Code of Ordinances_Motorcyles and Motorized BicyclesTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Motorcycles and Motorized Bicycles Ordinance
DATE: April 2, 2013
Dubuque
kital
All- America City
II 111!
2012
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
amendment to the Motorcycles and Motorized Bicycles Ordinance that requires that a
person operating a motorcycle or motorized bicycle keep at least one hand on the
handlebars at all times during operation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB E M E M
Mnsterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ. P`
ASSISTANT CITY ATTORNEY 1
To: Michael C. Van Milligen
City Manager
c LL�z_ A N _D U M
DATE: March 28, 2013
RE: Motorcycles and Motorized Bicycles Ordinance
History
The City recently prosecuted a case where the operator of a motorcycle was driving
down the road without either hand on the handlebars of the motorcycle. Video of the
incident showed the driver turning from side to side in what looked like an attempt to
stretch or crack his back. An officer who witnessed this incident issued a failure to
maintain control citation to the operator of the motorcycle as the officer did not feel the
motorcycle was under control without either hand on the handlebars.
At the hearing the officer testified that at most an operator of a motorcycle could exert 1-
2% control of the motorcycle without the use of hands. The citation was dismissed by
the court following the hearing as the magistrate determined that the operator of the
motorcycle was exerting some control over the vehicle, however minimal.
Action
Attached is an ordinance which requires that any person operating a motorcycle or
motorized bicycle keep at least one (1) hand on the handlebars at all times during
operation.
The proposed ordinance amendment remedies the no -hands situation while at the same
time curbs the actions of motorcycle riders who attempt stunt riding within City limits
which involves improper posturing.
would ask that the ordinance be reviewed and forwarded to the City Council for
consideration. Thank you.
Enclosure
cc: Mark Dalsing, Chief of Police
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 22 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 3 OPERATION OF
MOTORCYCLES AND MOTORIZED BICYCLES, SECTION 9 -7- 321.275
MOTORCYCLES AND MOTORIZED BICYCLES BY REQUIRING A PERSON
OPERATING A MOTORCYCLE TO KEEP AT LEAST ONE (1) HAND ON THE
HANDLEBARS AT ALL TIMES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -7- 321.275 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -7- 321.275: MOTORCYCLES AND MOTORIZED BICYCLES:
C. Sitting Position: A person operating a motorcycle or motorized bicycle shall ride
only upon the vehicle's permanent and regular attached seat. A person operating a
motorcycle or motorized bicycle must keep at least one (1) hand on the handlebars at
all times. Every person riding upon the vehicle shall be sitting astride the seat facing
forward with one leg on either side of the vehicle.
Attest:
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 15h day of April, 2013.
Key' . Firnstahl, City erk
(0 Li
Roy D. Bu4Y, Mayor
EFFECT OF AMENDMENT
9- 7- 321.275: MOTORCYCLES AND MOTORIZED BICYCLES:
C. Sitting Position: A person operating a motorcycle or motorized bicycle shall ride
only upon the vehicle's permanent and regular attached seat. A person operating a
motorcycle or motorized bicycle must keep at least one (1) hand on the handlebars at
all times. Every person riding upon the vehicle shall be sitting astride the seat facing
forward with one leg on either side of the vehicle.
OFFICIAL
PUBLICATION
ORDINANCE NO.22 -13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 9
MOTOR VEHICLES
AND TRAFFIC, CHAP-
TER 7 OPERATION,
DIVISION 3 OPERA-
TION OF MOTORCY-
CLES AND MOTOR-
IZED BICYCLES, SEC-
TION 9-7- 321.275 MO -'
TORCYCLES AND
MOTORIZED ' BICY-
CLES BY REQUIRING
A PERSON OPERAT-
ING A MOTORCYCLE
TO KEEP AT LEAST
ONE (1) HAND ON
THE HANDLEBARS AT
ALL TIMES
NOW, THEREFORE, BE
IT ORDAINED BY -THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, IO-
WA:
Section 1. Section 9 -7-
321.275 of the City of
Dubuque Code of Ordi-
nances is amended to
read as follows:
9 -7- 321.275: MOTOR-
CYCLES AND MOTOR-
IZED BICYCLES:
C. Sitting Position: A
person operating a mo-
torcycle or motorized
bicycle shall ride only
upon the vehicle's per-
manent and regularat-
tached seat. A person
operating a motorcycle
or motorized bicycle
must keep at least one
(1) hand on the handle-
bars at all times. Every
person riding upon the
vehicle shall be sitting
astride the seat facing
forward with one leg
on either side of the
vehicle.
Section 2. This Ordi-
nance takes effect
upon publication.
- Passed, approved,I
c and adopted the 15th
day of April, 2013.
/s /Roy D. Buol, Mayor
Attest /s /Kevin S.
Firnstahl, City Clerk ,
Published officially in
I the Telegraph Herald
newspaper on the 19th
day of April, 2013. •
/s /Kevin s. Firnstahl,
City Clerk
1t 4/19
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 19, 2013, and for which the charge is $15.26.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /90 day of , 20 /.3 .
Notary Public in and for Dubuque County, Iowa.
MARY K. INESTERME'; =.7.
Commission Number 254
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