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A police officer is authorized to stop a vehicle to require exhibition of the driver’s license of the driver, to serve a summons or memorandum of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference to size, weight, cargo, log book, bills of lading, or other manifest of employment, tires and safety equipment, or to inspect the registration certificate, the compensation certificate, travel order, or permit of such vehicle. A police officer having probable cause to stop a vehicle may require exhibition of the proof of financial liability coverage card issued for the vehicle.
(Code of Iowa, Sec. 321.492)
Whenever a police 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 uniform 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; or
(Code of Iowa, Secs. 805.6 and 321.485)
3. Notice to Appear; Promise to Appear. Proceed as provided in Section 6-1-13 of this chapter; or
4. Simple Notice of Fine. In the case of violations of Chapter 4 “Parking Regulations,” of this title, without arresting the person, prepare in triplicate a simple notice of fine as provided herein. Deliver one copy thereof to the person so charged, or attach it to the vehicle parked in violation of such chapter as provided in Section 6-1-9 of this chapter, as a notice of violation and promise to appear; the original shall be sworn to by the police officer as a complaint and filed in the office of either the Clerk or the Clerk of the District Court in and for Polk County or Dallas County as the Council has by resolution, appointed and directed pursuant to Section 6-1-11 of this chapter; and another copy shall be delivered to and retained by the Police Department for the records of the City.
(Code of Iowa, Secs. 805.6, 805.8, 321.236, and 321.485)
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.
1. Either the Clerk, or the Clerk of the District Court in and for Polk County or Dallas County, shall, by resolution of the Council, be appointed and directed to assume the duties and responsibilities connected with the collection of all fines for violations of Chapter 4 “Parking Regulations” of this Title, which are charged pursuant to a simple notice of fine under Subsection 6-1-8(4) of this chapter and are admitted and collected pursuant to this section and for the administration and processing of those violations which are so charged, whether or not they are admitted and collected.
2. The Clerk shall provide to the Police Department sets of triplicate simple notices of fines for issuance pursuant to this chapter, each identified by separate serial numbers on each copy of each notice.
3. Any person notified or summoned by a simple notice of fine provided for in this chapter who desires to enter a plea of guilty to any charge of violating the parking regulations of this title as stated on the notice, may pay the penalty provided on the notice to the Clerk of the District Court in and for Polk County or Dallas County or the City Clerk, as the Council has appointed and directed by resolution, prior to the designated date of payment at any of the locations provided for such payment.
4. In the event that any person notified or summoned by a simple notice of fine wishes to admit the violation and pay the penalty provided on the notice on or before the date designated for such payment pursuant to such notice, the Clerk or the Clerk of the District Court in and for Polk County or Dallas County, as the Council has appointed and directed by resolution, is hereby authorized and directed to receive the amount of such fine on behalf of the City.
5. The Clerk of the District Court in and for Polk County or Dallas County or the Clerk, as the Council has appointed and directed by resolution, shall retain the copy of the notice until collection of the fine for an admitted violation. In the event that such fine is not paid prior to or on the date designated in the notice, the Clerk or the Clerk of the District Court in and for Polk County or Dallas County shall deliver the notice to the Clerk of the District Court in and for Polk County or Dallas County and such violation shall be filed with the court for purposes of the defendant’s appearance and trial, and such violation shall be prosecuted as any other traffic violation.
6. If any person notified by a simple notice of fine, as provided in this chapter, has not paid the fine prior to or on the date designated in the notice, but has executed authority for the entry of a plea of guilty or has been found guilty of the violation, the Clerk of the District Court in and for Polk County or Dallas County is hereby authorized and directed to receive the amount of the fine of the City as established by the court.
7. The Clerk of the District Court is authorized to destroy any simple notice of fine based upon violations of Chapter 4 of this title at any time after the same shall have been on file in the Clerk’s office for a period of more than three years.
(Code of Iowa, Secs. 805.3 and 321.236)
1. A police officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot, highway, or privately-owned property or area developed as an off-street parking facility to the nearest garage or other place of safety, or to a garage designated or maintained by the City, and to treat the vehicle as an “abandoned vehicle” pursuant to the provisions of Sections 321.89 and 321.90 of the Code of Iowa, under the circumstances hereinafter enumerated:
A. Disabled Vehicle. When a vehicle is upon a roadway and 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])
B. Illegally Parked Vehicle. When any vehicle is left unattended upon a street and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic; or when any vehicle is a habitual violator under Section 6-4-13 of this title; or when any vehicle is and has been in violation of Section 6-4-7 of this title for more than 24 hours and the owner, lessee, or person in charge of the privately-owned property or facility has posted a sign or signs in a conspicuous location indicating that parking is prohibited, except to customers of the business located on the property or serviced by the facility, and that vehicles found in violation will be towed away at the owner’s expense.
(Code of Iowa, Sec. 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-Hour Period. When any vehicle is left parked upon a street for a continuous period of 24 hours or more.
(Code of Iowa, Sec. 321.236[1])
2. In addition to the standard penalties provided, the owner or driver of any vehicle impounded for the violation of any of the provisions of the traffic code shall be required to pay the reasonable cost of towing and storage, as well as the fines associated with any outstanding parking tickets.
(Code of Iowa, Sec. 321.236[1])
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