OFFENSES 3-1
TITLE III COMMUNITY PROTECTION
CHAPTER 1 OFFENSES
3-1-1 Violations Of Chapter 3-1-4 Streets
3-1-2 Public Peace 3-1-5 Public Safety and Health
3-1-3 Public Morals 3-1-6 Public Property
3-1-1 VIOLATIONS OF CHAPTER
Commission of any of the acts named in the following sections by any person shall constitute a violation of this chapter.
3-1-2 PUBLIC PEACE
It shall be unlawful for any person to do any of the following:
1. Engage in fighting or violent behavior or invite or defy another person to fight, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport. (Code of Iowa, Sec. 723.4(1))
2. Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood. (Code of Iowa, Sec. 723.4(2))
3. Willfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. (Code of Iowa, Sec. 723.4(2))
4. Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. (Code of Iowa, Sec. 723.4(3))
5. Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly. (Code of Iowa, Sec. 723.4(4))
6. Without authority, obstruct any street, sidewalk, highway or other public way. (Code of Iowa, Sec. 723.4(7))
7. Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway. (Code of Iowa, Sec. 364.12(2)(a))
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3-1-3 PUBLIC MORALS
It shall be unlawful for any person to expose such person’s genitals, pubes, female nipples, or buttocks to another or to urinate or defecate in public or in view of the public.
3-1-4 STREETS
1. Removal of safeguards or danger signals. No person shall willfully remove, tear down, destroy, deface, or carry away from any highway, street, alley, avenue or bridge any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said highway, street, alley, avenue or bridge without the consent of the person in control thereof. (Code of Iowa, Sec. 716.5)
2. Obstructing or defacing streets. No person shall obstruct, deface, or injure any public road in any manner by breaking up, plowing or digging within the boundary lines thereof, without permission from the Mayor. (Code of Iowa, Sec. 716.1)
3. Allowing water, snow, ice and accumulations on sidewalk. No abutting property owner shall allow water from an improperly located eave or drain, or from any roof, to fall onto a public sidewalk, or fail to remove snow, ice and accumulations from the sidewalks promptly. Upon failure by the abutting property owner to perform the action required under this subsection within a reasonable time, the City may perform the required action and assess the costs against the abutting property. (Code of Iowa, Sec. 364.12(2)(b and e))
4. Removal of hydrant caps, sewer caps or manhole covers. No person shall remove or carry away hydrant caps, sewer caps or manhole covers without the consent of the person in control thereof.
3-1-5 PUBLIC SAFETY AND HEALTH
1. Expectorating. No person shall expectorate on the ground or in any structure within the City limits. (Code of Iowa, Sec. 364.1)
2. Putting debris on streets and sidewalks. No person shall throw or deposit on any street or sidewalk any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle. (Code of Iowa, Sec. 321.369)
3. Carrying a concealed weapon. It shall be unlawful for any person to carry under such person’s clothes or concealed about their person or to be found in possession of any slingshot, knuckles of metal or other material, air gun or any other weapon other than a
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knife unless licensed by the Iowa Department of Public Safety or having in possession a permit from the county sheriff. (Code of Iowa, Sec. 724.4)
4. False alarms. No person shall give or cause to be given any false alarm of a fire, nor set fire to any combustible material, or cry or sound an alarm or by any other means without cause.
5. Stench bombs. No person shall throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, on or about a theater, restaurant, car, structure, place of business, or amusement, or any place of public assemblage, or attempt to do any of these acts, or prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted police, military authorities, or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists and other similar persons licensed under the laws of this State; nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.
6. Discharging firearms and fireworks. (Code of Iowa, Sec. 727.2)
a. No person, firm, or corporation shall discharge or fire any cannon, gun, bomb, pistol, air gun, or other firearms or set off or burn firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like construction or any fireworks containing any explosive or inflammable compound, or other device containing any explosive.
b. The City Council may upon application in writing, grant a permit for the display and use of fireworks by any organization or groups of individuals when such fireworks display will be handled by a competent operator.
c. The City Council may, upon application in writing, grant a permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual.
d. In the interest of public health and safety and at such times as approved by the Davis County Sheriff or City Council, the law enforcement officer or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem.
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e. Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes.
7. Possession of fireworks.
a. Definition. The term “fireworks” includes any explosive composition, or combination of explosives, substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion or detonation and includes blank cartridges, firecrackers, torpedoes, sky rockets, Roman Candles or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term “fireworks” does not include gold star-producing sparklers on wires that contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed 1/8 inch in diameter, toy snakes that contain no mercury, or caps used in cap pistols.
b. Prohibition. No person shall possess fireworks except as provided in this chapter.
8. Abandoned Refrigerators. No person shall place, or allow to be placed, any discarded, abandoned, unattended or unused refrigerator, ice box or similar container equipped with an air-tight door or lid, snap lock, or other locking device which cannot be released from the inside, in a location accessible to children, outside any building, dwelling, or within an unoccupied or abandoned building or dwelling, or other structure, under such person’s control without first removing the door, lid, snap lock, or other locking device from said icebox, refrigerator or similar container. This provision applies equally to the owner of any such refrigerator, icebox or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain. (Code of Iowa, Sec. 727.3)
9. Impersonating an officer. No person shall falsely represent themself or falsely assume to be any law enforcement officer, judge or magistrate. It shall be unlawful to wear or adopt the uniform or insignia of any law enforcement officer on any street or public place. (Code of Iowa, Sec. 718.2)
10. Harassment of city employees.
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a. It shall be unlawful for any person to willfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any City employee from the performance of any official duty.
b. It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any City employee or to any member of the employee’s family during the course of, or as a result of, the performance of any official duty by said City employee.
11. Antenna and radio wires. No person shall allow, locate or maintain any antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk or public property. (Code of Iowa, Sec. 364.12(2))
12. Barbed wire. No person shall install, allow to be installed or use barbed wire without the consent of the City Council. (Code of Iowa, Sec. 364.1)
13. Playing in streets. No person shall coast, sled or play games on streets or highways except in areas blocked off by the Davis County Sheriff or City Council for such purposes. (Code of Iowa, Sec. 364.12)
14. Wood and Other Combustible Outdoor Stoves. No person shall install or use an outdoor wood or other combustible burning stove or heating unit unless a chimney is part of the burning unit that extends at least two (2) feet above the height of the nearest structure.
3-1-6 PUBLIC PROPERTY
1. Defacing public grounds. No person shall cut, break or deface any tree or shrub in a public park or on any avenue thereto by willfully defacing, cutting, breaking or injuring, except by the authority of the Mayor. (Code of Iowa, Sec. 364.12(2))
2. Injuring new pavement. No person shall injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement before it is ready for use. (Code of Iowa, 364.12(2))
3. Destroying park equipment. No person shall destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting. (Code of Iowa, Sec. 364.12(2))
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4. Injury to public library books or property. No person shall willfully, maliciously or wantonly tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to any public library or reading room.
5. Defacing or destroying proclamations or notices. No person shall intentionally deface, obliterate, tear down or destroy in whole or in part any transcript or extract from or of any law of the United States or of this State, or any proclamation, advertisement or notification, set up at any place within the City by authority of law or by order of any court, during the time for which the same is to remain set up. (Code of Iowa, Sec. 716.1)
6. Injury to gravestones or property in cemetery. No person shall willfully and maliciously destroy, mutilate, deface, injure or remove any tomb, vault, monument, gravestone or other structure placed in any public or private cemetery, or any fences, railing or other work for the protection, ornamentation of said cemetery, or of any tomb, vault, monument or gravestone, or other structure aforesaid, on any cemetery lot within such cemetery, or willfully and maliciously destroy, cut, break or injure any tree, shrub, plant or lawn within the limits of said cemetery, or drive outside of said avenues and roads, and over the grass or graves of said cemetery. (Code of Iowa, Sec. 716.1)
7. Injury to fire apparatus. No person shall willfully destroy or injure any engines, hose carriage, hose, hook and ladder carriage, or other things used and kept for extinguishment of fires. (Code of Iowa, Sec. 716.1)
8. Injury to city ambulance or paramedic apparatus. No person shall willfully destroy or injure any ambulance or paramedic unit, equipment or other things used to administer medical care.
9. Obstructing or defacing roads. No person shall obstruct, deface or injure any public road by breaking up, plowing or digging within the boundary lines thereof, except by written authorization of the Mayor. (Code of Iowa, Sec. 716.1)
10. Injury to roads, railways, and other utilities. No person shall maliciously injure, remove or destroy any electric railway or apparatus belonging thereto, or any bridge, rail or plank road; or place or cause to be placed, any obstruction on any electric railway, or on any such bridge, rail or plank road; or willfully obstruct or injure any public road or highway; or maliciously cut, burn, or in any way break down, injure or destroy any post or pole used in connection with any system of electric lighting, electric railway, or telephone or telegraph system; or break down and destroy or injure and deface any electric light, telegraph or telephone instrument; or in any way cut, break or
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injure the wires of any apparatus belonging thereto; or willfully without proper authorization tap, cut, injure, break, disconnect, connect, make any connection with, or destroy any of the wires, mains, pipes, conduits, meters or other apparatus belonging to, or attached to, the power plant or distributing system of any electric light plant, electric motor, gas plant or water plant; or aid or abet any other person in so doing. (Code of Iowa, Sec. 716.1)
11. Tapping into utility transmission cables. No person shall connect to any transmission cable without first obtaining permission from the owner of the cable. (Code of Iowa, Sec. 727.8)
12. Obstructing ditches and breaking levees. No person shall divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or break down any levee established, constructed, or maintained under any provision of law. (Code of Iowa, Sec. 716.1)
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NUISANCES 3-2
TITLE III COMMUNITY PROTECTION
CHAPTER 2 NUISANCES
3-2-1 Definitions 3-2-7 Request for Hearing and Appeal
3-2-2 Nuisances Prohibited 3-2-8 Abatement in Emergency
3-2-3 Other Conditions Regulated 3-2-9 Abatement by Municipality
3-2-4 Notice to Abate Nuisance or Condition 3-2-10 Collection of Cost of Abatement
3-2-5 Contents of Notice to Abate 3-2-11 Installment Payment of Cost of Abatement
3-2-6 Method of Service 3-2-12 Condemnation of Nuisance
3-2-1 DEFINITIONS
For use in this ordinance, the following terms are defined:
1. The term “nuisance” means whatever is injurious to health, indecent, or unreasonably offensive to the senses or an obstacle to the free use of property, so as essentially to unreasonably interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances: (Code of Iowa, Sec. 657.1)
a. The erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture, which by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public. (Code of Iowa, Sec. 657.2(1))
b. The causing or suffering any offal, filth, or noisome substance to accumulate or to remain in any place to the prejudice of others. (Code of Iowa, Sec. 657.2(2))
c. The obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water. (Code of Iowa, Sec. 657.2(3))
d. The polluting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others. (Code of Iowa, Sec. 657.2(4))
e. The obstructing or encumbering by fences, buildings, or otherwise the public roads, private ways, streets, alleys, commons, landing places, or burying grounds. (Code of Iowa, Sec. 657.2(5))
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f. Houses of ill fame, kept for the purpose of prostitution and lewdness, gambling houses, or houses resorted to for the use of controlled substances or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others. (Code of Iowa, Sec. 657.2(6))
g. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof, especially near intersecting streets. (Code of Iowa, Sec. 657.2(7))
h. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees in the city.
i. Any object or structure hereafter erected within 1,000 feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation, including take-off and landing. (Code of Iowa, Sec. 657.2(8))
j. The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, bones, and paper, by any person, including a dealer in such articles, unless it be in a building of fire resistant construction. (Code of Iowa, Sec. 657.2(9))
k. The emission of dense smoke, noxious fumes, or fly ash. (Code of Iowa, Sec. 657.2(10))
l. Dense growth of all weeds, grasses, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard including any City owned property between the abutting property line and the street right-of-way. (Code of Iowa, Sec. 657.2(11))
m. Trees infected with Dutch elm disease. (Code of Iowa, Sec. 657.2(12))
n. Effluent from septic tank or drain field running or ponding on the ground in the open.
o. Any article or substance placed upon a street, alley, sidewalk, public ground, or in any ditch, waterway, or gutter so as to obstruct the drainage. (Code of Iowa, Sec. 716.1)
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p. Accumulations of rubbish or trash tending to harbor vermin, rodents, and rank growth of weeds or other vegetation and plants, which is conducive to hazard. (Code of Iowa, Sec. 657.2)
2. The term “property owner” means the contract purchaser if there is one of record, otherwise the record holder of legal title. (Code of Iowa, Sec. 364.12)
3-2-2 NUISANCES PROHIBITED
The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided in this chapter. (Code of Iowa, Sec. 657.3)
3-2-3 OTHER CONDITIONS REGULATED
The following actions are required and may also be abated in the manner provided in this ordinance:
1. The removal of diseased trees or dead wood, but not diseased trees and dead wood outside the lot and property lines and inside the curb lines upon the public street. (Code of Iowa, Sec. 364.12(3)(b))
2. The removal, repair, or dismantling of dangerous buildings or structures. (Code of Iowa, Sec. 364.12(3)(c))
3. The numbering of buildings. (Code of Iowa, Sec. 364.12(3)(d))
4. The connection to public drainage systems from abutting property when necessary for public health or safety. (Code of Iowa, Sec. 364.12(3)(e))
5. The connection to public sewer systems from abutting property, and the installation of sanitary toilet facilities and removal of other toilet facilities on such property. (Code of Iowa, Sec. 364.12(3)(f))
6. The cutting or destruction of weeds or other growth which constitutes a health, safety, or fire hazard. (Code of Iowa, Sec. 364.12(3)(g))
7. The maintenance, by the property owner, of all property outside the lot and property lines and inside the curb lines upon public streets, including maintaining a fifteen (15) foot clearance above the street from trees extending over the streets, except as provided in section 3-2-3(1).
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3-2-4 NOTICE TO ABATE NUISANCE OR CONDITION
Whenever the Mayor or other authorized municipal officer finds that a nuisance or other condition exists which is listed in Section 3, the Mayor or officer shall cause to be served upon the property owner as shown by the records of the County Auditor a written notice to abate the nuisance within a reasonable time after notice. (Code of Iowa, Sec. 364.12(3)(h)) 3-2-5 CONTENTS OF NOTICE TO ABATE The notice to abate shall contain: (Code of Iowa, Sec. 364.12(3)(h))
1. A description of what constitutes the nuisance or other condition.
2. The location of the nuisance or condition.
3. A statement of the act or acts necessary to abate the nuisance or condition.
4. A reasonable time within which to complete the abatement.
5. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.
3-2-6 METHOD OF SERVICE
The notice may be served by certified mail or personal service to the property owner as shown by the records of the County Auditor. (Code of Iowa, Sec. 364.12(3)(h))
3-2-7 REQUEST FOR HEARING AND APPEAL
Any person ordered to abate a nuisance or condition may have a hearing with the officer ordering the abatement as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered.
At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance or prohibited condition exists. If the officer finds that a nuisance or prohibited condition exists, the officer must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal shall be heard before the City Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be ordered abated within a time reasonable under the circumstances.
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3-2-8 ABATEMENT IN EMERGENCY
If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action that may be required under this chapter without prior notice, and assess the costs as provided herein, after notice to the property owner under the applicable provision of Sections 3-2-4 and 3-2-5 and hearing as provided in Section 3-2-7. (Code of Iowa, Sec. 364.12(3)(h))
3-2-9 ABATEMENT BY MUNICIPALITY
If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk, who shall pay such expenses on behalf of the municipality. (Code of Iowa, Sec. 364.12(3)(h))
3-2-10 COLLECTION OF COST OF ABATEMENT
The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the City Clerk shall certify the costs to the County Treasurer and they shall then be collected with, and in the same manner, as general property taxes. (Code of Iowa, Sec. 364.12(3)(h))
3-2-11 INSTALLMENT PAYMENT OF COST OF ABATEMENT
If the amount expended to abate the nuisance or condition exceeds $100, the City may permit the assessment to be paid in up to ten annual installments, to be paid in the same manner and at the same rate of interest charged delinquent real estate taxes by the County Treasurer. (Code of Iowa, Sec. 364.13)
3-2-12 CONDEMNATION OF NUISANCE
The City may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property under Section 364.7 of the Iowa Code by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. (Code of Iowa, Sec. 364.12A)
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TRAFFIC CODE 3-3
TITLE III COMMUNITY PROTECTION
CHAPTER 3 TRAFFIC CODE
3-3-1 Short Title
3-3-2 Definitions
3-3-3 Traffic Accident Reports
3-3-4 County Sheriff/Law Enforcement Officer to Submit Annual Reports
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
3-3-5 Authority of Police and Fire Department Officials
3-3-6 Required Obedience to Provisions of this chapter and State Law
TRAFFIC CONTROL DEVICES
3-3-7 Authority to Install Traffic-Control Devices
3-3-8 City Council/ County Sheriff to Designate Crosswalks, Establish and Mark Traffic Lanes
3-3-9 Play Streets
SPEED REGULATIONS
3-3-10 Changing State Speed Limits in Certain Zones
TURNING MOVEMENTS
3-3-11 Turning Markers, Buttons and Signs
3-3-12 Authority to Place Restricted Turn Signs
3-3-13 Obedience to No-Turn Signs
3-3-14 “U” Turns
ONE-WAY STREETS AND ALLEYS
3-3-15 Authority to Designate One-Way Streets and Alleys
3-3-16 One-Way Streets and Alleys
3-3-17 Authority on Streets During Certain Periods SPECIAL STOPS REQUIRED
3-3-18 Full Stop Required at Designated Locations
3-3-19 Yield Right-of-Way at Designated Locations
3-3-20 Signs Required – Form and Placement
3-3-21 Stop When Traffic Is Obstructed 3-3-22 School Stops
PEDESTRIANS’ RIGHTS AND DUTIES
3-3-23 Prohibited Crossing
3-3-24 Pedestrians on Left
METHOD OF PARKING
3-3-25 Standing or Parking Close To Curb
3-3-26 Standing or Parking on the Left-hand Side of One-Way Streets
3-3-27 Signs or Markings Indicating Angle Parking
3-3-28 Obedience to Angle Parking Signs or Markings
STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES
3-3-29 Stopping, Standing or Parking Prohibited in Specified Places
3-3-30 Authority to Paint Curbs and Erect Signs Prohibiting Standing or Parking
3-3-31 Authority to Impound Vehicles
STOPPING, STANDING OR PARKING
3-3-32 Parking Signs Required
3-3-33 Parking During Snow Emergency
3-3-34 All-Night Parking Prohibited 3-3-35 Truck Parking Limited
MISCELLANEOUS DRIVING RULES
3-3-36 Vehicles Not to be Driven on Sidewalks
3-3-37 Clinging to Vehicles
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3-3-38 Parking for Certain Purposes
3-3-39 Driving Through Funeral or Other Procession
3-3-40 Drivers in a Procession
3-3-41 Funeral Processions to be Identified
3-3-42 Load Restrictions Upon Vehicles Using Certain Streets
3-3-43 Truck Routes
3-3-44 Vehicular Noise 3
-3-45 Engine and Compression Brakes
BICYCLE REGULATIONS
3-3-46 Definitions
3-3-47 Traffic Code Applies to Persons Riding Bicycles
3-3-48 Riding on Bicycles
3-3-49 Riding on Roadways and Bicycle Paths
3-3-50 Speed
3-3-51 Emerging from Alley or Driveway
3-3-52 Carrying Articles 3-3-53 Parking
3-3-54 Riding on Sidewalks 3-3-55 Lamps and Other Equipment on Bicycles
SNOWMOBILES
3-3-56 Snowmobile Definitions
3-3-57 Permitted Areas of Operation
3-3-58 Regulations
3-3-59 Equipment Required
3-3-60 Unattended Vehicles
3-3-61 Restriction of Operation
3-3-62 Traffic Regulation
OFF-ROAD VEHICLES
3-3-63 Definitions
3-3-64 Prohibitions
GOLF CARTS
3-3-68 Definitions
3-3-69 Registration of Golf Carts
3-3-70 Operation of Golf Carts
PENALTIES AND PROCEDURE ON ARREST
3-3-71 Citation Placed on Illegally Parked Vehicle
3-3-72 Presumption in Reference to Illegal Parking
3-3-73 Local Parking Fines
3-3-74 Failure to Pay Parking Citations
3-3-1 SHORT TITLE
This chapter may be known and cited as the “Traffic Code”.
3-3-2 DEFINITIONS
Where words and phrases used in this chapter are defined in Chapter 321 of the Code of Iowa, such definitions shall apply to this ordinance.
1. “Park and parking” means the stopping or standing of a vehicle, except for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.
2. “Stand or standing” means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.
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3. “Stop”, when required means complete cessation of movement.
4. “Stop or stopping”, when prohibited, means any halting of a vehicle, even momentarily, 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.
5. “Business districts” means: the territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business.
6. “Residential districts” means all areas of the City not included in business districts. (Code of Iowa, Sec. 321.1)
3-3-3 TRAFFIC ACCIDENT REPORTS
The driver of a vehicle involved in an accident within the limits of this City shall file a report as and when required by the Iowa Department of Transportation. A copy of this report shall be filed with the Davis County Sheriff. All such reports shall be for the confidential use of the police department and shall be subject to the provisions of Section 321.271 of the Code of Iowa.
The City shall maintain a suitable system of filing traffic accident reports. (Code of Iowa, Sec. 321.266)
3-3-4 POLICE DEPARTMENT TO SUBMIT ANNUAL REPORTS
The Davis County Sheriff shall prepare annually a traffic report which shall be filed with the Mayor. Such report shall contain information on traffic matters in this City concerning the number of traffic accidents, the number of persons killed or injured, the number and nature of violations, and other pertinent traffic data including the plans and recommendations for future traffic safety activities.
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
3-3-5 AUTHORITY OF THE SHERIFF AND FIRE DEPARTMENT OFFICIALS
Provisions of this chapter and the Iowa law relating to motor vehicles and law of the road shall be enforced by the officers of the Davis County Sheriff. The officers of the sheriff’s department are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of a fire or other emergency, officers of the sheriff’s department may direct traffic as conditions require notwithstanding the provisions of the traffic laws. Officers of the fire department may direct or assist the police in directing traffic threat or in the immediate vicinity. (Code of Iowa, Sec. 321.229)
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3-3-6 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW
Any person who shall willfully fail or refuse to comply with any lawful order of a police officer or direction of a fire department officer during a fire, or who fails to abide by the provisions of this chapter and the applicable provisions of the following Iowa statutes relating to motor vehicles and the law of the road is in violation of this chapter. These sections of the Code are adopted by reference:
1. 321.98 Operation without registration.
2. 321.180 Violations of instruction permit limitations.
3. 321.193 Violation of conditions of restricted license.
4. 321.194 Violation of conditions of minor’s school license.
5. 321.216 Unlawful use of license.
6. 321.218 Driving without a valid license (as to simple misdemeanor offenses only).
7. 321.219 Permitting unauthorized minor to drive.
8. 321.220 Permitting unauthorized person to drive.
9. 321.229 Failure to comply with lawful order of peace officer.
10. 321.231 Failure of driver of emergency vehicle to exercise caution while on emergency run (stop signs and signals).
11. 321.232 Radar jamming devices.
12. 321.234 Failure to observe seating requirements.
13. 321.236 (Parking) Violation of local ordinance (not a state offense).
14. 321.256 Failure to obey traffic control device.
15. 321.257 Failure to obey or yield to pedestrian or to official traffic control signal.
16. 321.260 Unlawful possession of, or interference with traffic control device.
17. 321.264 Striking unattended vehicle.
18. 321.265 Striking fixtures upon a highway.
19. 321.275 Motorcycle and motorized bicycles violations.
20. 321.277 Reckless driving.
21. 321.278 Drag racing prohibited.
22. 321.285 Speed restrictions.
23. 321.286 Truck speed limits (highway).
24. 321.287 Bus speed limits (highway).
25. 321.288 Failure to maintain control.
26. 321.294 Failure to maintain minimum speed when directed by officer.
27. 321.295 Excessive speed on bridge.
28. 321.297 Driving on wrong side of two-way highway.
29. 321.298 Failure to yield half of roadway upon meeting vehicle.
30. 321.299 Passing on wrong side.
31. 321.303 Unsafe passing.
32. 321.304 Unlawful passing.
33. 321.305 Violating one-way traffic designation.
34. 321.306 Improper use of lanes.
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35. 321.307 Following too closely.
36. 321.308 Following too closely (trucks and towing vehicles).
37. 321.309 Failure to use approved draw-bar.
38. 321.310 Unlawful towing of four-wheeled trailer.
39. 321.311 Turning from improper lane.
40. 321.312 Making U-turn on curve or hill.
41. 321.313 Unsafe starting of a stopped vehicle.
42. 321.314 Unsafe turn or failure to give signal.
43. 321.315 Failure to give continuous turn signal.
44. 321.316 Failure to signal stop or rapid deceleration.
45. 321.317 Signal light requirements; see equipment violation.
46. 321.318 Incorrect hand signal.
47. 321.319 Failure to yield to vehicle on right.
48. 321.320 Failure to yield upon left turn.
49. 321.321 Failure to yield upon entering through highway.
50. 321.322 Failure to obey stop or yield sign.
51. 321.323 Unsafe backing on highway.
52. 321.324 Failure to yield to emergency vehicle.
53. 321.325 Pedestrian disobeying traffic control signal.
54. 321.326 Pedestrian walking on wrong side of highway.
55. 321.327 Pedestrian right-of-way.
56. 321.328 Pedestrian failing to use crosswalk.
57. 321.329 Vehicle failing to yield to pedestrian.
58. 321.331 Soliciting ride from within roadway.
59. 321.332 Unlawful use of white cane.
60. 321.333 Failure to yield to blind person.
61. 321.340 Driving in or through safety zone.
62. 321.341 Failure to properly stop at railroad crossing.
63. 321.342 Failure to obey stop sign at railroad crossing.
64. 321.343 Failure to stop certain cargo or passenger vehicle at railroad crossing.
65. 321.344 Unlawful movement of construction equipment across railroad track.
66. 321.353 Unsafe entry into sidewalk or roadway.
67. 321.354 Stopping on traveled part of highway.
68. 321.358 Stopping, standing, or parking where prohibited.
69. 321.360 Prohibited parking in front of certain buildings.
70. 321.361 Parking too far from curb/angular parking.
71. 321.362 Parking without stopping engine and setting brake.
72. 321.363 Driving with obstructed view or control.
73. 321.365 Coasting upon downgrade.
74. 321.366 Improper use of median, curb, or controlled access facility.
75. 321.367 Failure to maintain distance fire-fighting vehicle.
76. 321.368 Crossing unprotected fire hose.
77. 321.369 Putting debris on highway/roadway.
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78. 321.370 Removing injurious material.
79. 321.371 Clearing up wrecks.
80. 321.372 School bus provisions.
81. 321.377 Excessive speed of school bus.
82. 321.381 Driving or towing unsafe vehicle.
83. 321.382 Operating under powered vehicle.
84. 321.383 Failure to display reflective device on slow-moving vehicles.
85. 321.384 Failure to use headlamps when required.
86. 321.385 Insufficient number of headlamps.
87. 321.386 Insufficient number of headlamps-motorcycles and motorized bicycles.
88. 321.387 Improper rear lamp.
89. 321.388 Improper registration plate lamp.
90. 321.389 Improper rear reflector.
91. 321.390 Reflector requirements.
92. 321.391 Improper type of reflector.
93. 321.392 Improper clearance lighting on truck or trailer.
94. 321.393 Lighting device color and mounting.
95. 321.394 No lamp or flag on rear-projecting load.
96. 321.395 Parking on certain roadways without parking lights.
97. 321.397 Improper light on bicycle.
98. 321.398 Improper light on other vehicle.
99. 321.402 Improper use of spotlight.
100. 321.403 Improper use of auxiliary driving lights.
101. 321.404 Improper brake light.
102. 321.408 Back-up lamps.
103. 321.409 Improperly adjusted headlamps.
104. 321.415 Failure to dim.
105. 321.419 Improper head-lighting when night driving.
106. 321.420 Excessive number of driving lights.
107. 321.422 Lights of improper color-front or rear.
108. 321.423 Special light/signal provision.
109. 321.430 Defective braking equipment.
110. 321.431 Brake performance ability.
111. 321.432 Defective audible warning device.
112. 321.433 Unauthorized use of emergency audible warning devices on motor vehicle.
113. 321.434 Use of siren or whistle on bicycle.
114. 321.436 Defective or unauthorized muffler system.
115. 321.437 Mirrors.
116. 321.438 Windshields.
117. 321.439 Defective windshield wiper.
118. 321.440 Defective tires.
119. 321.441 Unauthorized use of metal tire or track.
120. 321.442 Unauthorized use of metal projection on wheels.
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121. 321.444 Failure to use safety glass.
122. 321.445 Failure to maintain or use safety belts.
123. 321.446 Failure to secure child.
124. 321.449 Special regulations.
125. 321.450 Hazardous materials.
126. 321.454 Width and length violations.
127. 321.455 Excessive side projection of load – passenger vehicle.
128. 321.456 Excessive height.
129. 321.457 Excessive length.
130. 321.458 Excessive projection from front of vehicle.
131. 321.459 Excessive weight – dual axels (each over 2000 lb. over).
132. 321.460 Spilling loads on highways.
133. 321.461 Excessive tow-bar length.
134. 321.462 Failure to use required towing equipment.
135. 321.463 Maximum gross weight.
136. 321.466 Gross weight in excess of registered gross weight (for each 2000 lb. over).
TRAFFIC CONTROL DEVICES
3-3-7 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES
The City Council or the Davis County Sheriff shall cause to be placed and maintained traffic control devices when and as required under this chapter or other Ordinances of this City to make effective their provisions, and may so cause to be placed and maintained such additional, emergency, or temporary traffic-control devices for the duration of an emergency or temporary condition as traffic conditions may require, to regulate traffic under the traffic Ordinances of this City or under State law or to guide or warn traffic.
The city shall keep a record of all traffic-control devices maintained by the city.
All traffic-control devices shall comply with current standards established by the Manual of Uniform Traffic Control Devices for Streets and Highways. (Code of Iowa, Sec. 321.255 and 321.256)
3-3-8 CITY COUNCIL OR COUNTY SHERIFF TO DESIGNATE CROSSWALKS, ESTABLISH, AND MARK TRAFFIC LANES
The City Council or Davis County Sheriff is hereby authorized:
1. To designate and maintain by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require.
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2. To mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic Code of this City. Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of a lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.
3-3-9 PLAY STREETS
The City Council or the Davis County Sheriff has the authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.
Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon the street or any portion thereof except drivers of vehicles having business or whose residences are within the closed area, and then the driver shall exercise the greatest care in driving upon the street or portion thereof.
SPEED REGULATIONS
3-3-10 CHANGING STATE SPEED LIMITS IN CERTAIN ZONES
It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law upon the following streets or portions thereof is greater or less than is necessary for the safe operation of vehicles thereon, and it is declared that the maximum speed limit upon these streets or portions thereof described shall be as follows:
1. Increased speed limit:
2. Lower speed limit:
(Code of Iowa, Sec. 321.290)
TURNING MOVEMENTS
3-3-11 TURNING MARKERS, BUTTONS AND SIGNS
The City Council or the Davis County Sheriff may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct, as traffic conditions require, that a different course from that specified by the State law be traveled by vehicles turning at intersections, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons, or signs, including right-hand turns at intersections with automatic traffic signals. (Code of Iowa, Sec. 321.311)
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3-3-12 AUTHORITY TO PLACE RESTRICTED TURN SIGNS
The City Council or the Davis County Sheriff is authorized to determine those intersections, as traffic conditions require, at which the drivers of vehicles shall not make a right or left turn. The making of turns may be prohibited between certain hours of any day, in which event the same shall be plainly indicated on signs.
3-3-13 OBEDIENCE TO NO-TURN SIGNS
Whenever authorized signs are erected indicating that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.
3-3-14 “U” TURNS
It shall be unlawful for a driver to make a “U” turn except at an intersection. “U” turns are prohibited at intersections within the business district and at intersections where there are automatic traffic signals.
ONE-WAY STREETS AND ALLEYS
3-3-15 AUTHORITY TO DESIGNATE ONE-WAY STREETS AND ALLEYS
Whenever any traffic Code of this City designates any one-way street or alley the City Council or the Davis County Sheriff shall cause to be placed and maintained signs giving notice thereof and the regulation shall not be effective unless the signs are in place. Signs indicating the direction of traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers or other devices placed in accordance with this section.
3-3-16 ONE-WAY STREETS AND ALLEYS
Upon the following streets and alleys vehicular traffic shall move only in the indicated direction:
3-3-17 AUTHORITY TO RESTRICT DIRECTION OF MOVEMENT ON STREETS DURING CERTAIN PERIODS
The City Council shall determine, or the Davis County Sheriff is authorized to determine and recommend to the Council, certain streets, or specified lanes thereon, upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall, upon authority given by Ordinance, place and maintain appropriate markings, signs, barriers, or other devices to give notice thereof. The City Council or Davis County Sheriff may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.
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It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers, or other devices placed in accordance with this section.
The following streets may have variable laning or direction of traffic at different times of day as marked by authorized signs under the provisions of this section:
SPECIAL STOPS REQUIRED
3-3-18 FULL STOP REQUIRED AT DESIGNATED LOCATIONS
The driver of any vehicle about to enter any one of the following named streets from the designated intersection or side street shall first bring such vehicle to a full stop, and shall yield the right-of-way to other vehicles which have already entered the intersection on said street, or which are approaching said intersection so closely as to constitute a hazard, but said driver, having so yielded, may then proceed cautiously and with due care may enter said street:
A. Entering South Washington from Seymour Street
B. Entering South Washington from Chestnut Street
C. Entering South Polk from Chestnut Street
D. Entering North Washington from West Walnut Street
E. Entering North Washington from North Street
F. Entering North Jefferson from East Walnut Street
G. Entering North Jefferson from West Walnut Street
H. Entering North Madison from East Walnut Street, (both on the northeast and the southwest corners of said intersection)
I. Entering North Polk from East Walnut (both on the northeast and southwest corners of said intersection)
J. Entering North Jefferson from Railroad Way
K. Entering 180th Street from South Washington Street
L. Entering 180th Street from South Jefferson Street
M. Entering 180th Street from South Madison Street
N. Entering 180th Street from South Polk Street
O. Entering 180th Street from Drake Avenue – note: Drake Avenue runs on the south Side of 180th Street
P. Entering 180th Street from North Washington Street
Q. Entering 180th Street from North Jefferson Street
R. Entering 180th Street from North Madison Street
S. Entering 180th Street from North Polk Street
3-3-19 YIELD RIGHT-OF-WAY AT DESIGNATED LOCATIONS
The driver of any vehicle about to enter any of the following designated streets for an intersecting side street shall yield the right-of-way to other vehicles which have already entered the intersection or which are approaching said intersections so closely on said street as to
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constitute a hazard, but said driver, having so yielded, may then proceed cautiously and with due care may enter said street as follows:
A. Entering on Jefferson from Seymour Street
B. Entering on Chestnut from Jefferson Street (both on the northwest and the southeast corners of said intersection)
C. Entering on Chestnut from Madison Street.
3-3-20 SIGNS REQUIRED – FORM AND PLACEMENT
The Street Commission of the City shall cause to be erected Stop Signs at the places above referred to requiring a stop, where the intersection side streets enter the aforesaid designated streets, and which said signs shall bear the inscription, “STOP”. The Street Commission shall cause to be erected yield signs at the places above designated as yield prior to entering upon the designated street. Said signs shall be inscribed, “Yield”.
3-3-21 STOP WHEN TRAFFIC IS OBSTRUCTED
Notwithstanding any traffic-control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.
3-3-22 SCHOOL STOPS
When a vehicle approaches an authorized school stop, the driver shall bring the vehicle to a full stop at a point ten feet from the approach side of the crosswalk marked by an authorized school stop sign, and thereafter proceed in a careful and prudent manner until the driver shall have passed such school site.
PEDESTRIANS’ RIGHTS AND DUTIES
3-3-23 PROHIBITED CROSSING
Pedestrians crossing a street in the business district shall cross in the crosswalks only. (Code of Iowa, Sec. 321.327)
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3-3-24 PEDESTRIANS ON LEFT
Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided pedestrians at all times when walking on or along a roadway, shall walk on the left side of the roadway. (Code of Iowa, Sec. 321.326)
METHOD OF PARKING
3-3-25 STANDING OR PARKING CLOSE TO CURB
No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets. (Code of Iowa, Sec. 321.361)
3-3-26 STANDING OR PARKING ON THE LEFT-HAND SIDE OF ONE-WAY STREETS
No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking. (Code of Iowa, Sec. 321.361)
3-3-27 SIGNS OR MARKINGS INDICATING ANGLE PARKING
The City Council or Davis County Sheriff, as traffic conditions require, shall determine upon what streets angle parking shall be permitted and shall mark or sign the streets or portions thereof indicating the method of angle parking. The determination shall be subject to approval by Council resolution. (Code of Iowa, Sec. 321.361)
3-3-28 OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS
Upon those streets or portions of streets that have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by the signs and markings.
STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES
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3-3-29 STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES
No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (Code of Iowa, Sec. 321.358)
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. Within five (5) feet of either side of the point on the curb nearest to a fire hydrant.
5. On a crosswalk.
6. Within ten (10) feet upon the approach to any flashing beacon, stop sign, or trafficcontrol signal located at the side of the roadway.
7. Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.
8. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted.
9. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic.
10. On the roadway side of any vehicle stopped or parked at the edge or curb of street.
11. Opposite the entrance to a garage or driveway in such a manner or under such conditions as to leave available less than twenty (20) feet of the width of the roadway for the free movement of vehicular traffic.
12. Upon any street or in any alley in any part of the City in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway of such street or alley for the free movement of vehicular traffic, except when necessary in obedience to traffic regulations or traffic signs, or signals of a police officer.
13. At any place where official signs or curb markings prohibit stopping, standing or parking.
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14. Within ten (10) feet of the crosswalk at all intersections within the City.
15. In an alley under any fire escape at any time.
3-3-30 AUTHORITY TO PAINT CURBS AND ERECT SIGNS PROHIBITING STANDING OR PARKING
When, because of restricted visibility or when standing or parked vehicles constitute a hazard to moving traffic, or when other traffic conditions require, the City Council or Davis County Sheriff may cause curbings to be painted with a yellow or orange color and erect “no parking” or “standing” signs. It shall be unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or sign-posted. It shall be unlawful for any person, other than after having first secured the permission of the City Council or Davis County Sheriff, to paint any curbing, sidewalk or street with yellow or orange colored paint or to erect “no parking” signs. (Code of Iowa, Sec. 321.358(10))
3-3-31 AUTHORITY TO IMPOUND VEHICLES
Members of the Davis County Sheriff are authorized to remove, or cause to be removed, a vehicle from a street, public alley, or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Sheriff’s department, or otherwise maintained by the City, under the following circumstances:
1. When a vehicle is upon a roadway and 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.
2. When any vehicle is left unattended upon a street and constitutes a definite hazard or obstruction to the normal movement of traffic.
3. When any vehicle is left parked upon a street for a continuous period of forty-eight hours or more. A diligent effort shall first be made to locate the owner. If the owner is found, the owner shall be given the opportunity to remove the vehicle.
4. When any vehicle is left parked in violation of a ban on parking during a snow emergency as proclaimed by the Mayor.
In addition to the penalties hereinafter provided, the owner or driver of any vehicle impounded for violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing charges and storage.
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STOPPING, STANDING OR PARKING
3-3-32 PARKING SIGNS REQUIRED
Whenever by this or any other chapter of this City Code any parking time limit is imposed or parking is prohibited on designated streets or portions of streets it shall be the duty of the City Council or the Davis County Sheriff to erect appropriate signs giving notice thereof and the regulations shall not be effective unless signs are erected and in place at the time of any alleged offense. When signs are erected giving notice thereof, no person shall disobey the restrictions stated on such signs. (Code of Iowa, Sec. 321.236)
3-3-33 PARKING DURING SNOW EMERGENCY
No person shall park, abandon, or leave unattended any vehicle on any public street, alley, or City-owned off-street parking area during any snow emergency proclaimed by the Mayor unless the snow has been removed or plowed from said street, alley or parking area and the snow has ceased to fall. A snow emergency parking ban shall continue from its proclamation through the duration of the snow or ice storm and the forty-eight hour period after cessation of the storm except as above provided upon streets which have been fully opened.
The ban shall be of uniform application and the City Clerk or the Davis County Sheriff is directed to publicize the requirements widely, using all available news media, in early November each year. When predictions or occurrences indicate the need, the Mayor shall proclaim a snow emergency and the City Clerk or the Davis County Sheriff shall inform the news media to publicize the proclamation and the parking rules under the emergency. Such emergency may be extended or shortened when conditions warrant. (Code of Iowa, Sec. 321.236)
3-3-34 ALL-NIGHT PARKING PROHIBITED
No person, except physicians, other public officials on emergency calls or patrons of businesses during business hours while the business is open to the public, shall park a vehicle on any city street for a period of time longer than thirty minutes between the hours of 10:00 p.m. and 5:00 a.m. of any day. Since the prohibition of this subsection is of city-wide applicability, it shall apply without the necessity of marking or signing any streets to give further noticed of this citywide prohibition on all-night parking.
3-3-35 TRUCK PARKING LIMITED
Trucks licensed for five tons or more shall not be parked longer than two (2) hours with no overnight parking at the following locations on the streets named: Main Street.
MISCELLANEOUS DRIVING RULES
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3-3-36 VEHICLES NOT TO BE DRIVEN ON SIDEWALKS
The driver of a vehicle shall not drive upon or within any sidewalk area.
3-3-37 CLINGING TO VEHICLES
No person shall drive a motor vehicle on the streets of this City unless all passengers of the vehicle are inside the vehicle in the place intended for their accommodation. No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
3-3-38 PARKING FOR CERTAIN PURPOSES PROHIBITED
No person shall park a vehicle upon the roadway for the principal purpose of:
1. Displaying such vehicle for sale.
2. Displaying advertising.
3. Selling merchandise from the vehicle except in a duly established market place or when so authorized or licensed under the Ordinances of this City.
4. Storage or as junk or dead storage for more than forty-eight hours.
3-3-39 DRIVING THROUGH FUNERAL OR OTHER PROCESSION
No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.
3-3-40 DRIVERS IN A PROCESSION
Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe.
3-3-41 FUNERAL PROCESSIONS TO BE IDENTIFIED
A funeral procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police department.
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3-3-42 LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS
When signs are erected giving notice thereof, no person shall operate any vehicle licensed in excess of the amounts specified on the signs at any time upon any of the following streets within the City and none other:
3-3-43 TRUCK ROUTES
1. Every motor vehicle licensed for five tons or more, having no fixed terminal within the City or making no scheduled or definite stops within the City for the purpose of loading or unloading, shall travel over or upon the following streets within the City and none other:
2. Any motor vehicle licensed for five tons or more, having a fixed terminal, making a scheduled or definite stop within the City for the purpose of loading or unloading, shall proceed over or upon the designated routes set out in this section to the nearest point of its scheduled or definite stop and shall proceed thereto, load or unload and return, by the most direct route to its point of departure from the designated route.
3. The owner, or any other person, employing or otherwise directing the driver of any vehicle shall not require or knowingly permit the operation of such vehicle upon a street in any manner contrary to this section.
3-3-44 VEHICULAR NOISE
1. It shall be unlawful for any person to make, continue or cause any disturbing, excessive or offensive noise which results in discomfort or annoyance to any reasonable person of normal sensitivity by means of radio, compact disk player, stereo, speakers, cassette tape player or similar sound device in a motor vehicle.
2. The operation of any radio, compact disk player, stereo, speakers, cassette tape player or similar sound device in such a manner so as to be audible at a distance of two hundred (200′) from the motor vehicle shall constitute evidence of a prima facie violation of this section.
3-3-45 ENGINE AND COMPRESSION BRAKES
1. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the City, any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle.
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2. The usage of an engine brake, compression brake or mechanical exhaust device designed to aid in braking or deceleration in such a manner so as to be audible at a distance of three hundred feet (300′) from the motor vehicle shall constitute evidence of a prima facie violation of this section.
BICYCLE REGULATIONS
3-3-46 DEFINITIONS
For the purpose of this chapter the following terms are defined:
1. “Bicycles” shall mean either of the following:
a. 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.
b. A device having two or more wheels with fully operable peddles and an electric motor 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. (Code of Iowa, Sec. 321.1)
3-3-47 TRAFFIC CODE APPLIES TO PERSONS RIDING BICYCLES
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to drivers of vehicles by the laws of this State regarding rules of the road applicable to vehicles or by the traffic Ordinances of this City applicable to drivers of vehicles, except as to those provisions which by their nature can have no application. Whenever a person dismounts from a bicycle such person shall be subject to all regulations applicable to pedestrians.
3-3-48 RIDING ON BICYCLES
A person propelling a bicycle shall not ride other than astride a permanent and regular seat.
No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
3-3-49 RIDING ON ROADWAYS AND BICYCLE PATHS
Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
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Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
3-3-50 SPEED
No person shall operate a bicycle at a speed greater than is reasonable and prudent under existing conditions.
3-3-51 EMERGING FROM ALLEY OR DRIVEWAY
The operators of a bicycle emerging from an alley, driveway, or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.
3-3-52 CARRYING ARTICLES
No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand upon the handle bars.
3-3-53 PARKING
Bicycles shall be parked upon the roadway of a street against the curb, or upon the sidewalk in a rack to support bicycles, or against a building, or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.
3-3-54 RIDING ON SIDEWALKS
No person shall ride a bicycle on a sidewalk within a business district.
When signs are erected on a sidewalk or roadway prohibiting the riding of bicycles on the sidewalk or roadway, no person shall disobey such signs.
Whenever a person is riding a bicycle upon a sidewalk, the person shall yield the right of way to any pedestrian and shall give a timely audible signal before overtaking and passing a pedestrian.
3-3-55 LAMPS AND OTHER EQUIPMENT ON BICYCLES
Every bicycle when in use at nighttime shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type that is visible from all distances from 50 feet to 300 feet to the rear when directly in
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front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.
SNOWMOBILES
3-3-56 SNOWMOBILE DEFINITIONS
1. “Snowmobile” means a self-propelled vehicle designed for travel on snow or ice in a natural terrain steered by wheels, skis or runners.
2. “Operate” means to control the operation of a snowmobile.
3. “Operator” means a person who operates or is in actual control of a snowmobile.
3-3-57 PERMITTED AREAS OF OPERATION
Snowmobiles will be allowed to operate in the City as follows:
The route established herein shall be the only permitted snowmobile route and the snowmobiles shall be operated within the roadways of said public streets and shall also be subject to the following regulations.
3-3-58 REGULATIONS
It shall be unlawful for any person to operate a snowmobile under the following circumstances:
1. On private property of another without the express permission to do so by the owner or occupant of said property.
2. On public school grounds, park property, playgrounds, recreational areas and golf courses without express permission to do so by the proper public authority.
3. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
4. In a careless, reckless or negligent manner so as to endanger the safety of any person or property of any other person.
5. Without having such snowmobile registered as provided for by Iowa Statute except that this provision shall not apply to the operation of a snowmobile on the private property of the owner by the owner or a member of his immediate family.
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6. Within the right-of-way of any public street or alley within the City unless the operator shall have a valid driver’s license; or an instruction permit and accompanied by a qualified licensed driver.
7. No person shall operate a snowmobile in the City from eleven o’clock (11:00) p.m. to ten o’clock (10:00) a.m., except for the purpose of loading and unloading a snowmobile from another vehicle or trailer.
3-3-59 EQUIPMENT REQUIRED
All snowmobiles operated within the City shall have the following equipment:
1. Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle and no person shall use a muffler cut-out, by-pass or similar device on said vehicle.
2. Adequate brakes in good operating condition and at least one headlight and one taillight in good operating condition.
3. A safety or so-called “dead-man” throttle in operating condition; a safety or “dead-man” throttle is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to be disengaged from the driving track.
3-3-60 UNATTENDED VEHICLES I
t is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or the key left in the ignition.
3-3-61 RESTRICTION OF OPERATION
The City Council may, by resolution, prohibit the operation of snowmobiles within the right-of-way of the public roads, streets or alley or other City property within the City when the public safety and welfare so requires.
3-3-62 TRAFFIC REGULATION
Each person operating a snowmobile shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of any police officer of the City authorized to direct or regulate traffic.
OFF-ROAD VEHICLES
3-3-63 DEFINITIONS
For use in this chapter the following terms are defined:
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1. “All-terrain vehicle” (ATV) 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 321l.1, but does not include farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles. (Code of Iowa, Sec 321.1)
Off-road motorcycles shall be considered all-terrain vehicles for the purpose of registration. Off-road motorcycles shall also be considered all-terrain vehicles for the purpose of titling if a title has not previously been issued pursuant to Chapter 321. An operator of an off-road motorcycle is subject to provisions governing the operation of all-terrain vehicles in this chapter, but is exempt from the safety instruction and certification program requirements of Sections 321I.25 and 321I.26.
2. “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain. “Offroad motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321, but which contains design features that enable operation over natural terrain.
3. “Off-road utility vehicle” means a motorized flotation-tire vehicle with not less than four and not more than six low-pressure tires that is limited in engine displacement to less than one thousand five hundred cubic centimeters and in total dry weight to not more than one thousand eight hundred pounds and that has a steering wheel for control. (Code of Iowa, Sec. 321I.1(1))
3-3-64 PROHIBITIONS
No person shall operate an ATV, off-road motorcycle or off-road utility vehicle in the city.
GOLF CARTS
3-3-68 DEFINITIONS
For use in this ordinance “golf cart” is defined as a motorized 4-wheeled vehicle designed to transport person(s) on a golf course.
3-3-69 REGISTRATION OF GOLF CARTS
Golf carts may be operated on City streets by persons possessing a valid driver’s license provided that the golf cart is registered with the City of Drakesville and special permit is obtained from the City Hall each year. The golf cart’s make, model, and serial number must be
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provided at the time of registration. Upon payment of the $20.00 per golf cart registration fee, the City of Drakesville shall issue a registration sticker which shall be affixed to the rear of the golf cart in a clear and visible location. Failure to properly obtain a golf cart registration sticker shall be punishable by a fine of $50.00
3-3-70 OPERATION OF GOLF CARTS
A golf cart shall not be operated upon a City street which is a primary road extension, i.e., State or Federal highway, but shall be allowed to cross a City street which is a primary road extension through the City. Golf carts shall not be operated on 180th Ave at any time.
The golf cart shall be equipped with adequate brakes, a slow-moving vehicle sign, and a bicycle safety flag. The golf cart shall be operated only on the streets from sunrise to sunset. Golf carts operated on City streets need not be registered under Chapter 321 of the Code of Iowa
PENALTIES AND PROCEDURE ON ARREST
3-3-71 CITATION PLACED ON ILLEGALLY PARKED VEHICLE
Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by any Ordinance of this City or State law, the officer finding such vehicle shall prepare a written parking citation giving the registration number, and other identifying information to such vehicle in a conspicuous place and directing the driver of the vehicle to appear at the place designated in the citation within seven days, or to pay the local scheduled fine established by the section titled “LOCAL PARKING FINES” in this chapter at the City Clerk’s office as provided therein.
3-3-72 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING
In any prosecution charging a violation of any parking Ordinance or State law governing the standing, stopping, or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such Ordinance or law, together with proof that the defendant named in the complaint was at the time of such parking violation the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which such violation occurred.
3-3-73 LOCAL PARKING FINES
Scheduled fines as follows are established, payable by mail or in person at the City Clerk’s office within thirty days of the violation, for the following parking violations:
1. Overtime parking $5.00
2. Prohibited parking, except $5.00 Prohibited all-night parking
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3. No parking zone $5.00
4. Blocking alley $5.00
5. I llegal parking $5.00
6. Street cleaning $5.00
7. Snow removal ban $5.00
8. Prohibited all-night parking $50.00
9. Persons with disabilities parking $ 200.00
(Code of Iowa, Sec. 321L.4(2))
3-3-74 FAILURE TO PAY PARKING CITATIONS
If a violator of the restrictions on stopping, standing, or parking under the parking Ordinances of this City or of State law fails to make payment of the scheduled fine as specified on a parking citation affixed to such motor vehicle within the thirty (30) days, the City shall send the owner of the motor vehicle to which the parking citation was affixed a letter informing the owner of the violation and warning that in the event the penalty is not paid within five days from date of mailing, a court citation will be issued requiring a court appearance and subjecting the violator to court costs.
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FIRE PROTECTION 3-4
TITLE III COMMUNITY PROTECTION
CHAPTER 4 FIRE PROTECTION
3-4-1 Establishment and Purpose 3-4-4 Worker’s Compensation and Hospitalization Insurance
3-4-2 Volunteer Fire Fighters 3-4-5 Liability Insurance
3-4-3 Fire Fighter’s Duties 3-4-6 Fires Outside City Limits
3-4-1 ESTABLISHMENT AND PURPOSE
A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency. (Code of Iowa, Sec. 364.16)
3-4-2 VOLUNTEER FIRE FIGHTERS
At least five (5) but not more than twenty (20) residents of Davis County, Iowa, at least age sixteen (16) shall be appointed to serve as a volunteer fire fighter. Prior to appointment as a volunteer fire fighter and every four years thereafter a volunteer fire fighter must pass a medical physical examination. (Code of Iowa, Sec. 362.10)
3-4-3 FIRE FIGHTER’S DUTIES
When called by the Fire Chief, all fire fighters shall report for duty immediately in the manner directed by the Fire Chief. All firefighters shall be subject to call at any time. Firefighters shall obey strictly the commands of any other fire fighter who has been appointed by the Fire Chief to be in command temporarily. Fire fighters shall report for training as ordered by the Fire Chief. (Code of Iowa, Sec. 372.13(4))
3-4-4 WORKER’S COMPENSATION AND HOSPITALIZATION INSURANCE
The City Council shall contract to insure the City against liability for worker’s compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer fire fighters. All volunteer fire fighters shall be covered by the contract.
3-4-5 LIABILITY INSURANCE
The City Council shall contract to insure against liability of the City or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties.
3-4-6 FIRES OUTSIDE CITY LIMITS
The department shall answer calls to fires and other emergencies outside the City limits in those areas commonly known as Drakesville Township, Soap Creek Township, Fox River Township,
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and parts of Marion Township as per agreement with said townships, also providing assistance to other emergency agencies as per the fire department mutual aid agreement. (Code of Iowa, Sec. 364.16)
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CURFEW FOR MINORS 3-5
TITLE III COMMUNITY PROTECTION
CHAPTER 5 CURFEW FOR MINORS
3-5-1 Preamble 3-5-4 Offenses
3-5-2 Findings and Purpose 3-5-5 Defenses
3-5-3 Definitions 3-5-6 Enforcement
3-5-1 PREAMBLE
The City of Drakesville recognizes that all citizens including minors have certain inalienable rights and that among them are the rights of liberty and the pursuit of happiness. Further, all citizens including minors have the right to freedom of religion, freedom of speech, freedom of assembly, and of association. This section should be interpreted to avoid any construction that would result in the appearance of interference with the free exercise of religious worship and political association and this ordinance shall not be construed to mean that the City intends to interfere with a minor’s freedom of association for political, economic, religious, or cultural matters or association for purposes such as marches, demonstrations, picketing, or prayer vigils which are otherwise lawful and peaceful assemblies. (Code of Iowa, Sec. 364.1)
3-5-2 FINDINGS AND PURPOSE
The City Council has determined that there has been an increase in juvenile violence and crime by persons under the age of 18 in the City of Drakesville; and
Persons under the age of 18 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and
The City of Drakesville has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities. 3-5-3 DEFINITIONS In this chapter:
1. Curfew hours means 11:00 p.m. until 6:00 a.m.
2. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
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3. Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
4. Guardian means:
a. A person who, under court order, is the guardian of the person of a minor; or
b. A public or private agency with whom a minor has been placed by a court.
5. Minor means any person under age 18 years of age.
6. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
7. Parent means a person who is:
a. A biological parent, adoptive parent, or step-parent of another person; or
b. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
8. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
9. Remain means to:
a. Linger or stay; or
b. Fail to leave premises when requested to do so by a sheriff’s officer or the owner, operator, or other person in control of the premises.
10. Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.
3-5-4 OFFENSES
1. A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the City during curfew hours.
2. A parent or guardian of a minor commits an offense if they knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.
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3. The owner, operator, or any employee of an establishment commits an offense if they knowingly allow a minor to remain upon the premises of the establishment during curfew hours. 3-5-5 DEFENSES 1. It is a defense to prosecution under this chapter that the minor was:
a. Accompanied by the minor’s parent or guardian;
b. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Davis County Sheriff about the minor’s presence;
g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Drakesville, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Drakesville, a civic organization, or another similar entity that takes responsibility for the minor;
h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
i. Married or had been married.
2. It is a defense to prosecution under Subsection 3-5-4(3) that the owner, operator, or employee of an establishment promptly notified the Davis County Sheriff that a minor was present on the premises of the establishment during curfew hours and refused to leave.
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CURFEW FOR MINORS 3-5
3-5-6 ENFORCEMENT
1. Before taking any enforcement action under this section, a sheriff’s officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 3-5-5 is present.
2. A minor who is in violation of this ordinance shall be reunited with the minor’s parent or guardian or custodian or other adult taking the place of the parent or shall be taken home by the sheriff’s officers of the City of Drakesville.
“Editor’s Note: The courts have carefully scrutinized curfew Ordinances and before enacting such an Ordinance, you should consult with your City Attorney. See Maquoketa v. Russell, 484 N.W. 2nd, 179 (Iowa 1992) and Quit v. Strauss, 8 F2d 260 (1993).”
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REGULATING PEDDLERS, ETC. 3-6
TITLE III COMMUNITY PROTECTION
CHAPTER 6
REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
3-6-1 Definitions 3-6-6 Consumer Protection Law
3-6-2 Exemptions 3-6-7 Bond Required
3-6-3 Permits 3-6-8 Obstruction of Pedestrian or Vehicular Traffic
3-6-4 Requirements 3-6-9 Display of Permit
3-6-5 Hours of Solicitation 3-6-10 Permit Not Transferable
3-6-11 Revocation of Permit
3-6-1 DEFINITIONS
For use in this chapter, the following terms are defined as follows:
1. A “peddler” is any person carrying or transporting goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house-to-house or upon the public street.
2. A “solicitor” is any person who solicits or attempts to solicit from house-to-house or upon public streets orders for commercial goods, wares, subscriptions, publications, periodicals, merchandise, or services to be delivered or fulfilled at a future date.
For the purposes of this chapter, “solicitor” does not include a person who contacts another person at such person’s residence without prior invitation to enlist support for or against, or solicit funds for patriotic, philanthropic, charitable, political, or religious purposes, whether or not there is an incidental purpose involving the sale of some goods or service.
3. A “transient merchant” includes every merchant, whether an individual person, a firm, corporation, partnership, or association, who brings or causes to be brought within the municipality any goods, wares, or merchandise of any kind, nature, or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares, or merchandise. Temporary association with a local merchant, dealer, trader, or auctioneer, for conducting such transient business in connection with, as part of, or in the name of any local merchant, dealer, trader, or auctioneer, does not exempt any such person, firm, or corporation from being considered a transient merchant.
The provisions of this chapter shall not be construed to apply to persons selling at wholesale to merchants, nor to persons running a huckster wagon, or selling or distributing livestock feeds, fresh meats, fish, fruit, or vegetables, nor to persons selling their own work or production either by themselves or their employees.
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3-6-2 EXEMPTIONS
The provisions of this chapter shall not apply to nonprofit civic, charitable, religious, or educational groups engaged in retail sale for the purposes of fund raising.
3-6-3 PERMITS
Before any person or organization engages in any of the practices defined herein, they must comply with all applicable ordinances, and must also obtain from the City Clerk a permit in accordance with the provisions of sections 3-6-4 and 3-6-5. This permit shall extend no longer than sixty (60) days. A fee of $5.00 shall be paid at the time of registration to cover the cost of investigation and issuance. (Code of Iowa, Sec. 9C.2)
3-6-4 REQUIREMENTS
Any applicant engaged in any activity described in 3-6-1 of this chapter must file with the City Clerk an application in writing that gives the following information:
1. Name and social security number.
2. Permanent and local addresses and, in case of transient merchants, the local address from which proposed sales will be made.
3. A brief description of the nature of the sales method.
4. Name and address of the firm for or on whose behalf the orders are solicited, or the supplier of the goods offered for sale.
5. Length of time for which the permit is desired.
6. A statement as to whether or not the applicant has been convicted of any crime, and if so, the date, the nature of the offense, and the name of the court imposing the penalty.
7. Motor vehicle make, model, year, color, and registration number, if a vehicle is to be used in the proposed solicitation.
3-6-5 HOURS OF SOLICITATION
No person may conduct those activities described in section 3-6-1 except between the hours of 9:00 a.m. and 6:00 p.m. on each day, and no solicitation shall be done on Sundays or legal holidays.
3-6-6 CONSUMER PROTECTION LAW
All solicitors and peddlers shall be informed of, agree to comply with, and comply with the State law, Section 555A.3, Code of Iowa, requiring a notice of cancellation to be given in duplicate, properly filled out, to each buyer to whom such person sells a product or service and, comply with the other requirements of the law.
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3-6-7 BOND REQUIRED
Before a permit under this chapter is issued, each person subject to this ordinance shall post with the Clerk, a bond, by a surety company authorized to insure the fidelity of others in Iowa, in the amount of $1,000 to the effect that the registrant and the surety consent to the forfeiture of the principal sum of the bond or such part thereof as may be necessary:
(1) to indemnify the City for any penalties or costs occasioned by the enforcement of this chapter, and
(2) to make payment of any judgment rendered against the registrant as a result of a claim or litigation arising out of or in connection with the registrant’s peddling or solicitation. The bond shall not be retired until one year from the expiration of the permit.
3-6-8 OBSTRUCTION OF PEDESTRIAN OR VEHICULAR TRAFFIC
No person, while engaged in any of the practices described in section 3-6-1, shall block or obstruct the path of any pedestrian or vehicular traffic, or block or obstruct any way of ingress or egress to roads, buildings, or other enclosures or conveyances, including, but not limited to, vehicles, elevators, and escalators.
3-6-9 DISPLAY OF PERMIT
Each solicitor or peddler shall at all times while doing business in this City keep in his or her possession the permit provided for in Section 3-6-3 of this chapter, and shall, upon the request of prospective customers, exhibit the permit as evidence that he or she has complied with all requirements of this chapter. Each transient merchant shall display publicly the permit in his or her place of business.
3-6-10 PERMIT NOT TRANSFERABLE
Permits issued under the provisions of this chapter are not transferable in any situation and are to be applicable only to the person filing the application.
3-6-11 REVOCATION OF PERMIT
The City Council after notice and hearing may revoke any permit issued under this ordinance where the permitee in the application for the permit or in the course of conducting his or her business has made fraudulent or incorrect statements or has violated this ordinance or has otherwise conducted business in an unlawful manner.
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CIGARETTE LICENSE 3-7
TITLE III COMMUNITY PROTECTION
CHAPTER 7 CIGARETTE LICENSE
3-7-1 Definitions 3-7-6 Refunds
3-7-2 Permit Required 3-7-7 Suspension; Revocation; Civil Penalty
3-7-3 Issuance 3-7-8 Permits not Transferable
3-7-4 Expiration 3-7-9 Display
3-7-5 Fees
3-7-1 DEFINITIONS
For use in this chapter the following terms are defined as follows:
1. “Cigarette” means any roll for smoking made wholly or in part of tobacco or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material. However, this definition shall not be construed to include cigars. (Code of Iowa, Sec. 453A.1(3))
2. “Retailer” means and includes every person in this State who sells, distributes, or offers for sale for consumption, or possess for the purpose of sale for consumption, cigarettes irrespective of quality or amount or the number of sales. (Code of Iowa, Sec. 453A.1(21))
3. “Place of business” means and includes any place where cigarettes are sold or where cigarettes are stored, within or without the State of Iowa, by the holder of an Iowa permit or kept for the purpose of sale or consumption; or if sold from any vehicle or train, the vehicle or train on which or from which such cigarettes are sold shall constitute a place of business. (Code of Iowa, Sec. 453A.1(19))
3-7-2 PERMIT REQUIRED
No retailer shall distribute, sell, or solicit the sale of any cigarettes within the City of Drakesville, Iowa, without a valid permit for each place of business. The permit shall be displayed publicly in the place of business so that it can be seen easily by the public. (Code of Iowa, Sec. 453A.13)
3-7-3 ISSUANCE
The City Council shall issue or renew a permit, upon a determination that such issuance or renewal will not be detrimental to the public health, safety, or morals, when a retailer who is not a minor has filed with the City Clerk a completed application on forms provided by the State Department of Revenue and Finance and accompanied by the fee provided in Section 3-7-5. (Code of Iowa, Sec. 453A.13(2)(a))
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CIGARETTE LICENSE 3-7
3-7-4 EXPIRATION
Permits expire on June 30 of each year. (Code of Iowa, Sec. 453A.13(3))
3-7-5 FEES
The fee for permits issued or renewed in July, August, or September is $ 75.00. The fee for permits issued in October, November, or December is $ 56.25; in January, February or March, $ 37.50; and in April, May or June, $ 18.75. (Code of Iowa, Sec. 453A.13(3))
3-7-6 REFUNDS
A retailer may surrender an unrevoked permit in July, August, or September for a refund of $ 56.25; in October, November, or December, for $ 37.50; or in January, February, or March, for $ 18.75. (Code of Iowa, Sec. 453A.13(4)) 3-7-7 SUSPENSION; REVOCATION; CIVIL PENALTY
1. If a retailer or employee of a retailer has violated Section 453A.2, 453A.36, subsection 6 or 453A.39, Code of Iowa, the City Council, in addition to the other penalties fixed for such violations in this section, shall assess a penalty after giving the permit holder an opportunity to be heard, upon ten (10) days written notice, stating the reasons for the contemplated action and the time and place at which the person may appear and be heard, as follows:
a. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days.
b. For a second violation within a period of two (2) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) or the retailer’s permit shall be suspended for a period of thirty (30) days. The retailer may select its preference in the penalty to be applied under this paragraph.
c. For a third violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer’s permit shall be suspended for a period of thirty (30) days.
d. For a fourth violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer’s permit shall be suspended for a period of sixty (60) days.
e. For a fifth violation within a period of four (4) years, the retailer’s permit shall be revoked.
f. If an employee of a retailer violates section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection 2, and the violation shall be deemed not to be a
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violation of section 453A.2, subsection 1, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 2, if the employee holds a valid certificate of completion of the tobacco compliance employee training program pursuant to section 453A.2A at the time of the violation. A retailer may assert only once in a four (4) year period the bar under either this subsection or subsection 4 against assessment of a penalty pursuant to subsection 2, for a violation of section 453A.2, that takes place at the same place of business location.
g. If an employee of a retailer violates section 453A.2, subsection 1, the retailer shall not be assessed a penalty under subsection 2, and the violation shall be deemed not to be a violation of section 453A.2, subsection 1, for the purpose of determining the number of violations for which a penalty may be assessed pursuant to subsection 2, if the retailer provides written documentation that the employee of the retailer has completed an in-house tobacco compliance employee training program or a tobacco compliance employee training program which is substantially similar to the I Pledge program which is approximately one (1) hour in length as developed by the alcoholic beverages division of the Department of Commerce. A retailer may assert only once in a four (4) year period the bar under this subsection against assessment of a penalty pursuant to subsection 2, for a violation of section 453A.2, that takes place at the same place of business location.
2. If a retail permit is suspended or revoked under this section, the suspension or revocation shall only apply to the place of business at which the violation occurred and shall not apply to any other place of business to which the retail permit applies but at which the violation did not occur.
3. The City Clerk shall report the suspension or revocation of a retail permit under this section to the Iowa Department of Public Health within thirty (30) days of the suspension or revocation of any retail permit. (Code of Iowa, Sec. 453A.22)
3-7-8 PERMITS NOT TRANSFERABLE
A permit shall not be transferable to another place of business or retailer. However, if a retailer who holds a valid permit moves the place of business, the City Council, if it decides to issue a new permit for the new place of business, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a refund for surrender of the original permit.
3-7-9 DISPLAY
The permit shall be displayed in the place of business so that it can be seen easily by the public. (Code of Iowa, Sec. 453A.13(10))
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ALCOHOLIC BEVERAGES 3-8
TITLE III COMMUNITY PROTECTION
CHAPTER 8 ALCOHOLIC BEVERAGES
3-8-1 Purpose
3-8-2 Required Obedience to Provisions of this chapter and State Law
3-8-3 Action by Council
3-8-4 Transfers
3-8-1 PURPOSE
The purpose of this chapter is to provide for administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer, wine, and liquor, for the protection of the safety, health, and general welfare of this community. (Code of Iowa, Sec. 364.1)
3-8-2 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW
The following sections of the Iowa Code are hereby adopted by reference:
1. 123.2 and 123.3 General Prohibition and Definitions
2. 123.18 Favors From Licensee or Permittee
3. 123.22 State Monopoly
4. 123.28 Restrictions on Transportation
5. 123.30 Liquor Control Licenses – Classes
6. 123.31 Application Contents
7. 123.33 Records
8. 123.34 Expiration – License or Permit
9. 123.35 Simplified Renewal Procedure
10. 123.36 Liquor Fees – Sunday Sales
11. 123.38 Nature of Permit or License – Surrender – Transfer
12. 123.39 Suspension or Revocation of License or Permit – Civil Penalty
13. 123.40 Effect of Revocation
14. 123.44 Gifts of Liquors Prohibited
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15. 123.46 Consumption in Public Places – Intoxication – Right to Chemical Test Notifications – Exoneration
16. 123.47 Persons Under The Legal Age – Penalty
17. 123.49 Miscellaneous Prohibitions
18. 123.50 Criminal and Civil Penalties
19. 123.51 Advertisements for Alcoholic Liquor, Wine or Beer
20. 123.52 Prohibited Sale
21. 123.90 Penalties Generally
22. 123.95 Premises Must Be Licensed – Exception as to Conventions and Social Gatherings
23. 123.122 through 123.145 Beer Provisions (Division II)
24. 123.150 Sunday Sales Before New Year’s Day
25. 123.171 through 123.182 Wine Provisions (Division V)
26. 321.284 Open Containers in Motor Vehicles – Drivers
27. 321.284A Open Containers in Motor Vehicles – Passengers
3-8-3 ACTION BY COUNCIL
The City Council shall approve or disapprove the application. Action taken by the City Council shall be endorsed on the application. The application, fee, penal bond, and certificate of dram shop liability insurance (if applicable) shall be forwarded to the Iowa Alcoholic Beverages Division for further action as provided by law. (Code of Iowa, Sec. 123.32(2))
3-8-4 TRANSFERS
The City Council may, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the City, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and the transfer will not result in the violation of any law or Ordinance. An applicant for a transfer shall file with the application for transfer proof of dram shop liability insurance and penal bond covering the premises to which the license is to be transferred. (Code of Iowa, Sec. 123.38)
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JUNK AND ABANDONED VEHICLES 3-10
TITLE III COMMUNITY PROTECTION
CHAPTER 10 JUNK AND ABANDONED VEHICLES
3-10-1 Purpose 3-10-8 Junk Vehicles Declared a Nuisance
3-10-2 Definitions 3-10-9 Notice to Abate
3-10-3 Removal of Abandoned Vehicles 3-10-10 Abatement by Municipality
3-10-4 Notification of Owners and Lien Holders 3-10-11 Collection of Cost of Abatement
3-10-5 Impoundment Fees and Bonds 3-10-12 Exceptions
3-10-6 Hearing Procedures 3-10-13 Interference with Enforcement
3-10-7 Auction or Disposal of Abandoned Vehicles
3-10-1 PURPOSE
The purpose of this chapter is to protect the health, safety, and welfare of the citizens and safety of property of this City by providing for removal of abandoned motor vehicles and the elimination of the open storage of abandoned and junk motor vehicles and machinery except in authorized places. (Code of Iowa, Sec. 364.1)
3-10-2 DEFINITIONS
For the purpose of this chapter, the following terms are defined as follows:
1. “Abandoned vehicle” means any of the following:
a. A vehicle that has been left unattended on public property for more than twenty-four hours and lacks current registration plates or two or more wheels or other parts which render the vehicle inoperable; or unsafe or
b. A vehicle that has remained illegally on public property for more than twenty-four hours; or
c. A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours; or
d. A vehicle that has been legally impounded by order of the Davis County Sheriff and has not been reclaimed for a period of ten (10) days; or
e. Any vehicle parked on the street determined by the Davis County Sheriff to create a hazard to other vehicular traffic. (Code of Iowa, Sec. 321.89(1)(a))
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2. “Private property” means any real property within the City which is not public property as defined in this section.
3. “Public property” means any public right-of-way open for the purposes of vehicular travel.
4. A “junk vehicle” means any vehicle without current license plates or which has any one of the following characteristics:
a. Any vehicle with a broken or cracked windshield, or window or headlight or any other cracked or broken glass.
b. Any vehicle with a broken or loose fender, door or bumper or hood or door handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.
c. Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.
d. Any motor vehicle if it lacks an engine or two or more wheels or other structural parts which render said motor vehicle totally inoperable.
e. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety. (Cedar Falls v. Flett 330 N.W. 2nd 251, 253, Iowa 1983)
5. ” Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.
3-10-3 REMOVAL OF ABANDONED VEHICLES
1. The Davis County Sheriff or Mayor may, without prior notice or hearing, remove and impound any abandoned vehicle as defined in section 3-10-2 (1). The Davis County Sheriff or Mayor may hire other personnel, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.
2. The impoundment and storage of all vehicles pursuant to this chapter shall be in such areas or places designated by the City Council.
3. When a vehicle is taken into custody and impounded under the provisions of this chapter, the Davis County Sheriff or the Mayor if the sheriff is unavailable, shall maintain a record of the vehicle, listing the color, year of manufacture, manufacturer’s
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trade name, body style, vehicle identification number, and license plate and year displayed on the vehicle. The records shall include the date and hour of tow, location towed from, location towed to, person or firm doing the towing, reason for towing, and the name of the officer authorizing the tow. (Code of Iowa, Sec. 321.89(2))
4. Nothing in this chapter shall govern the procedures of any police officer or law enforcement officer in taking into custody and impounding any vehicle to be used or proposed to be used as evidence in a criminal case involving crimes other than violations of this chapter.
3-10-4 NOTIFICATION OF OWNERS AND LIEN HOLDERS
1. When a vehicle is taken into custody under the provisions of this chapter or under any provisions of State law, the Davis County Sheriff or the Mayor if the sheriff is unavailable, shall notify, within three (3) days, by certified mail with five (5) days return receipt, the last known registered owner of the vehicle, all lien holders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall:
a. Describe the year, make, model, and serial number of the vehicle.
b. Describe the personal property found in the vehicle.
c. Describe the location of the facility where the vehicle is being held.
d. Inform the persons receiving notice:
(1) of their right to reclaim the vehicle and personal property within ten (10) days after the effective date of the notice;
(2) that the right can be exercised upon payment of all towing, preservation, notice, and storage charges resulting from placing the vehicle in custody;
(3) that failure of the owner or lien holders to exercise their right to reclaim the vehicle within the reclaiming period shall be deemed a waiver by the owner and all lien holders of all right, title, claim, and interest in the vehicle;
(4) that failure to reclaim the vehicle is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher.
e. State that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the Davis County Sheriff or the assessment of fees and charges
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provided by this chapter may request a hearing to contest these matters in accordance with the provisions of Section 3-10-6.
f. State that a request for a hearing must be in writing and received by the department prior to the expiration of the ten day reclaiming period.
g. State that in the event a hearing is requested immediate release of the vehicle may be obtained by posting a cash bond as required by Section 3-10-5. (Code of Iowa, Sec. 321.89(3)(a))
2. The owner, lien holders or any person receiving notice may, by written request received by the Davis County Sheriff prior to the expiration of the ten day reclaiming period, obtain an additional fourteen (14) days within which the vehicle may be reclaimed. (Code of Iowa, Sec. 321.89(3)(a))
3. Notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet the requirements of this chapter. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailed notice in this section. Published notice shall be used if:
a. the identity of the last registered owner cannot be determined, or
b. the registration contains no address for the owner, or
c. it is impossible to determine with reasonable certainty the identity and address of all lien holders. (Code of Iowa, Sec. 321.89(3)(b))
4. If the persons receiving notice do not request a hearing or exercise their right to reclaim the vehicle or personal property within the reclaiming period, the owner of the vehicle or owners of the personal property shall no longer have any right, title, claim, or interest in or to the vehicle.
5. No court in any case in law or equity shall recognize any right, title, claim, or interest of the owner and lien holders after the ten day reclaiming period. (Code of Iowa, Sec. 321.89(3))
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3-10-5 IMPOUNDMENT FEES AND BONDS
1. Before the owner or other person lawfully entitled to possession of any vehicle that has been impounded under the provisions of this chapter or any other provision of law may recover such vehicle, such person shall present to the Davis County Sheriff or the Mayor if the sheriff is unavailable, evidence of such person’s identity and right to possession of the vehicle, shall sign a receipt for its return, and shall pay the costs of:
a. an impoundment fee
b. towing charges
c. preservation charges
d. storage charges
e. notice charges (Code of Iowa, Sec. 321.89(3)(a))
2. The amount of the charges specified in a-e shall be set by the City Council. The notice charges shall be limited to the actual cost.
3. If a hearing is requested under Section 3-10-4 (1)(e), the owner or person lawfully entitled to possession of the vehicle shall be permitted to secure the immediate release of the vehicle upon posting a cash bond in an amount equal to the sum of:
a. the fees required by Section 3-10-5 (1)
b. the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant. 3-10-6 HEARING PROCEDURES 1. The registered owner, any lienholder of record, or duly authorized agents thereof, may object to the legality of the impoundment or the assessment of fees and request a hearing thereon. No person shall be entitled to more than one hearing on each impoundment. Upon receipt of a timely objection to the impoundment, the objector shall be informed of the reason for the impoundment and a hearing shall be held, without unnecessary delay, before the City Council pursuant to Section 1-4-1 et seq. (Code of Iowa, Sec. 321.89(3)) 3-10-7 AUCTION OR DISPOSAL OF ABANDONED VEHICLES The Davis County Sheriff shall follow the procedures in State law for the auction or disposal of abandoned vehicles. (Code of Iowa, Sec. 321.89(4))
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3-10-8 JUNK VEHICLES DECLARED A NUISANCE
Except as hereinafter provided, it is hereby declared that the parking, leaving, or storage of a junk vehicle upon either public or private property within the corporate limits of the City of Drakesville, Iowa, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk vehicle is stored upon private property or public property in violation thereof, the owner of the property shall be liable for said violation.
3-10-9 NOTICE TO ABATE
1. Whenever the Davis County Sheriff or the Mayor if the sheriff is unavailable, shall find a junk vehicle placed or stored on private property within the City in violation of Section 3-10-8, the Davis County Sheriff shall notify, by certified mail with five (5) days return receipt, the following persons:
a. the owner of the property
b. the occupant of the property
2. The notice to abate shall:
a. describe, to the extent possible, the year, make, model, and color of the vehicle
b. describe the location of the vehicle
c. state that the vehicle constitutes a nuisance under the provisions of this chapter
d. state that the owner of the property shall remove or repair the said junk vehicle within ten (10) days 3-10-10 ABATEMENT BY MUNICIPALITY If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk who shall pay such expenses on behalf of the municipality. (Code of Iowa, Sec. 364.12(3)(h))
3-10-11 COLLECTION OF COST OF ABATEMENT
The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and the costs shall then be collected with, and in the same manner, as general property taxes. (Code of Iowa, Sec. 364.12(3)(h))
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3-10-12 EXCEPTIONS
This chapter shall not apply to the following: 1. A vehicle in an enclosed building.
2. A vehicle on the premises of a business enterprise operated in a district properly zoned therefor, as authorized under the Zoning Ordinance or restricted residence district of this City, when necessary to the operation of said business enterprise.
3. A vehicle in an appropriate storage space or depository maintained in a lawful place and lawful manner by this City. 3-10-13 INTERFERENCE WITH ENFORCEMENT No person shall interfere in any way with the enforcement provision of this chapter.
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DRUG PARAPHERNALIA 3-11
TITLE III COMMUNITY PROTECTION
CHAPTER 11 DRUG PARAPHERNALIA
3-11-1 Definitions
3-11-2 Exemption
3-11-3 Prohibition
3-11-1 DEFINITIONS
As used in this Section, “drug paraphernalia” means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:
1. Manufacture a controlled substance.
2. Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
3. Test the strength, effectiveness, or purity of a controlled substance.
4. Enhance the effect of a controlled substance. (Code of Iowa, Sec. 124.414)
3-11-2 EXEMPTION
“Drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose. (Code of Iowa. Sec. 124.414)
3-11-3 PROHIBITION
It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.
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