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