§ 70.999 PENALTY.

   (A)   Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Violations.  

      (1)   Generally. The following specific violations may be enforced through the provisions of this division (B):

	References
Violation	Iowa Code	This Code
All-terrain vehicle operating violations	Iowa Code § 321.234A	§§ 72.090 through 72.093
Careless driving	Iowa Code § 321.277A
Excessive speed	Iowa Code § 321.285	Ch. 73, Sch. I
Failure to secure child	Iowa Code § 321.446
Failure to obey official traffic-control devices	Iowa Code § 321.256	§ 70.036
Failure to obey stop or yield sign	Iowa Code § 321.322
Failure to wear seat belt	Iowa Code § 321.445
Unlawful golf cart operation	Iowa Code § 321.247	§§ 72.050 through 72.056
Violation of graduated driver’s license conditions	Iowa Code § 321.180B

 

      (2)   Officer’s discretion; notice of violation. In the discretion of the police officer, if conditions warrant, the officer may issue a notice of violation in regard to any of the offenses listed division (B)(1) above, in lieu of the statutorily prescribed citation.

      (3)   Prohibitions. No notice of violation shall be issued pursuant to this division (B) if any motor vehicle collision or personal injury resulted from the violation, if the driver was alcohol impaired, or if the driver had been issued a notice of violation under this division (B) in the six months preceding the date of violation.

      (4)   Civil penalty. The penalty for a notice of violation under this division (B) is the amount of $100. Payment of the civil penalty may be made at the Police Department, 405 1st Avenue West, Spencer, Iowa. If a notice of violation is issued and the civil penalty is not paid within 30 days of the date of the violation, or if the driver denies the violation, the issuing officer shall cancel the notice of violation and issue a citation to be processed through the court system in the normal procedure.

      (5)   Reporting of violation. No report or information concerning the issuance of a notice of violation shall be sent or reported to the State Department of Transportation, or similar department of any other state, for the purpose of adding to the driver’s driving record.

      (6)   Records. The Police Department shall develop a form of notice of violation to be issued pursuant to this division (B), shall maintain complete and adequate records as to notice of violations issued, civil penalties paid and of notice of violations which are unpaid or denied.

(Prior Code, § 7-2-8)

   (C)   Engine brakes. The scheduled fine for a violation of § 70.043 shall be $100.

(Prior Code, § 7-3-14)

   (D)   Weight limits. Any person who violates the provisions of §§ 70.070 through 70.073 shall, upon conviction or a plea of guilty, be subject to the provisions set forth in § 10.99.

(Prior Code, § 7-6-5)

   (E)   Roller skates and skateboards.

      (1)   Violations of the provisions of §§ 70.135 through 70.138 may be prosecuted by the issuance of a uniform citation or complaint or by a simple notice of fine. If the simple notice of fine procedure is followed, the fine shall be $5 if paid within 30 days of the date of the notice of the fine. The fine shall increase to the amount of $10 if not paid within 30 days of the date of notice of the fine. The fine shall be payable to the city and shall be paid at the Police Department, 405 1st Avenue West, Spencer, Iowa 51301.

      (2)   If the notice of fine is denied or not paid, violations of §§ 70.135 through 70.138 may be prosecuted by complaint or uniform citation pursuant to the provisions of Iowa Code §§ 805.7 through 805.13, inclusive, as any other traffic violation.

(Prior Code, § 6-9-5)

(Ord. 332, passed 3-3-1986; Ord. 505, passed 10-5-1998; Ord. 536, passed 8-21-2000; Ord. 631, passed 8-1-2005; Ord. 711, passed 10-18-2010)