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)