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Code of Ordinances Amendment_Title 9 Motor Vehicles Overtaking/Passing on RightMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Overtaking /Passing on Right Ordinance DATE: December 6, 2013 Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 Assistant City Attorney Crenna Brumwell recommends an Ordinance which amends City of Dubuque Code of Ordinances Section 9 -7- 321.302: Overtaking, Passing on Right to mirror the Iowa Code. 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 Crenna M. Brumwell, Assistant City Attorney THE CITY OF DUBUE MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: December 4, 2013 RE: Overtaking /Passing on Right Ordinance Attached is an ordinance which amends City of Dubuque Code of Ordinances Section 9 -7- 321.302: Overtaking, Passing on Right to mirror Iowa Code. I would ask that the ordinance be reviewed and forwarded to the City Council for consideration and approval. Please let me know if you have any questions. Thank you. Thank you. 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. 56 -13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 7 OPERATION, SECTION 9 -7- 321.302 OVERTAKING, PASSING ON RIGHT TO MIRROR THE STATE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9 -7- 321.302 of the City of Dubuque Code of Ordinances is amended to read as follows: 9 -7- 321.302: OVERTAKING, PASSING ON RIGHT: A. Unless otherwise prohibited by law, the driver of a vehicle on a roadway with unobstructed pavement of sufficient width for two or more lanes of traffic moving in the same direction as the vehicle being passed may overtake and pass upon the right of another vehicle which is making or about to make a left turn when such movement can be made in safety. B. Unless otherwise prohibited by law, the driver of a vehicle may overtake and, allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width of four (4) or more lines of moving traffic when such movement can be made in safety. C. The driver of a vehicle shall not drive off the pavement or upon the shoulder of the roadway or upon the apron or roadway of an intersecting roadway in overtaking or passing on the right or the left. D. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 6. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of De ember, 2013. 6C. Roy D. Buor7Mayor Attest: K -vin S. Firnsta I, City Clerk EFFECT OF AMENDMENT 9- 7- 321.302: OVERTAKING, PASSING ON RIGHT: A. Unless otherwise prohibited by law, tThe driver of a vehicle on a roadway with unobstructed pavement of sufficient width for two or more lanes of traffic moving in the same direction as the vehicle being passed may overtake and pass upon the right of another vehicle which is making or about to make a left turn when such movement can be made in safety. B. Unless otherwise prohibited by law, tThe driver of a vehicle may overtake and, allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width of four (4) or more lianes of moving traffic when such movement can be made in safety. No person shall drive off the pavement or upon the shoulder, curb, or parking of the roadway in overtaking on the right. C. The driver of a vehicle shall not drive off the pavement or upon the shoulder of the roadway or upon the apron or roadway of an intersecting roadway in overtaking or passing on the right or the left. D. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 6. 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) OFFICIAL PUBLICATION ORDINANCE NO.56.13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAP- TER 7 OPERATION, SECTION 9-7- 321302 OVERTAKING, PASS- ING ON RIGHT TO MIRROR THE STATE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Section 9 -7- 321.302 of the City of Dubuque Code of Ordi- nances is amended to read as follows: 9 -7- 321.302: OVER- TAKING, PASSING ON RIGHT: A. Unless otherwise prohibited by law, the driver of a vehicle on a roadway with unob- structed pavement of suffiCient width for two or more lanes of traffic moving in the same di- rection as the vehicle being passed may overtake and pass upon the right of an- other vehicle which is making or about to make a left turn when such movement can be made in safety. B. Unless otherwise prohibited by law, the driver of a vehicle may overtake and, allowing sufficient clearance, I pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement: of sufficient width of four (4) or more lines of moving traffic when such movement can be made in safety. C.Thewe tifave- hicle shall not drive off the pavement or upon the shoulder of the roadway or upon the apron or roadway of an intersecting roadway in overtaking or pass - ing on the right or the left. D. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a sched- uled violation under section 805.8A, subsec- tion 6. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 16th day of December, 2013. /s/Roy D. Buol, Mayor Attest: /s /KevinS. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of December, 2013. /s /Kevin S. Firnstahl, Clerk i 1t 12/20 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: December 20, 2013, and for which the charge is $20.43. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 4,2341d day of —,ce -A- J , 20 /3 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017