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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