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
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AI- America City
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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