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It is the policy of the city of Waterloo that motor vehicles used in connection with certain illegal conduct shall be subject to civil seizure and impoundment in accordance with the procedures set forth herein, so as to deter the use of vehicles as specified herein. (Ord. 5239, 9-15-2014)
For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:
CONTROLLED SUBSTANCES: Any substance as defined and included in section 124.204, 124.206, 124.208, 124.210, or 124.212 of the Iowa Code.
DRUG PARAPHERNALIA: Any equipment, products and materials as defined in section 124.414 of the Iowa Code.
ELUDING OR ATTEMPTING TO ELUDE A POLICE OFFICER: Any offense as defined in section 321.279 of the Iowa Code.
ILLEGAL PRESCRIPTION DRUG: Any drug or device limited to dispensation by prescription, as provided by Iowa Code section 155A.21, that was not lawfully dispensed within the meaning of Iowa Code chapter 155A to the party found in possession thereof or to the registered owner of the motor vehicle.
INTIMIDATION WITH A DANGEROUS WEAPON: Any offense as defined in section 708.6 of the Iowa Code.
LIENHOLDER: Any person or entity that has a recorded security interest, lien or other encumbrance that is noted on a vehicle's certificate of title or in public vehicle ownership records.
OPERATING A MOTOR VEHICLE ON A REVOKED OR BARRED LICENSE: An offense as defined in section 321.56, 321.218, or 321J.21 of the Iowa Code.
OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS: Any offense as defined in chapter 321J of the Iowa Code.
OWNER: Any person or entity that is shown as the registered owner on the vehicle's certificate of title or public vehicle ownership records.
PRECURSOR: Any substance as defined in 124.401(4) of the code of Iowa.
PROSTITUTION: Shall have the same meaning as that provided in Iowa Code section 725.1.
STOLEN PROPERTY: Property obtained by theft, as such term is defined in Iowa Code section 714.1.
WEAPONS OFFENSE: Any offense as defined in section 708.6, 724.3, 724.4, 724.4A, 724.4B, 724.16A, 724.22, 724.26, 724.29, or 724.30 of the Iowa Code. (Ord. 5239, 9-15-2014)
A. Use of a motor vehicle in any manner specified in this subsection shall subject the motor vehicle to seizure, impoundment and civil penalty as provided in this chapter.
1. Using a motor vehicle while manufacturing, selling and/or delivering a controlled substance, precursor, drug paraphernalia and/or illegal prescription drug.
2. Using a motor vehicle while illegally manufacturing and/or selling a drug or device limited to dispensation by prescription. For purposes of this subsection A2, the term "selling" includes delivery of the drug or device following said sale.
3. Operating a motor vehicle on a revoked or barred license.
4. Operating a motor vehicle while under the influence of alcohol or drugs.
5. Using a motor vehicle while eluding or attempting to elude a police officer.
6. Using a motor vehicle in connection with an offense described in Iowa Code section 321.261, whether or not the subject vehicle is actually used to leave the scene.
7. Using a motor vehicle while committing a weapons offense.
8. Using a motor vehicle while engaged in prostitution or the solicitation thereof.
9. Using a motor vehicle while possessing or transporting stolen property.
B. Unless otherwise specified in this chapter, the owner of such vehicle shall be liable to the city for a civil penalty of two hundred fifty dollars ($250.00), for the cost of service of any notices, and for any and all fees and charges for towing and storage of the vehicle. (Ord. 5239, 9-15-2014)
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