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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