The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section:
ALL-TERRAIN VEHICLE: A motor vehicle designed to travel on three (3) or more wheels and designed primarily for off road use. "All-terrain vehicle" includes off road utility vehicles as defined in Iowa Code section 321I.1, but does not include farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles when used for farming, construction, commercial deliveries, forestry, lawn and grounds maintenance, or towing for utility as opposed to recreational uses.
ALLEY: A thoroughfare laid out, established, and platted as such by constituted authority.
AUTHORIZED EMERGENCY VEHICLE: Vehicles of the fire department, police vehicles, ambulances, and emergency vehicles owned by the United States, this state, or any subdivision of this state or any municipality of the state, and such privately owned ambulances, fire, rescue, or disaster vehicles as are designated or authorized by the director.
BICYCLE:
A. A device having two (2) or three (3) wheels and having at least one (1) saddle or seat for the use of a rider which is propelled by human power; or
B. A low-speed electric bicycle.
BUSINESS DISTRICT: The territory contiguous to and including a highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred feet (300') or more is occupied by buildings in use for business.
CHAUFFEUR: Any person who operates a motor vehicle, including a school bus, in the transportation of persons for wages, compensation, or hire, or a person who operates a truck tractor, road tractor, or any motor truck which is required to be registered at a gross weight classification exceeding five (5) tons, or any such motor vehicle exempt from registration which would be within the gross weight classification if not so exempt. A person is not a chauffeur when the operation of the motor vehicle, other than a truck tractor, by the owner or operator is occasional and merely incidental to the owner's or operator's principal business. A person is not a chauffeur when the operation is by a volunteer firefighter operating fire apparatus, or is by a volunteer ambulance or rescue squad attendant operating ambulance or rescue squad apparatus. If a volunteer firefighter, ambulance, or rescue squad operator receives nominal compensation not based upon the value of the services performed, the firefighter or operator shall be considered to be receiving no compensation and classified as a volunteer. A farmer or the farmer's hired help is not a chauffeur when operating a truck, other than a truck tractor, owned by the farmer and used exclusively in connection with the transportation of the farmer's own products or property.
CITY MANAGER: The official having jurisdiction to post signs or direct the placement of signs consistent with this title includes the city manager's designee.
CROSSWALK: That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CURB: The lateral line of a sidewalk nearest the surface of the street upon which vehicles travel.
DEPARTMENT: The state department of transportation.
DIRECTOR: The director of the state department of transportation or the director's designee.
DRIVER: Every person who drives or is in actual physical control of a vehicle.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE: A device, powered by an electric propulsion system designed to transport one person, with a maximum speed on a paved level surface of less than twenty five (25) miles per hour with an average power of seven hundred fifty (750) watts or one horsepower.
EXPLOSIVE: Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that on ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life and limb.
FLAMMABLE LIQUID: Any liquid which has a flashpoint of seventy degrees Fahrenheit (70°F) or less, as determined by a Tagliabue or equivalent closed cup test.
GROSS WEIGHT: The empty weight of a vehicle, plus the maximum load to be carried thereon. The maximum load to be carried by a passenger carrying vehicle shall be determined by multiplying one hundred fifty (150) pounds by the number of passenger seats carried by such vehicle.
HOLIDAYS: Shall be January 1, Memorial Day, July 4, the first Monday in September, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, December 24, December 25, December 31, and the following Monday whenever any of the foregoing named holidays fall on a Sunday.
INTERSECTION: The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
LOW-SPEED ELECTRIC BICYCLE: A device having a saddle or seat for the use of a rider, two (2) or three (3) wheels equipped with fully operable pedals, and an electric motor of less than seven hundred fifty (750) watts that meets the requirements of one of the following classes:
Class 1 low-speed electric bicycle: A low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour or more.
Class 2 low-speed electric bicycle: A low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of twenty (20) miles per hour or more.
Class 3 low-speed electric bicycle: A low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour or more.
METAL TIRE: Every tire, the surface of which in contact with the highway, is wholly or partly of metal or other hard, nonresilient material.
MOBILE HOME: Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons.
MOTORCYCLE: Every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground including a motor scooter but excluding a tractor an autocycle, a low-speed electric bicycle, and a motorized bicycle.
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle or seat for the use of a rider, designed to travel on not more than three (3) wheels in contact with the ground, and not capable of operating at a speed in excess of thirty-nine (39) miles per hour on level ground unassisted by human power, but excluding a low-speed electric bicycle.
MOTOR TRUCK: Every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind, or over nine (9) persons as passengers.
MOTOR VEHICLE: Every vehicle which is self-propelled but not including vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails. The terms "car", "new car", "used car", or "automobile" shall be synonymous with the term "motor vehicle".
MOTORCYCLE: Every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground including a motor scooter but excluding a tractor and a motorized bicycle.
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle or a seat for the use of a rider and designed to travel on not more than three (3) wheels in contact with the ground, and not capable of operating at a speed in excess of thirty nine (39) miles per hour on level ground unassisted by human power.
OFFICIAL PARKING SIGNS: Any such signs as have been erected by authority of a public body or official having jurisdiction for the purpose of regulating parking.
OFFICIAL TRAFFIC CONTROL DEVICES: All signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.
OFFICIAL TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
OPERATOR: Every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.
OWNER: A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of a security agreement with an immediate right of possession vested in the debtor, then such debtor shall be deemed the owner for the purpose of this title.
PARK: The stopping or standing of a motor vehicle either attended or unattended by a driver or occupant.
PARKING LOT: A lot in the city where motor vehicles are parked for a fee.
PARKING METER: Any mechanical device located upon a public street or sidewalk in a place regularly designated as a parking zone. This device shall record a certain number of minutes by the use of a clock mechanism determining the number of minutes for which parking privileges may be extended to any person depositing the coin or coins required.
PEACE OFFICER: Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, in addition to its meaning in section 801.4, code of Iowa.
PEDESTRIAN: Any person afoot.
PNEUMATIC TIRE: Every tire in which compressed air is designed to support the load.
PRIVATE ROAD OR DRIVEWAY: Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
RAILROAD SIGN OR SIGNAL: Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or of the approach of a railroad train.
RAILROAD TRAIN: An engine or locomotive, with or without cars coupled thereto, operated upon rails.
RESIDENCE DISTRICT: The territory within a city or town contiguous to and including a highway, not comprising a business, suburban, or school district, where forty percent (40%) or more of the frontage on such highway for a distance of three hundred feet (300') or more is occupied by dwellings or by dwellings and buildings in use for residence.
RIGHT OF WAY: The privilege of the immediate use of the highway.
ROAD WORK ZONE: The portion of a highway which is identified by posted or moving signs at the site of construction, maintenance, survey, or utility work. The zone starts upon meeting the first sign identifying the zone and continues until a posted or moving sign indicates that the work zone has ended.
ROADWAY: That portion of a highway improved, designed, or ordinarily used for vehicular travel.
SCHOOL DISTRICT: The territory contiguous to and including a highway for a distance of two hundred feet (200') in either direction from a schoolhouse in a city.
SEMITRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Wherever the word "trailer" is used in this title, the same shall be construed to also include "semitrailer". A "semitrailer" shall be considered in this title separately from its power unit.
SIDEWALK: That portion of street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
SOLID TIRE: Every tire of rubber or other resilient materials which does not depend upon compressed air for the support of the load.
STREET OR HIGHWAY: The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for purposes of vehicular traffic.
SUBURBAN DISTRICT: All other parts of a city or town not included in the business, school, or residence districts.
THROUGH (OR THRU) STREET: Every street or portion thereof at the entrances to which vehicular traffic from intersecting streets is required by law to stop before entering or crossing the same and when stop signs are erected as provided by law or such entrances are controlled by a peace officer or traffic control signal. The term "arterial" shall be synonymous with "through" or "thru" when applied to streets of this city.
TRAFFIC: Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRUCK TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
U-TURN: The turning from one side to the other on a street and proceeding in a reverse direction.
VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. "Vehicle" does not include:
A. Any device moved by human power, including a low-speed electric bicycle.
B. Any device used exclusively upon stationary rails or tracks.
C. Any integral part of a truck-tractor or road tractor which is mounted on the frame of the truck-tractor or road tractor immediately behind the cab and which may be used to transport persons and property but which cannot be drawn upon the highway by the truck-tractor or another motor vehicle.
D. Any steering axle, dolly, auxiliary axle, or other integral part of another vehicle which in and of itself is incapable of commercially transporting any person or property but is used primarily to support another vehicle. (Ord. 43-08, 6-16-2008; amd. Ord. 44-08, 6-16-2008; Ord. 39-09, 8-3-2009; Ord. 53-09, 11-2-2009; Ord. 33-10, 6-21-2010, eff. 7-1-2010; Ord. 65-10, 12-20-2010; Ord. 51-12, 9-17-2012; Ord. 56-14, 9-2-2014; Ord. 44-21, - -2021)