Municipal Code

Chapter 70 – Traffic Code Enforcement Procedures

Regulations governing arrest or citation procedures, scheduled violations, parking violation fines, vehicle impoundment, and presumptions regarding illegal parking within the City.

Contents 70.01 70.02 70.03 70.04 70.05 70.06

Chapter 70

Traffic Code Enforcement Procedures

Chapter Contents

70.01 Arrest or Citation

70.04 Parking Violations: Vehicle Unattended

70.02 Scheduled Violations

70.05 Presumption in Reference to Illegal Parking

70.03 Parking Violations: Alternate

70.06 Impounding Vehicles

70.01 ARREST OR CITATION.

Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, such officer may:

1. Immediate Arrest. Immediately arrest such person and take such person before a local magistrate, or

2. Issue Citation. Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety and deliver the original and a copy to the court where the defendant is to appear, two copies to the defendant and retain the fifth copy for the records of the City.

(Code of Iowa, Sec. 805.6 & 321.485)

70.02 SCHEDULED VIOLATIONS.

For violations of the Traffic Code which are designated by Section 805.8 of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.8 of the Code of Iowa.

(Code of Iowa, Sec. 805.6 & 805.8)

70.03 PARKING VIOLATIONS: ALTERNATE.

Admitted violations of parking restrictions imposed by this Code of Ordinances may be charged upon a simple notice of a fine of twenty dollars ($20.00) payable at the office of the City Clerk within 72 hours of the date of the violation. After 72 hours of the date of violation a late payment penalty fee of fifteen dollars ($15.00) will be assessed to all admitted violations. The fine for admitted parking violations and the amount of the late payment fee may be subject to future modifications Failure to pay the simple notice of a fine shall be grounds for the filing of a complaint in District Court.

(Ord. 326 – May 05 Supp.)

(Code of Iowa, Sec. 321.236 [1a])

70.04 PARKING VIOLATIONS: VEHICLE UNATTENDED.

When a vehicle is parked in violation of any provision of the Traffic Code, and the driver is not present, the notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous place.

70.05 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.

In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred, shall be raised by proof that:

1. Described Vehicle. The particular vehicle described in the information was parked in violation of the Traffic Code, and

2. Registered Owner. The defendant named in the information was the registered owner at the time in question.

70.06 IMPOUNDING VEHICLES.

A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the City, under the circumstances hereinafter enumerated:

1. Disabled Vehicle. When a vehicle is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

(Code of Iowa, Sec. 321.236 [1])

2. Illegally Parked Vehicle. When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.

(Code of Iowa, Sec. 321.236 [1])

3. Snow Removal. When any vehicle is left parked in violation of a ban on parking during snow removal operations.

4. Parked Over Forty-eight Hour Period. When any vehicle is left parked for a continuous period of forty-eight (48) hours or more. A diligent effort shall first be made to locate the owner. If the owner is found the owner shall be given an opportunity to remove the vehicle.

(Code of Iowa, Sec. 321.236 [1])

5. Costs. In addition to the standard penalties provided, the owner or driver of any vehicle impounded for the violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing and storage.

(Code of Iowa, Sec. 321.236 [1])