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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])
1. Whenever a police officer has reasonable cause to believe that a person has violated any provision of the traffic code or of Chapter 321 of the Code of Iowa, punishable as a simple, serious, or aggravated misdemeanor, such officer may, without arresting the person, either:
A. Prepare a written citation to appear in court containing the name and address of such person, the nature of the offense, the operator or chauffeur license number, if any, the registration number, if any, of their vehicle, the time when and place where such person shall appear in court and the penalty for nonappearance; or
B. If the violation charged is of a provision of Chapter 321 of the Code of Iowa, prepare a memorandum of the alleged traffic violation containing the name and address of such person, the registration number, if any, of their vehicle, the offense alleged to have been committed, and such other information as may be prescribed by the Commissioner of Public Safety with the concurrence of the Director of Transportation.
2. If the officer prepares either a citation or a memorandum as provided in this section, the alleged offender shall be requested to sign it. If the person signs, the person may be released without arrest. In case a citation is issued, the signing shall constitute a written promise to appear as stated in the citation. A copy of the citation shall be presented to the person named therein. The police officer issuing the citation shall cause to be filed a complaint in the court in which the cited person is required to appear, as soon as practicable, charging the crime stated in the citation. If a memorandum is prepared, the original shall be retained by the officer, and a copy shall be sent to the department, and a copy shall be presented to the person named therein.
3. For preparing the summons or memorandum for a violation of Chapter 321 of the Code of Iowa, there shall be charged to the person named in the summons or memorandum, upon conviction, a fee of $2.00. The fee shall be assessed as part of the court costs.
4. The number of copies and the form of the citations and memorandums for violation of Chapter 321 of the Code of Iowa, shall be as prescribed by the Commissioner of Public Safety with the concurrence of the Director of Transportation.
5. This section does not apply to a traffic offense which must be charged upon a uniform citation and complaint as provided in Section 805.6 of the Code of Iowa and Chapter 805 of the Code of Iowa shall control such procedures. This section does not apply to violations of parking regulations charged upon a simple notice of fine as provided in this Code and in Sections 805.8 and 321.236 of the Code of Iowa, and this Code shall control such procedures.
6. Any person receiving a simple notice of fine herein provided for in Subsection 6-1-8(4) of this chapter or a uniform citation and complaint, or knowing that one such notice or citation and complaint has been attached to any vehicle owned or controlled by said person, shall appear before the magistrate court at the place and not later than the time and date specified in this notice.
Any person who willfully fails to appear in court as specified in a citation, a memorandum, a uniform citation, and complaint or a simple notice of fine, given as provided in this chapter, is guilty of a simple misdemeanor, punishable in accordance with the standard penalty provided in Section 1-4-1 of this Code, regardless of the disposition of the charge upon which said person was cited. Venue shall be in the county where the defendant was to appear or in the county where said person resides. An appearance in response to a citation for a violation of this title may be made either in person or by counsel.
The provisions of the traffic code shall govern all police officers in making arrests without a warrant for violations of the traffic code for offenses committed in their presence, but the procedure prescribed herein shall not be exclusive of any other method prescribed by law for the arrest and prosecution of a person.