Modification to Ordinance 32 321 276THE CITY pF
DUB ~E
Masterpiece vn the M~ississi~ppi
MEMORANDUM
July 11, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Modification of City Ordinance 32-321.276
Assistant City Attorney Crenna Brumwell is recommending an amendment to Ordinance
32-321.276 to change the reference to "disabilities" from the current reference to
"handicapped." There have been other updates as noted.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
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CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
MEMO
To: Michael C. Van Milligen, City Manager
DATE: May 29, 2007
RE: Modification of City Ordinance 32-321.276
In a recent review of City of Dubuque Ordinance 32-321.276 for the Engineering
Department it was brought to my attention that the terminology used in the ordinance
was not current. The ordinance referred to persons with disabilities as handicapped. I
have modified the ordinance to reflect the appropriate language. In addition, after
consultation with Traffic Engineer Bill Schlickman, the ordinance has been updated in its
entirety. A copy is attached for your review. Please let me know if you need further
information or would like Jenny to schedule a meeting. Thank you.
cc: Bill Schlickman, Traffic Engineer
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 G~CITYOFDUBUQUE.ORG
Preparers Crenna M. Brumwell Address: Suite 330 300 Main Street Dubuque, IA 52001
Telephone: (563) 589-4381
ORDINANCE NO. 39-07
AMENDING SECTION 32-321.276 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES USE OF CERTAIN NONMOTORIZED VEHICLES, CONVEYANCES
AND EQUIPMENT IN MUNICIPAL PARKING GARAGES OR LOTS AND IN CERTAIN
OTHER PLACES IN THE CITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 32-321.276 is
hereby amended to read as follows:
Sec. 32-250. Use of Certain Non-motorized Vehicles, Conveyances And
Equipment in Municipal Parking Garages or Lots And In Certain Other Places In
The City.
(a) No person shall be upon and make use of roller skates, skateboards,
bicycles, or other wheeled recreational vehicles, or conveyances within any
municipal parking garage or municipal parking lot. This provision shall not apply
to use of a wheelchair or other similar conveyance when used for transportation
by any temporarily or permanently handicapped person, or to a wagon being
pulled by a pedestrian at a walking speed.
(b) No person shall use roller skates, skateboards, wagons, or other
wheeled or non-motorized recreational vehicles, with the exception of bicycles,
upon the roadway portion of any right of way, except that a person may use any
of the above-proscribed conveyances in any marked or unmarked crosswalk.Any
person using any of the above-proscribed conveyances in crossing a roadway at
a place other than a marked or unmarked crosswalk shall be subject to the
requirements set forth in section 32-243 of this article.
(c) The City Manager is hereby authorized to designate and post signs
in areas where skateboarding, skating and riding bicycles and scooters is
prohibited. No person shall skateboard, skate or ride a bicycle or a scooter in
any such area.
(d) The provisions of this section shall not apply to the above
proscribed conveyances when used in any parade, exhibition, or gathering of
persons which has been authorized by permit from the city manager.
(e) The scheduled fine for a violation of this section shall be twenty-five
dollars ($25.00).
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 16th day of July , 2007.
Buol, Mayor
Attest:
eanne F. Schneider, City Clerk
F:\USERS\tsteckle\Brumwell\Ordinances\UseNonMotorizedVehiclesParkingGaragesEtcAmendment_052907.doc
EFFECT OF AMENDMENT
Sec. 32-321.276. Use Of Certain Nonmotorized Vehicles, Conveyances And Equipment
In Municipal Parking Garages Or Lots And In Certain Other Places In The City:
(a) No person shall be upon and make use of roller skates, skateboards, bicycles,
wagons or other wheeled or non-motorized recreational vehicles, within
any municipal parking garage or municipal parking lot. This provision shall not apply to
use of a wheelchair or other similar conveyance when used for transportation by an
individual with a y temporar+ly or permanent disability, or to a
wagon being pulled by a pedestrian at a walking speed.
(b) No person shall use roller skates, skateboards, wagons, or other wheeled or
nonmotorized recreational vehicles, with the exception of bicycles, upon the roadway
except that a person may use roller skates, skateboards,
wagons or other wheeled or non-motorized recreational vehicles eue
in any marked or unmarked crosswalk. Any person using roller
skates skateboards wagons or other wheeled or non-motorized recreational
vehicles in crossing a roadway at a place
other than a marked or unmarked crosswalk shall be subject to the requirements set
forth in section 32-321.328 of this article.
(c) The Ceity Manager is hereby authorized to designate and post signs in areas
where skateboarding, skating and riding bicycles and scooters is prohibited. No person
shall skateboard, skate or ride a bicycle or a scooter in any such area.
(d) The provisions of this section shall not apply to roller skates, skateboards,
wagons or other wheeled or non-motorized recreational vehicles
when used in any parade, exhibition, or gathering of persons which has
been authorized by permit from the Csity +~Manager.
(e) The scheduled fine for a violation of this section shall be twenty five dollars
($25.00).