DEFINITIONS
Iowa Code §321.1, Definitions of words and phrases, is hereby adopted by reference, in its entirety. All amendments to Iowa Code §321.1 shall automatically modify this Code. The definitions which have an Iowa Code section listed in brackets are adopted by reference. The other words and phrases when used in this Code have the meanings respectively ascribed to them.
1. “All-terrain vehicle” means a motor vehicle designed to travel on three or more wheels and designed primarily for off-road recreational use. “All-terrain vehicle” includes off-road utility vehicles as defined in section 321I.1, but does not include farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles. (‘97 Rev.; ’99 Rev.; ’10 Rev.) [Iowa Code §321.1(4)]
2. "Alley" means a thoroughfare laid out, established and platted as such, by constituted authority. [Iowa Code §321.1(3)]
3. "Ambulance" means a motor vehicle, which is equipped with life support systems and used to transport sick and injured persons who require emergency medical care to medical facilities. ('91 Rev.) [Iowa Code §321.1(5)]
4. "Authorized Emergency Vehicle" means vehicles of the fire department, police vehicles, ambulances, and emergency vehicles owned by the United States, this state, any subdivision of this state, or any municipality of this state, and privately owned vehicles as are designated or authorized by the director of transportation under section 321.451. ('91 Rev.; ’00 Rev.) [Iowa Code §321.1(6)]
5. "Bicycle" means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider, which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than seven hundred fifty watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than twenty miles per hour. ('91 Rev.; ’07 Rev.) [Iowa Code §321.1(40)(c)]
6. "Business District" means the territory contiguous to and including a highway when fifty per cent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business. [Iowa Code §321.1(7)]
7. "Bus Zone" means a place adjacent to a curb reserved for the exclusive use of public carriers during the loading or unloading of passengers.
8. "Chauffeur" means a 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 a motor truck, which has a gross vehicle weight rating exceeding sixteen thousand pounds. 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 operators principal business.
A person is not a chauffeur when the operation is by a volunteer fire fighter operating fire apparatus, or is by a volunteer ambulance or rescue squad attendant operating ambulance or rescue squad apparatus. If a volunteer fire fighter or ambulance or rescue squad operator receives nominal compensation not based upon the value of the services performed, the fire fighter or operator shall be considered to be receiving no compensation and classified as a volunteer.
If authorized to transport inmates, probationers, parolees, or work releasees by the director of the Iowa department of corrections or the director's designee, an employee of the Iowa department of corrections or a district department of correctional services is not a chauffeur when transporting the inmates, probationers, parolees, or work releasees.
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.
If authorized to transport patients or clients by the director of the department of human services or the director's designee, an employee of the department of human services is not a chauffeur when transporting the patients or clients in an automobile.
A person is not a chauffeur when the operation is by a home care aide in the course of the home care aide's duties.
If authorized to transport students or clients by the superintendent of the Iowa braille and sight saving school or of the Iowa school for the deaf, or the superintendent's respective designee, an employee of the Iowa braille and sight saving school or the Iowa school for the deaf is not a chauffeur when transporting the students or clients.
If authorized to transport patients or residents of the Iowa veterans home by the commandant or the commandant’s designee, an employee of or volunteer at the Iowa veterans home is not a chauffeur when transporting the patients or residents in an automobile in the course of the employee’s or volunteer’s normal duties.
('91 Rev.; '95 Rev.; ’10 Rev.) [Iowa Code §321.1(8)]
9. "Crosswalk" means 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. [Iowa Code §321.1(16)]
10. "Curb Loading Zone" means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers or materials.
11. "Driver’s License" means any license or permit issued to a person to operate a motor vehicle on the highways of this state, including but not limited to a temporary restricted or temporary license and an instruction, chauffeur's instruction, commercial driver's instruction, temporary restricted, or temporary permit.
For purposes of license suspension, revocation, bar, disqualification, cancellation, or denial under chapters 321A, 321C, and 321J, "driver’s license" includes any privilege to operate a motor vehicle.
('91 Rev., ’99 Rev.) [Iowa Code §321.1(20A)]
12. “Financial liability coverage” means any of the following:
a. An owner’s policy of liability insurance which is issued by an insurance carrier authorized to do business in Iowa to or for the benefit of the person named in the policy as insured, and insuring the person named as insured and any person using an insured motor vehicle with the express or implied permission of the named insured against loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of an insured motor vehicle within the United States of America or Canada, but subject to minimum limits, exclusive of interest and costs, in the amounts specified in section 321A.21 or specified in another provision of the Code, whichever is greater.
b. A bond filed with the department pursuant to section 321A.24.
c. A valid statement issued by the treasurer of state pursuant to section 321A.25 attesting to the filing of a certificate of deposit with the treasurer of state.
d. A valid certificate of self-insurance issued by the department pursuant to section 321A.34.
(’97 Rev.; ’99 Rev.; ’00 Rev.) [Iowa Code §321.1(24B)]
13. "Freight Curb Loading Zone" means a place adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
14. "Gross Weight" means the empty weight of a vehicle plus the maximum load to be carried by the vehicle. The maximum load to be carried by a passenger-carrying vehicle shall be determined by multiplying one hundred fifty pounds by the number of passenger seats carried by such vehicle. [Iowa Code §321.1(29)(a)]
15. "Hazardous Material" means a substance or material which has been determined by the United States secretary of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. ('91 Rev.) [Iowa Code §321.1(31)]
16. "Intersection" means 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 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. [Iowa Code §321.1(33)]
17. "Laned Highway" means a highway the roadway of which is divided into three or more clearly marked lanes for vehicular traffic. [Iowa Code §321.1(34)]
18. "Motorcycle" means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground including a motor scooter but excluding a tractor and a motorized bicycle. ('91 Rev.) [Iowa Code §321.1(40)(a)]
19. "Motor Truck" means every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind, or over nine persons as passengers. [Iowa Code §321.1(41)]
20. "Motor Vehicle" means every vehicle, which is self-propelled and not operated upon rails. [Iowa Code §321.1(42)(a)]
21. "Motorized Bicycle" means a motor vehicle having a saddle or a seat for the use of a rider, designed to travel on not more than three wheels in contact with the ground, and not capable of operating at a speed in excess of thirty miles per hour on level ground unassisted by human power. (Ord. #3146, 6/1/81; 03 Rev.;’07 Rev.) [Iowa Code §321.1(40)(b)]
22. “New motor vehicle or new car” means a motor vehicle subject to registration which has not been sold “at retail” as defined in chapter 322. (’97 Rev., ’99 Rev.) [Iowa Code §321.1(42)(c)]
23. "Official Parking Signs" means any such signs as have been erected by authority of a public body or official having jurisdiction for the purpose of regulating parking.
24. "Official Traffic-Control Devices" means all signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. [Iowa Code §321.1(46)]
25. "Official Traffic-Control Signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. [Iowa Code §321.1(47)]
26. "Operator" or "Driver" means every person who is in actual physical control of a motor vehicle upon a highway. ('91 Rev.) [Iowa Code §321.1(48)]
27. "Owner" means 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 chapter. [Iowa Code §321.1(49)]
28. "Parking" means the standing of a vehicle whether occupied or not.
29. "Parking Meter" or "Mechanical Parking Time Indicator" means any device or devices which shall indicate thereon the length of time during which a vehicle may be parked in a particular place which shall have as a part thereof a receptacle or chamber for receiving and storing coins of the United States money, a slot or place in which said coin may be deposited; a timing mechanism to indicate the passage of the interval of time during which parking is permissible and which shall also display an appropriate signal when the aforesaid interval of time shall have elapsed; also brief instructions as to their operation.
30. "Passenger Curb Loading Zone" means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
31. "Peace Officer" means 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. ('91 Rev.) [Iowa Code §321.1(50)]
32. "Pedestrian" means any person afoot. [Iowa Code §321.1(51)]
33. "Person" means every natural person, firm, copartnership, association, or corporation. Where the term "person" is used in connection with the registration of a motor vehicle, it shall include any corporation, association, copartnership, company, firm, or other aggregation of individuals which owns or controls such motor vehicle as actual owner, or for the purpose of sale or for renting, whether as agent, salesperson, or otherwise. [Iowa Code §321.1(52)]
34. "Police Officer" means "Peace Officer". ('91 Rev.)
35. "Private Road" or "Driveway" means 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. [Iowa Code §321.1(54)]
36. "Railroad" means a carrier of persons or property upon cars operated upon stationary rails. ('91 Rev.) [Iowa Code §321.1(55)]
37. "Railroad Sign" or "Signal" means 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 the approach of a railroad train. [Iowa Code §321.1(57)]
38. "Railroad Train" means an engine or locomotive with or without cars coupled thereto, operated upon rails. ('91 Rev.) [Iowa Code §321.1(58)]
39. "Residence District" means the territory within a city contiguous to and including a highway, not comprising a business, suburban or school district, where forty percent or more of the frontage on such highway for a distance of three hundred feet or more is occupied by dwellings or by dwellings and buildings in use for business. [Iowa Code §321.1(63)]
40. "Right of Way" means the privilege of the immediate use of the highway. [Iowa Code §321.1(64)]
41. "Road Tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. [Iowa Code §321.1(64A)]
42. “Road work zone” means the portion of a highway which is identified by posted or moving signs as 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. (’97 Rev., ’99 Rev.) [Iowa Code §321.1(66)]
43. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. [Iowa Code §321.1(65)]
44. "Safety Zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. [Iowa Code §321.1(68)]
45. "School Bus" means every vehicle operated for the transportation of children to or from school, except vehicles which are:
(a) Privately owned and not operated for compensation;
(b) Used exclusively in the transportation of the children in the immediate family of the driver;
(c) Operated by a municipally or privately owned urban transit company or a regional transit system as defined in section 324A.1 for the transportation of children as part of or in addition to their regularly scheduled service; or
(d) Designed to carry not more than nine persons as passengers, either school owned or privately owned, which are used to transport pupils to activity events in which the pupils are participants or used to transport pupils to their homes in case of illness or other emergency situations. The vehicles operated under the provisions of paragraph shall be operated by employees of the school district who are specifically approved by the local superintendent of schools for the assignment.
(’00 Rev.; ’08 Rev.) [Iowa Code §321.1(69)]
46. "School District" means the territory contiguous to and including a highway for a distance of two hundred feet in either direction from a schoolhouse in a city. [Iowa Code §321.1(70)]
47. "Semitrailer" means 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 chapter, same shall be construed to also include "semitrailer."
A "semitrailer" shall be considered in this chapter separately from its power unit. ('91 Rev.) [Iowa Code §321.1 (71)]
48. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. [Iowa Code §321.1(72)]
49. "Stop" means a complete cessation of movement.
50. "Stopping" or "Standing" means stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
51. "Street" or "Highway" means 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 purpose of vehicular traffic. ('91 Rev.) [Iowa Code §321.1(78)]
52. "Suburban District" means all other parts of a city not included in the business, school or residence districts. [Iowa Code §321.1(79)]
53. "Through (or thru) highway" means every highway or street or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter or such entrances are controlled by a peace officer or traffic-control signal. The term "arterial" is synonymous with "through" or "thru" when applied to highways of this state. ('91 Rev.) [Iowa Code §321.1(81)]
54. "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel. [Iowa Code §321.1(84)]
55. "Traffic Division" when used in this ordinance shall be synonymous with Waterloo Police Department. (Ord. #3256, 1/17/83)
56. "Trailer" means 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. [Iowa Code §321.1(85)]
57. "Truck Tractor" means 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. However, a truck tractor may have a box, deck, or plate for carrying freight, mounted on the frame behind the cab, and forward of the fifth-wheel connection point. (’06 Rev.) [Iowa Code §321.1(88)]
58. "U-Turn" means the turning from one side to the other on a street and proceeding in the opposite direction. ('91 Rev.)
59. "Vehicle" means 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.
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.
('91 Rev.) [Iowa Code §321.1(90)]
It is a simple misdemeanor for any person to do any act forbidden or to fail to perform any act required by any of the provisions of this ordinance unless any such violation is by this ordinance or other law of this State declared to be a felony.
Every person convicted of a misdemeanor for a violation of the provisions of this ordinance for which another penalty is not provided shall be punished by a fine of not less than sixty-five dollars ($65.00) nor more than six hundred twenty-five dollars ($625.00) or by imprisonment for not more than thirty (30) days in lieu of a fine or in addition to a fine. ('91 Rev.; ’08 Rev.)