City Code of Ordinances Amendment - Definition of Motorized Bicycle or Motor BicycleTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Code Ordinance Amendment of 9-1-321.1
DATE: August 26, 2014
Dubuque
band
AI -America City
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2007 • 2012 • 2013
There has recently been a change to the wording in the State Code of Iowa in regard to
the definition of a Motorized Bicycle or Motor Bicycle. 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.
Chief of Police Mark Dalsing recommends City Council approval of an amendment to
City Code Ordinance 9-1-321.1 regarding the definition of Motorized Bicycle or Motor
Bicycle.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ws,
Mic ael 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
August 13, 2014
TO: Michael C. Van Milligen
City Manager
FR: Mark M. Dalsing
Chief of Police
RE: City Code Ordinance Amendment of 9-1-321.1
INTRODUCTION
This memo will address amending City Code ordinances 9-1-321.1 in regards to the
definition of Motorized Bicycle or Motor Bicycle.
BACKGROUND
There has recently been a change to the wording in the State Code of Iowa in regard to
the definition of a Motorized Bicycle or Motor Bicycle. 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 9-1-321.1 provides fora definition of a Motorized Bicycle or
Motor Bicycle, which mirrors State Code.
RECOMMENDATION
I recommend amending the City ordinances 9-1-321.1 to include the described word
change 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
amendments to City Code ordinances 9-1-321.1.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 56-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1-
321.1 BY CHANGING THE DEFINITION OF MOTORIZED BICYCLE OR MOTOR
BICYCLE TO MIRROR STATE CODE IN THE SPEED CAPACITY OF A MOTORIZED
BICYCLE OR MOTOR BICYCLE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-1-321.1: DEFINITIONS:
The following words and phrases, when used in this title shall, for the purpose of this
title, have the meanings respectively ascribed to them in this section:
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle
or a seat for the use of a rider and designed to travel on not more than three (3)
wheels in contact with the ground, and not capable of operating at a speed in
excess of thirty-nine (39) miles per hour on level ground unassisted by human
power.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 2nd day of September, 2014.
Roy D. By4dl, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
EFFECT OF AMENDMENT
9-1-321.1: DEFINITIONS:
The following words and phrases, when used in this title shall, for the purpose of this
title, have the meanings respectively ascribed to them in this section:
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle
or a seat for the use of a rider and designed to travel on not more than three (3)
wheels in contact with the ground, and not capable of operating at a speed in
excess of thirty-nine 3930) miles per hour on level ground unassisted by human
power.
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: September 05, 2014, and for which the charge is $16.57.
Subscribed to before me, a ,v sry Public in ad for Dubuque County, Iowa,
this day of a.`s 4s���/�!/ , 20 /-6 .
ill
Notary Public in and for Dubuque County, Iowa.
ARY K. LYESTERMEYER
Commission Number 154885
y Co ieln %xp. F6s 1, 2017
OFFICIAL
'PUBLICATION
.ORDINANCE NO.56.14
AMENDING CITY' OF
DUBUQUE, CODE OF
ORDINANCES, TITLE 9
MOTOR VEHICLES
AND TRAFFIC,, CHAP-'.
TER I-.GENERAL,PRO
VISIONS, SECTION
9-1-.321,1 BY CHANG
, ING THE DEFINITION
OF MOTORIZED BICY-
CLE OR; MOTOR BICY-
CLE TO MIRROR
STATE CODE IN THE
SPEED (CAPACITY', OF
A MOTORIZED BICY-
CLE 011 MOTOR BICY-..
-CLE
NOW, THEREFORE, BE .o,�
IT ORDAINED BY THE
CITU COU
CITY OF DUBUQNCILOFUE,THE-
10
WA:
Section 1. Section 9-1-
.121.1
L 521.1 o'f the City of Du
$jlreadqueaas Code` of Ordi--
n3nces is amended to
321.1: x:
9.1 321.1: DEFINI-
TIONS:
EFINI TIONS:
The following words..
and phrases, when
used in this title shall,
for the purpose of thls
title, have the mean-
ings respectively
eaningsrespectively ascri-
bed to them in this sec
tion:
MOTORIZED BICVCLE -�
OR MOTOR BICYCLE: A 1
motor vehicle having a
saddle ora seat for the
use of a riderand de-
signed to travel on not
more than three (3)
wheels in contact with
the ground, and not ca-
pable of operating at a
speed in excess of
• thirty-nine (39) miles
per .hour on level
ground unassisted by.
human power.
Section -2. This Ordi
nance i. takes ' effect.
upon publication.
Passed, approved,
and
4. adoptedof theSeptember,
m2nd
a -
20d1
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Publi
Publtshe officially in
the Telegraph Herald-
newspaper on the 5th'.:,
dayay of septemher,'
2014.
y5riL. Gleason,
CMC/T, Assistant sh City
Clerk.;