such point of origin. C. Motor trucks entering the city on an unmarked highway must proceed to the nearest marked highway by the most direct route and then proceed to their destination, except when the destination lies between the point of entry into the city and the marked highway. D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons must not travel over the following streets: Ice Harbor Drive, from 1St Street to the 3rd Street Overpass. Main Street, from 5th Street to 9th Street. E. The city manager is authorized to designate and establish by appropriate signs alternate motor truck routes and to post signs limiting motor trucks registered with a gross weight limit exceeding ten thousand (10,000) pounds (five (5) tons) from operating on nonhighway streets and the streets designated in subsection D of this section. F. The provisions of this section governing the travel of motor trucks on residential streets do not apply to public or private carriers of passengers on tour, fixed demand response, or dial -a -ride routes or school or church buses. G. The scheduled fine for a violation of this section is fifty dollars ($50.00). Section 2. Section 9 -16- 321.902 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -16- 321.902: MOTOR TRUCK ROUTES PROHIBITED ON DESIGNATED, STREETS: RESERVED: Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 1st day of April, 2013. Attest: G Kevin . Firnstahl, ity C erk OFFICIAL PUBLICATION , ORDINANCE NO. 19-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 I' MOTOR VEHICLES AND TRAFFIC, CHAP- 1 TER 16 MISCELLANE- OUS CITY PROVI- SIONS, DIVISION 2 TRUCKS AND /OR MA- CHINERY, SECTIONS 9-16-321.901 MOTOR TRUCK ROUTES AND 9- 16-321.902 MOTOR TRUCK ROUTES PRO- HIBITED ON DESIG- NATED STREETS BY COMBINING BOTH SECTIONS TO COR- RECT An OISCRE 11 PENCY {REGARDING THE APPLICABLE 1 FINE AND CLARIFY THAT ALL TRUCK ROUTE VIOLATIONS ARE SCHEDULED WO- LATIONS'., NOW, THEREFORE, B E IT 'ORDAINED; BY THE' ; CITY. COUNCIL OF THE CITY OF DU -.'I B UQUE,'IOWA: Section 1.. Section 9- 16- 321.901 of the City I of Dubuque Code of Or- dinances is amended to read as follows 1 9 -16- 321.901: MOTOR TRUCK ROUTES: A. Motor trucks regis- tered for a gross, weight limit exceeding, ten thousand (10,000) pounds (five (5) tons) must travel over marked highways when operating in the city and may not de- part from such . marked highways, except that any motor truck whose destination is in the' city may depart from such highway at that I point on the highway nearest to its destina- tion and theh proceed I' directly to such desti- nation. B. Motor trucks whose trips originate within the city must travel by the most direct route to that point on a marked highway near- 1 est to such point of ori- gin. C. Motor trucks enter- ing the city on an un -I marked highway must proceed to the nearest I marked highway by the most direct route and then proceed td their destination, except when the destination lies between the point of entry into the city and the marked high- way. . o or ruc reg - tered for . a'. gross weight limit exceeding 'ten thousand (10,000) pounds (five (5) tons must not' travel over the following streets: Ice Harbor Drive, from 1st Street to the 3rd Street Overpass., Main Street, from 5th Street to 9th Street. E. The city manager is authorized to desig- nate and establish by appropriate signs al- ternate motor truck routes and to post signs limiting motor I trucks •registered with a gross weight limit ex- ceeding,"ten thousand (10,000) pounds (five (5) tons) from operat- ing on nonhighway streets and the streets designated in subsec- tion D of this section. I F. The provisions of this section governing the travel" of motor trucks on residential I streets do not apply to 1 public or private carri- ers of passengers on tour, fixed demand re- sponse, or dial -a -ride routes or school or church buses. G. The scheduled fine fora violation of this section is fifty dollars ($50.00). Section 2. Section 9 -. 16- 321.902 of the City of Dubuque Code of Or- dinances 's amended to read as follows: 9 -16- 321.902: MOTOR TRUCK ROUTES. PRO - HIBITED ON DESIGNAT- ED STREETS: RE- SERVED: • Section 3. -This, Ordi- hance . takes effect upon publication. Passed, approved; and adopted the 1st day of April, 2013. /s /Roy D. Buol, Mayor i Attest: /s /Kevin S. Firnstahl, City Clerk Published Officially in the Telegraph Herald newspaper; on the 5th day of April, 2013. /s /Kevin S. Firnstahl, CMC, City Clerk It 4/5 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: April 5, 2013, and for which the charge is $32.01. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this `Del day of , 20 /3 . Notary Public in and for Dubuque County, Iowa. MILTS MARY K. i C- ��nmisf� .� E,vp F 1 .2 4 : EFFECT OF AMENDMENT 9- 16- 321.901. MOTOR TRUCK ROUTES. A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (five (51 tons) mustsgall travel over marked highways when operating in the city and mave all not depart from such marked highways, except that any motor truck whose destination is in the city may depart from such highway at that point on the highway nearest to its destination and then proceed directly to such destination. 1 B. Motor trucks whose trips originate within the city musteball travel by the most direct route to that point on a marked highway nearest to such point of origin. C. Motor trucks entering the city on an unmarked highway musts -hall proceed to the nearest marked highway by the most direct route and then proceed to their destination, except when the destination lies between the point of entry into the city and the marked highway. D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) Pounds (five (5) tons must not travel over the following streets: Ice Harbor Drive, from 1st Street to the 3.rd Street Overpass. Main Street, from 5.t" Street to 9t" Street. IDE. The city manager is authorized to designate and establish by appropriate signs alternate motor truck routes and to post signs limiting motor trucks registered with a gross weight limit exceeding ten thousand (10,000) pounds (five (51 tons) from operating on nonhighway streets and the streets designated in subsection D of this section. €F. The provisions of this section governing the travel of motor trucks on residential streets doshall not apply to public or private carriers of passengers on tour, fixed demand response, or dial -a -ride routes or school or church buses. G. The scheduled fine for a violation of this section is fifty dollars ($50.00). A. Motor trucks registered for a gross weight limit cxcccding ten thousand (10,000) pounds (5 tons) shall not travel over the following streets: Ice Harbor Drive, from 1st Street to the 3rd Street Overpass. Main Street, fr m 5th Street to Qth Street. Formatted: Superscript ` `t Formatted: Indent: Left: 0.5" Formatted: Superscript IFormatted: Indent: Left: 0.5" IFormatted: Superscript 1 Formatted: Superscript weight limit exceeding ten thousand (10,000) pounds (5 tons) from operating on the streets designated in subsection A of this section. C. The scheduled fine for a violation of this section shall be fifty d Ilare ($50.00). I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. (Motion B) Vote — Then I move final consideration and passage of the Ordinance. (Motion A) If Motion B does not pass: I move to receive and file the communications and I move first (second or third) consideration of the Ordinance. (Motion A)