Code of Ordinances Amendment_Operating without RegistrationMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances Amendment of 9 -4- 321.98:
Operation Without Registration
DATE: December 17, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
A review of the City Code showed differences between City Code and State Code in
regard to Operation without Registration. In order to establish the language necessary
for proper enforcement and to mirror State Code, Chief of Police Mark Dalsing
recommends an amendment to City of Dubuque Code of Ordinances section
9 -4- 321.98: Operation without Registration, to make it consistent with the State 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
Mark M. Dalsing, Chief of Police
THE CITY OF
DUB TE MEMORANDUM
Masterpiece on the Mississippi
December 17, 2013
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: City of Dubuque Code of Ordinances Amendment of 9- 4- 321.98: Operation
without Registration
INTRODUCTION
This memo will address amending City of Dubuque Code of Ordinances section
9- 4- 321.98: Operation without Registration
BACKGROUND
A review of the City Code showed differences between City Code and State Code in
regard to Operation without Registration. In order to establish the language necessary
for proper enforcement, and to also mirror State Code, the Dubuque Police Department
and City Attorney's Office developed an amendment to the City Code. The amendment
to ordinances 9 -4- 321.98 provides wording changes to mirror the State Code.
RECOMMENDATION
I recommend amending the City of Dubuque Code of Ordinances of section 9- 4- 321.98:
Operation without Registration to include the described wording changes in order to
make the ordinance consistent with the State Code.
ACTION REQUESTED
City Manager review, approval and recommendation to the City Council to approve the
amendment to City of Dubuque Code of Ordinances of 9- 4- 321.98: Operation without
Registration.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 3 -14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 4 DRIVERS' LICENSES, DIVISION 1
GENERALLY, SECTION 9 -4- 321.98 OPERATION WITHOUT REGISTRATION TO
MIRROR THE STATE CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9 -4- 321.98 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -4- 321.98: OPERATION WITHOUT REGISTRATION:
1. Except as otherwise expressly permitted in this chapter, a person shall not
operate and an owner shall not knowingly permit to be operated upon any highway any
vehicle required to be registered and titled under this chapter unless:
a. A valid registration card and registration plate or plates issued for the
vehicle for the current registration year are attached to and displayed on the
vehicle when and as required by this chapter; and
b. A certificate of title has been issued for the vehicle.
2. Any violation of this section is a simple misdemeanor punishable as a scheduled
violation under Iowa Code section 805.8A, subsection 2.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of January, 2014.
Roy D. B / Mayor
Attest:
EFFECT OF AMENDMENT
9 -4- 321.98: OPERATION WITHOUT REGISTRATION:
1. Except as otherwise expressly permitted in this chapter, aA person shall not
operate; and an owner shall not knowingly permit to be operated; upon any highway any
vehicle required to be registered and titled thereunder this chapter unlesc thcrc shall be
a. aA valid registration card and registration plate or plates issued therefor
for the vehicle for the current registration year are attached to and displayed on
the vehicle when and as required by this chapter; and
b. unless aA certificate of title has been issued for thecuch vehicle.
except as otherwise expressly permitted in this title.2. Any violation of this section is a
simple misdemeanor punishable as a scheduled violation under Iowa Code section
805.8A, subsection 2.
OFFICIAL
PUBLICATION
ORDINANCE NO. 3-14
AMENDING CITY OF
DUBUQUE CODE OF I
ORDINANCES TITLE 9
MOTOR VEHICLES
AND TRAFFIC, CHAP-
TER 4 DRIVERS' LI-
CENSES, DIVISION 1
GENERALLY, SECTION •
9 -4- 321.98 OPERA-
TION WITHOUT REG-
1$TRATION TO MIR-
ROR THE STATE
CODE
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Section 9 -4-
321.98 of the City of
Dubuque ,Code of Ordi-
nances is amended to
read as follows:
9 -4- 321.98: OPERA-
TION WITHOUT REGIS - 1,
TRATION:
1. Except as otherwise
expressly permitted in
this chapter, a person
shall not operate and.
an owner shall not
knowingly permit to be
operated upon any
highway any vehicle i.
required to be regisL
tered and titled under
this chapter unless:
a. A valid registration
card and registration
plate or plates issued
for the vehicle for the
current registration
year are attached to
and displayed on the
vehicle when and as
required by this chap -,
ter, and
b. A certificate of title
has been issued for the
vehicle.
2. Any violation of this
section is a simple, mis-
demeanor punishable
as a schequled viola-
tion , under Iowa Code
section 805.8A, subsec-
tion 2.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved, .
and adopted the 6th
day of January, 2014:
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially In
the Telegraph Herald
newspaper on the 10th
day of January, 2014.
/s /Kevin S. Firnstahl,
City Clerk
It 1/10
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: January 10, 2014, and for which the charge is $21.74.
„2.t.,ef.„.frs,
Subscribed to before m Notary Public in and for Dubuque County, Iowa,
this /Dtj day of , 20 /lf- .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017