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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. btitt44 kr,„709,,, 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 ",caw. Ext1 Fria 't, 2t''