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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. ~~, C' `~ - Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney -'4`~ , ~.J -~ w ~V \~i.. , 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).