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ENFORCEMENT OF TRAFFIC CODE
Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, the officer may:
(A) Immediate arrest. Immediately arrest the person and take the person before a local magistrate; or
(B) Issue citation. Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the State 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.
(Iowa Code §§ 805.6, 321.485) (1999 Code, § 70.01)
(A) Admitted violations of parking restrictions imposed by this code of ordinances may be charged upon a simple notice of a fine payable at the office of the City Clerk.
(1) The simple notice of a fine shall be in the amount of $25 for all violations except two- or three-hour overtime parking violations and improper use of a persons with disabilities parking permit. The simple notice of a fine for improper use of a persons with disability parking permit is $100.
(2) The simple notice of a fine for two- or three-hour overtime parking violations is $5. If the fine is not paid within 48 hours, it shall be increased to $25. In the event any person receives more than one overtime parking violation without the vehicle having been moved, the second and subsequent violations shall be subject to a fine of $10. If the fine is not paid within 48 hours, it shall be increased to $25.
(B) Failure to pay the simple notice of a fine shall be grounds for the filing of a complaint in District Court.
(Iowa Code § 321.236(1)(a)) (1999 Code, § 70.03) (Ord. 2229, passed 11-14-2000)
Editor’s note:
A snow route parking violation occurs when the driver of a vehicle impedes or blocks traffic on a designated snow route. See § 79.10.
In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred, shall be raised by proof that:
(A) Described vehicle. The particular vehicle described in the information was parked in violation of the Traffic Code; and
(B) Registered owner. The defendant named in the information was the registered owner at the time in question.
(1999 Code, § 70.05)
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:
(A) 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 an extent as to be unable to provide for its custody or removal;
(Iowa Code § 321.236(1))
(B) 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;
(Iowa Code § 321.236(1))
(C) Snow removal. When any vehicle is left parked in violation of a ban on parking during snow removal operations;
(D) Parked over 24 or 48 hours. When any vehicle is left parked for a continuous period of 24 hours or more on any street or 48 hours or more in any municipal parking lot; and
(E) 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.
(Iowa Code § 321.236(1))
(1999 Code, § 70.06) (Ord. 2117, passed 7-25-2000; Ord. 2299, passed 8-23-2005)