Code of Ordinances Amendment - Title 9 Use of Crosswalks Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment- Title 9 Use of
Crosswalks
SUMMARY: City Manager recommending approval of an amendment to
the City of Dubuque Code of Ordinance governing crossing
roadways.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 9 Motor Vehicles and Traffic, Chapter 8
Pedestrians' Rights and Duties by repealing Section 9-8-
321 .328 Crossing at Other Than Crosswalk and Section 9-
8-321.330 Use of Crosswalks; and by enacting a new
Section 9-8-321.328 Use of Crosswalks Providing for the
Procedure for Using Crosswalks in the City
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Use of Crosswalks-MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Use of Crosswalks
DATE: July 25, 2016
The current City Code lacks a section requiring use of a marked crosswalk when such a
crosswalk exists within a reasonable distance. A section mandating use of a marked
crosswalk would increase pedestrian and driver safety on all roadways, including the
roundabout at Grandview and Delhi.
Assistant City Attorney Maureen Quann recommends City Council approval of an
amendment to the City of Dubuque Code of Ordinance governing crossing roadways.
Under these proposed new changes, when a pedestrian is within two hundred feet of a
marked crosswalk, the pedestrian must use the crosswalk. When a pedestrian uses a
crosswalk, the pedestrian must use the right side of the crosswalk when possible.
Lastly, in those instances where there is no marked crosswalk within two hundred feet,
pedestrians must yield to traffic when crossing the roadway.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maureen Quann, Assistant City Attorney
THE CITY OF
DUBbE MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ. y MAW"
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: July 19, 2016
RE: Use of Crosswalks
INTRODUCTION
Attached please find a proposed amendment to City of Dubuque Code of Ordinances
Section 9-8-321.328 and the proposition to repeal and reserve for later use City of
Dubuque Code of Ordinances Section 9-8-321.330.
BACKGROUND
Currently, the City of Dubuque Code of Ordinances (Code) governs crossing roadways
as follows:
Section 9-8-321.328, Crossing at Other Than Crosswalk, currently states: "Every
pedestrian crossing a street at any point other than within a marked crosswalk or within
an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon
the roadway." In other words, if pedestrians cross at some point on the roadway other
than a crosswalk, or cross a roadway on which there are not marked crosswalks,
pedestrians must yield to traffic.
For example, South Grandview has one marked crosswalk near the fire station and the
bakery, but people cross at other places throughout the street. When doing so,
pedestrians must yield to traffic. Other streets like Hale and Grace Streets have no
marked crosswalks. When pedestrians cross these streets, they must also yield to
traffic.
Section 9-8-321.330, Use of Crosswalks, currently states: "Pedestrians shall move,
whenever practicable, upon the right half of crosswalks." This section dictates that
when using a crosswalk, a pedestrian must use the right side of that crosswalk.
The Code lacks a section requiring use of a marked crosswalk when such a crosswalk
exists within a reasonable distance. A section mandating use of a marked crosswalk
would increase pedestrian and driver safety on all roadways, including the roundabout
at Grandview and Delhi.
DISCUSSION
As a result of the proposed changes, provisions related to crosswalks and crossing
roadways would now be located in Section 9-8-321.328, and a new subsection
mandating the use of a marked crosswalk would be added. Section 9-8-321 .330 would
be repealed and reserved for later use.
The proposed new Section 9-8-321.328 would appear as follows:
9-8-321.328: USE OF CROSSWALKS
A. Within 200 feet of any marked crosswalk in the city of Dubuque, pedestrians
must use the marked crosswalk to cross the roadway.
B. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
C. Every pedestrian crossing a street at any point more than 200 feet from a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way
to all vehicles upon the roadway.
Under these proposed new changes, when a pedestrian is within two hundred feet of a
marked crosswalk, the pedestrian must use the crosswalk (9-8-321.328(A)). When a
pedestrian uses a crosswalk, the pedestrian must use the right side of the crosswalk
when possible (9-8-321.328(B)). Lastly, in those instances where there is no marked
crosswalk within two hundred feet, pedestrians must yield to traffic when crossing the
roadway.
RECOMMENDATION
I request that the ordinance is reviewed and forwarded to the City Council for
consideration and approval. Please let me know if you have any questions.
Thank you.
MAQ:jmg
Attachments
cc: Mark Dalsing, Chief of Police
Prepared by Maureen A. Quann, Esq. 300 Main Street, Suite 330 Dubuque, IA 52001 563 589-4381
ORDINANCE NO. 38-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR
VEHICLES AND TRAFFIC, CHAPTER 8 PEDESTRIANS' RIGHTS AND DUTIES BY
REPEALING SECTION 9-8-321.328 CROSSING AT OTHER THAN CROSSWALK
AND SECTION 9-8-32t330 USE OF CROSSWALKS; AND BY ENACTING A NEW
SECTION 9-8-321.328 USE OF CROSSWALKS PROVIDING FOR THE PROCEDURE
FOR USING CROSSWALKS IN THE CITY
Section 1. Section 9-8-321.328 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-8-321.328: USE OF CROSSWALKS:
A. Within 200 feet of any marked crosswalk in the city of Dubuque, pedestrians
must use the marked crosswalk to cross the roadway.
B. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
C. Every pedestrian crossing a street at any point more than 200 feet from a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way
to all vehicles upon the roadway.
Section 2. Section 9-8-321.330 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-8-321.330: RESERVED:
Section 3. This Ordinance takes effect on publication.
Passed, approved, and adopted the 1st day of Algust, 2016.
Roy D. BuoI, Mayor
Attest:
Keviri S FirnstahI,'Ciiy drerk
EFFECT OF AMENDMENT
9-8-321 .328: USE OF CROSSWALKSGRQ2211Slr_ AT QT-WF—=R THAN GRQSS 4' K:
A. Within 200 feet of any marked crosswalk in the city of Dubuque, pedestrians
must use the marked crosswalk to cross the roadway.
B. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
C. Every pedestrian crossing a street at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way
to all vehicles upon the roadway.
9-8-321 .330: RESERVED .
Pedestrians shell move, whenever n entinehle LIPOR the Fight half of nresswalks
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: August 05, 2016, and for which the charge is $16.13.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /® f, day of , 20 /a .
Notary Public in and for Dubuque County, Iowa.
ARV K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB, 1, 2817
OFFICIAL`
PUBLICATION_
ORDINANCE NO. 38-16 rt
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 9
MOTOR VEHICLES
AHD TRAFFIC, CHAP-
TER 8. PEDESTRIANS'
RIGHTS AND DUTIES
BY REPEALING SEC-
TION 9-8-321.328
CROSSING AT OTHER'
THAN CROSSWALK
AND `' SECTION , 9-8-
321.330 USE OF
CROSSWALKS; AND,
BY NEW'.,
SECTION 9-8-321;328
USE OF CROSSWALKS
PROVIDING FOR THE
PROCEDURE FOR US-
ING CROSSWALKS IN
THE CITY
Section 1. Section 9-8-
321.328 of the City of
Dubuque Code of Ordi-
nances is
rdi-nances+is amended to
readas follows:
9-8-321.328: USE OF
CROSSWALKS:
A. Within 200 feet of
any marked crosswalk
in the city of Dubuque,
pedestrians must use
the marked crosswalk
to cross the roadway.
B. Pedestrians shall
move, whenever prac-
ticable, upon the right
half of crosswalks.
C. Every pedestrian
crossing a street at any
ppiret,imore than 200
et .from, a marked
crosswalk or within an
unmarked,crosswalk at
an intersection shall
yield, the right of way
to all vehicles upon the
roadway.
Section 2. Section 9-8-
:321.330 of the City of,
Dubuque Code of Ordi-
nances is amended to
read as follows:
9-8-321.330: 'RE
SERVED:
Section 3. -This Ordi-
nance takes effect on
publication.
Passed, approved,
and adopted the 1st
day of August, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevih S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 5th
day of August, 2016.
/s/Kevin S. Firnstahl,'
City Clerk
it 8/5