CHAPTER 70

TRAFFIC CODE ENFORCEMENT PROCEDURES

70.01  Arrest or Citation

70.04  Parking Violations:  Vehicle Unattended

70.02  Scheduled Violations

70.05  Presumption in Reference to Illegal Parking

70.03  Parking Violations:  Alternate

70.06  Impounding Vehicles


70.01   ARREST OR CITATION. 
Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, such officer may:

1.         Immediate Arrest.  Immediately arrest such person and take such person before a local magistrate, or

2.         Issue Citation.  Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety, or issue a uniform citation and complaint utilizing a State-approved computerized device.

(Code of Iowa, Sec. 805.6 & 321.485)

70.02   SCHEDULED VIOLATIONS.  For violations of the Traffic Code which are designated by Section 805.8 of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.8 of the Code of Iowa.

(Code of Iowa, Sec. 805. &, 805.8)

70.03   PARKING VIOLATIONS: ALTERNATE.  Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk.  The simple notice of a fine shall be in the amount of fifteen dollars ($15.00) for all violations except snow route parking violations and improper use of a persons with disabilities parking permit.  If such fine is not paid within thirty (30) days, it shall be increased by five dollars ($5.00).  The simple notice of a fine for snow route parking violations is twenty-five dollars ($25.00), and the simple notice of a fine for improper use of a persons with disabilities parking permit is one hundred dollars ($100.00). 

(Code of Iowa, Sec. 321.236 [1b] & 321L.4[2])

70.04   PARKING VIOLATIONS: VEHICLE UNATTENDED.  When a vehicle is parked in violation of any provision of the Traffic Code, and the driver is not present, the notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous place.

70.05   PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.  In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred, shall be raised by proof that:

1.         Described Vehicle.  The particular vehicle described in the information was parked in violation of the Traffic Code, and

2.         Registered Owner.  The defendant named in the information was the registered owner at the time in question.

70.06   IMPOUNDING VEHICLES.  A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the City, under the circumstances hereinafter enumerated:

1.         Disabled Vehicle.  When a vehicle 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])

2.         Illegally Parked Vehicle.  When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.

(Code of Iowa, Sec. 321.236 [1])

3.         Snow Removal.  When any vehicle is left parked in violation of a ban on parking during snow removal operations.

4.         Parked Over Limited Time Period.  When any vehicle is left parked for a continuous period in violation of any limited parking time.  If the owner can be located, the owner shall be given an opportunity to remove the vehicle.

(Code of Iowa, Sec. 321.236[1])

5.         Costs.  In addition to the standard penalties provided, the owner or driver of any vehicle impounded for the violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing and storage.

(Code of Iowa, Sec. 321.236 [1])


EDITOR’S NOTE:  A snow route parking violation occurs when the driver of a vehicle impedes or blocks traffic on a designated snow route.  (See Section 69.12.)