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Skateboarding_Bikes in Parks Ordinance AmendmentTHE CTTY OF DUB E Masterpiece on the Mississippi MEMORANDUM October 3, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque Code of Ordinances §32-321.275A Assistant City Attorney Crenna Brumwell is recommending an amendment to the City Code for skateboarding in parks to clarify that it is a $25 fine and not a simple misdemeanor. I concur with the recommendation and respectfully request Mayor and City Council approval. w Gti~ ,' 'G Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF J,. DUB E MEMORANDUM .Masterpiece on the Mississippi ~ (~ , ~~ti CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen, City Manager DATE: September 27, 2007 RE: City of Dubuque Code of Ordinances §32-321.275A Attached for your review is an amendment which makes skateboarding in the parks subject to a scheduled fine of twenty-five dollars ($25.00). The Clerk of Court has indicated that if the City does not place a scheduled dollar amount on this violation it must charge individuals with a simple misdemeanor. It is my understanding that this provision was meant to be a scheduled traffic violation as opposed to a simple misdemeanor, but I recommend this item be placed on an upcoming Council Agenda for consideration. Thank you. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Preparers Crenna M. Brumwell Address: Suite 330 300 Main Street Dubuaue, IA 52001 Telephone: (563) 589-4381 ORDINANCE NO. 55 -07 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-321.275A USE OF BICYCLES, MOTORCYCLES, ETC. IN PARKS BY ADDING A NEW SUBPARAGRAPH (f) PROVIDING FOR A SCHEDULED FINE FOR A VIOLATION OF THIS SECTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 32-321.275A Use of Bicycles, Motorcycles, Etc. In Parks is hereby amended to read as follows: Sec. 32-321.275A Use of Bicycles, Motorcycles, Etc. In Parks: (f) 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 15th day of October , 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk EFFECT OF AMENDMENT Sec. 32-321.275A. Use Of Bicycles, Motorcycles, Etc. In Parks: (a) The use of bicycles, skateboards, and other nonmotorized conveyances, and motorcycles, motor scooters, go carts, cars, trucks and other motor driven vehicles other than those vehicles engaged in authorized park maintenance and security in any park, recreation facility, or trail may be prohibited by the park and recreation advisory commission. (b) It shall be unlawful for the operator of any car, truck, motorcycle or any other type vehicle to stop, stand or park upon any roadway or in any parking areas in any park, recreation facility, or trail in such manner as to obstruct the flow of traffic. (c) It shall be unlawful for any person or persons to play games, catch, throwing of frisbees or other objects, gathering in groups on any roadway or parking areas in any park, recreation facility, or trail as to obstruct the flow of traffic. (d) It shall be unlawful to park any car, truck, motorcycle or other type of vehicle along any roadway or area in any park or recreation facility that is posted prohibiting such parking. (e) It shall be unlawful for any car, truck, motorcycle or any other type of motorized vehicle to drive on and/or park on any grass area, sidewalk or trail in any park, recreation facility, or trail except with the express permission of the leisure services manager's designee. (f) The scheduled fine for a violation of this section shall be twenty-five dollars 25.00 .