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Code of Ordinances_Title 9 Amendment Roadways Laned for TrafficMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Ordinance Changes - 9 -7- 321.306 Roadways Laned for Traffic DATE: July 31, 2013 Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 During accident investigations, general traffic enforcement, and later in prosecution of section 9 -7- 321.306, Roadways Laned for Traffic, Dubuque Police Department and Assistant City Attorney Brumwell found that the ordinance language was vague in regard to describing proper use of traffic lanes. This ordinance addresses movement into and out of what are commonly referred to as center of the road "turning lanes." The most common issue with this violation is drivers using the turning lane to bypass other traffic or otherwise using the lanes for other than their intended purposes. The proposed ordinance change more clearly defines approved vehicle operation in the lanes. The proposed ordinance changes do not change the actual regulation or enforcement of Roadways Laned for Traffic, but more clearly defines appropriate use of the lanes. Chief of Police Mark Dalsing recommends City Council approval of changes in City Ordinances 9 -7- 321.306 Roadways Laned for Traffic 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 Mark M. Dalsing, Chief of Police THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi July 18, 2013 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Ordinance Changes — 9- 7- 321.306 Roadways Laned for Traffic INTRODUCTION This memo will detail proposed changes in city ordinances 9 -7- 321.306 Roadways Laned for Traffic BACKGROUND During accident investigations, general traffic enforcement, and later in prosecution of section 9- 7- 321.306, Roadways Laned for Traffic, Dubuque Police Department and Assistant City Attorney Brumwell found that the ordinance language was vague in regard to describing proper use of traffic lanes. This ordinance addresses movement into and out of what are commonly referred to as center of the road "turning lanes." The most common issue with this violation is drivers using the turning lane to bypass other traffic or otherwise using the lanes for other than their intended purposes. The proposed ordinance change more clearly defines approved vehicle operation in the lanes. CONCLUSION & RECOMMENDATION The proposed ordinance changes do not change the actual regulation or enforcement of Roadways Laned for Traffic, but more clearly defines appropriate use of the lanes. ACTION REQUESTED City Manager approval and recommendation to City Council for Approval. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 43-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 6 DRIVING ON RIGHT SIDE OF ROADWAY; OVERTAKING AND PASSING, SECTION 9 -7- 321.306 ROADWAYS LANED FOR TRAFFIC BY REMOVING THE REFERENCE TO THREE LANES OF TRAVEL, ADDING REFERENCES TO THE DESIGNATED PAVEMENT MARKINGS AND /OR OFFICIAL TRAFFIC CONTROL DEVICES AND AMENDING THE PROVISION WHICH ALLOWS FOR DRIVING IN THE CENTER LANE OF TRAVEL IN PREPARATION FOR MAKING A LEFT TURN WHEN NEAREST THE DRIVEWAY OR INTERSECTION WHERE A DRIVER INTENDS TO TURN, AND REMOVING THE SLOW MOVING VEHICLE SECTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9- 7- 321.306 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -7- 321.306: ROADWAYS LANED FOR TRAFFIC: Whenever any roadway has been divided into clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: A. A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety and consistent with any pavement markings and /or official traffic control devices. B. Upon a roadway which is divided, a vehicle shall not be driven in the center lane except when: 1. Overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance and said action is consistent with any pavement markings and /or official traffic control devices; 2. In preparation for making a left turn when nearest the driveway or intersection where the driver intends to turn; or 3. Where such center lane is at the time allocated exclusively to traffic moving in the same direction the vehicle is proceeding and such allocation is designated by pavement markings and /or official traffic control devices. C. Official signs may be erected directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign. D. Vehicles moving in a lane designated for slow moving traffic shall yield the right of way to vehicles moving in the same direction in a lane not so designated when such lanes merge to form a single lane. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 5th day of August, 2013. Roy D. uol, Mayor Attest: Trish L. Gleason, Assistant City Clerk EFFECT OF AMENDMENT 9 -7- 321.306: ROADWAYS LANED FOR TRAFFIC: Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: A. A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety and consistent with any pavement markings and /or official traffic control devices. B. Upon a roadway which is divided into three (3) laneo, a vehicle shall not be driven in the center lane except when: 1. Oavertaking and passing another vehicle traveling in the same— - -( Formatted: Indent: Left: 1° direction whenwhere the roadway is clearly vicible and such center lane is clear of traffic within a safe distance and said action is consistent with any pavement markings and/or official traffic control devices : - 2. 14n preparation for making a left turn when nearest the driveway or— - Formatted: Indent: Left: 1° intersection where the driver intends to turn - or 3. Wwhere such center lane is at the time allocated exclusively to— - Formatted: Indent: Left: 1° traffic moving in the same direction the vehicle is proceeding and such allocation is designated by pavement markings and/or official traffic control devicesic cignposted to give notice of such allocation C. Official signs may be erected directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign. D. Vehicles moving in a lane designated for slow moving traffic shall yield the right of way to vehicles moving in the same direction in a lane not so designated when such lanes merge to form a single lane. E. A portion of a highway provided with a lane for Blow moving vehicles does not become a roadway marked for three (3) lanes of traffic. OFFICIAL PUBLICATION ORDINANCE No. 43-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAP- TER 7 OPERATION, DIVISION 8 DRIVING ON RIGHT SIDE OF ROADWAY;'. OVER- TAKING AND PASS- ING, SECTION 9-7- 321.306 ROADWAYS LANED FOR TRAFFIC BY REMOVING THE REFERENCE TO THREE LANES OF TRAVEL, ADDING, REFERENCES TO THE DESIGNATED PAVE - MENT MARKINGS AND /OR OFFICIAL TRAFFIC CONTROL DEVICES AND AMENDING THE PRO- VISION WHICH AL- LOWS FOR DRIVING IN THE CENTER LANE OF TRAVEL IN PREPA- RATION. FOR MAKING A LEFT TON WHEN NEAREST THE OWE- ', WAY OR INTERSEC- TION WHERE A DRIV- ER INTENDS TO TURN, AND REMOV- ING THE SLOW MOV- ING VEHICLE .SEC- TION NOW, THEREFORE, BE IT ORDAINED' BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- WA: Section 1. Section 9 -7- 321.306 of the City of Dubuque Code of'Ordi- nances is Amended to read as follows: 9.7- 321.306:' ROAD- WAYS LANED FOR TRAFFIC: Whenever any road- way has been divided Into Clearly marked lanes for traffic, the following rules in addi- tion to all others con- sistent herewith shall apply: A. A vehicle shall be driven as nearly as practical entirely with - in a single lane and shall not be moved from such lane until the driver has first as- certained that such movement can be made with safety and conslstent with any pavement markings cont of devices. traffic B. Upon a roadway which is divided, a ve- hicle shall not be driv- en in the center lane except When: 1. Overtaxing and passing another vehi- cie traveling in the same direction when ' such center lane is clear of traffic within a safe distance and said action is consistent with any pavement markings and /or offi- cial traffic control devi- ces; 2. In preparation for making a left turn when nearest the driveway or Intersec- tlon where the driver I ' intends to turh; or 3. Where such center lane is at the•time alio- I Gated exclusively to traffic ,moving in the same direction the ve- hicle is proceeding and such allocation Is des - ignated by pavement markings and /or offs- , clal traffic control devi -1 1 ces. C. Official signs may be erected directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the direc- tions of every such sign. D. Vehicles moving In a lane designated for slow moving traffic shall yield the right of way to vehicles moving in the same direction in a lane not so designat- ed ' when such lanes merge to forma single lane. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 5th day of August, 2013. /s /Roy D.'Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of August, 2013. / s/Trish L. Gleason, Assistant City Clerk It 8/9 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: August 09, 2013, and for which the charge is $31.82. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /f day of , 20 /ff . Notary Public in and for Dubuque County, Iowa. MARY K. WESTEFIMi =YER Commlealon Number i34085