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F) Chapters 60 through 81 – Traffic and Vehicles

CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE

60.01 Title 60.05 Reports of Traffic Accidents
60.02 Definitions 60.06 Peace Officer’s Authority
60.03   Administration and Enforcement 60.07 Obedience to Peace Officers
60.04 Power to Direct Traffic 60.08 Parades Regulated

60.01    TITLE.  Chapters 60 through 70 of this Code of Ordinances may be known and cited as the “Belle Plaine Traffic Code” (and are referred to herein as the “Traffic Code.”)

60.02    DEFINITIONS.  Where words and phrases used in the Traffic Code are defined by State law, such definitions apply to their use in said Traffic Code and are adopted by reference.  Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings:

(Code of Iowa, Sec. 321.1)

  1. “Business District” means the territory contiguous to and including a highway when 50 percent or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.
  2. “Crosswalk” includes that portion of a street ordinarily included within the prolongation of the sidewalk lines at intersections, or any other portion of a roadway clearly indicated for a pedestrians’ crossing by lines or other marks on the surface.
  3. “Emergency vehicle” includes fire trucks and vehicles when responding to an emergency call, and police cars when engaged in responding to an emergency, when engaged in the pursuit of or attempting to apprehend a person who has committed a public offense, or when attempting to prevent a public offense.
  4. “Motor vehicle” includes all self-propelled vehicles and every car, bus, truck, motorcycle, motorbike, scooter, golf cart, snowmobile, tractor, or similar device except trains.
  5. “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
  6. “Peace officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
  7. “Pedestrians” means persons who proceed on foot or occupy wheel chairs or like conveyances controlled by pedestrians.
  8. “Residence district” means the territory contiguous to and including a highway not comprising a business, suburban or school district, where 40 percent or more of the frontage on such a highway for a distance of 300 feet or more is occupied by dwellings or by dwellings and buildings in use for business.
  9. “School district” means the territory contiguous to and including a highway for a distance of 200 feet in either direction from a schoolhouse.
  10. “Sidewalk” means that portion of a street between the curb lines adjacent to property lines ordinarily intended for use by pedestrians.
  11. “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
  12. “Stop” means when required, the complete cessation of movement.
  13. “Stop” or “stopping” means when prohibited, 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 peace officer or traffic control sign or signal.
  14. “Street” includes every street, avenue, boulevard, highway, roadway, lane, alley, square, bridge, or place laid out for the use of vehicles.
  15. “Suburban district” means all other parts of the City not included in the business, school, or residence districts.
  16. “Through traffic” or “thru traffic” means traffic that is initiated at a point outside of the local designated zone and does not have a destination within the designated “No Thru Traffic” zone.
  17. “Traffic” includes pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, either singly or together while using any highway for purposes of travel.
  18. “Traffic control device” means all signs, signals, markings, and devices not inconsistent with this chapter, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic.
  19. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, street, or alley.

60.03    ADMINISTRATION AND ENFORCEMENT.  Provisions of this Traffic Code and State law relating to motor vehicles and law of the road are enforced by the Police Department.

(Code of Iowa, Sec. 372.13[4])

60.04    POWER TO DIRECT TRAFFIC.  A peace officer or, in the absence of a peace officer, any officer of the Fire Department when at the scene of a fire, is authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws.  In the event of an emergency, traffic may be directed as conditions require, notwithstanding the provisions of the traffic laws.

(Code of Iowa, Sec. 102.4 & 321.236[2])

60.05    REPORTS OF TRAFFIC ACCIDENTS.  The driver of a vehicle involved in an accident within the limits of the 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 City for the confidential use of peace officers and shall be subject to the provisions of Section 321.271 of the Code of Iowa.

(Code of Iowa, Sec. 321.273)

60.06    PEACE OFFICER’S AUTHORITY.  A peace officer is authorized to stop a vehicle to require exhibition of the driver’s license of the driver, to serve a summons or memorandum of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference to size, weight, cargo, log book, bills of lading or other manifest of employment, tires and safety equipment, or to inspect the registration certificate, the compensation certificate, travel order, or permit of such vehicle.  A peace officer having probable cause to stop a vehicle may require exhibition of the proof of financial liability coverage card issued for the vehicle.

(Code of Iowa, Sec. 321.492)

60.07    OBEDIENCE TO PEACE OFFICERS.  No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control or regulate traffic.

(Code of Iowa, Sec. 321.229)

60.08    PARADES REGULATED.  No person shall conduct or cause any parade on any street except as provided herein:

  1. “Parade” means any march or procession of persons or vehicles organized for marching or moving on the streets in an organized fashion or manner or any march or procession of persons or vehicles represented or advertised to the public as a parade.
  2. Approval Required. No parade shall be conducted without first obtaining approval from the Council.  The person organizing or sponsoring the parade shall provide information concerning the time and date for the parade and the streets or general route therefor, and any approval given to such person includes all participants in the parade, provided they have been invited to participate.
  3. Parade Not a Street Obstruction. Any parade for which approval has been given and the persons lawfully participating therein shall not be deemed an obstruction of the streets, notwithstanding the provisions of any other ordinance to the contrary.
  4. Control by Peace Officers and Firefighters. Persons participating in any parade shall at all times be subject to the lawful orders and directions in the performance of their duties of law enforcement personnel and members of the Fire Department.

° ° ° ° ° ° ° ° ° °

 

CHAPTER 61

TRAFFIC CONTROL DEVICES

61.01 Installation 61.04 Standards
61.02 Crosswalks 61.05 Compliance
61.03 Traffic Lanes  

61.01    INSTALLATION.  The Police Chief shall cause to be placed and maintained traffic control devices when and as required under this Traffic Code or under State law or emergency or temporary traffic control devices for the duration of an emergency or temporary condition as traffic conditions may require to regulate, guide or warn traffic.  The Police Chief shall keep a record of all such traffic control devices.

(Code of Iowa, Sec. 321.255)

61.02    CROSSWALKS.  The Police Chief is hereby authorized, subject to approval of the Council by resolution, to designate and maintain crosswalks by appropriate traffic control devices 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.

(Code of Iowa, Sec. 372.13[4] & 321.255)

61.03    TRAFFIC LANES.  The Police Chief is hereby authorized to mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with this Traffic Code.  Where such traffic lanes have been marked, it is unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

(Code of Iowa, Sec. 372.13[4] & 321.255)

61.04    STANDARDS.  Traffic control devices shall comply with standards established by The Manual of Uniform Traffic Control Devices for Streets and Highways.

(Code of Iowa, Sec. 321.255)

61.05    COMPLIANCE.  No driver of a vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle under Section 321.231 of the Code of Iowa.

(Code of Iowa, Sec. 321.256)

° ° ° ° ° ° ° ° ° °

 

CHAPTER 62

GENERAL TRAFFIC REGULATIONS

62.01 Violation of Regulations 62.05 Quiet Zones
62.02 Play Streets Designated 62.06 Obstructing View at Intersections
62.03 Vehicles on Sidewalks 62.07 Milling
62.04 Clinging to Vehicle 62.08 Horses Prohibited in Business District

62.01    VIOLATION OF REGULATIONS.  Any person who willfully fails or refuses to comply with any lawful order of a peace officer or direction of a Fire Department officer during a fire, or who fails to abide by the applicable provisions of the following Iowa statutory laws relating to motor vehicles and the statutory law of the road is in violation of this section.  These sections of the Code of Iowa are adopted by reference and are as follows:

  1. Section 321.17 – Misdemeanor to violate registration provisions.
  2. Section 321.32 – Registration card, carried and exhibited; exception.
  3. Section 321.37 – Display of plates.
  4. Section 321.38 – Plates, method of attaching, imitations prohibited.
  5. Section 321.57 – Operation under special plates.
  6. Section 321.67 – Certificate of title must be executed.
  7. Section 321.78 – Injuring or tampering with vehicle.
  8. Section 321.79 – Intent to injure.
  9. Section 321.91 – Penalty for abandonment.
  10. Section 321.98 – Operation without registration.
  11. Section 321.99 – Fraudulent use of registration.
  12. Section 321.104 – Penal offenses against title law.
  13. Section 321.115 – Antique vehicles; model year plates permitted.
  14. Section 321.174 – Operators licensed.
  15. Section 321.174A – Operation of motor vehicles with expired license.
  16. Section 321.180 – Instruction permits.
  17. Section 321.180B – Graduated driver’s licenses for persons aged fourteen through seventeen.
  18. Section 321.193 – Restricted licenses.
  19. Section 321.194 – Special minor’s licenses.
  20. Section 321.208A – Operation in violation of out-of-service order.
  21. Section 321.216 – Unlawful use of license and nonoperator’s identification card.
  22. Section 321.216B – Use of driver’s license or nonoperator’s identification card by underage person to obtain alcohol.
  23. Section 321.216C – Use of driver’s license or nonoperator’s identification card by underage person to obtain cigarettes or tobacco products.
  24. Section 321.218 – Operating without valid driver’s license or when disqualified.
  25. Section 321.219 – Permitting unauthorized minor to drive.
  26. Section 321.220 – Permitting unauthorized person to drive.
  27. Section 321.221 – Employing unlicensed chauffeur.
  28. Section 321.222 – Renting motor vehicle to another.
  29. Section 321.223 – License inspected.
  30. Section 321.224 – Record kept.
  31. Section 321.232 – Speed detection jamming devices; penalty.
  32. Section 321.234A – All-terrain vehicles.
  33. Section 321.235A – Electric personal assistive mobility devices.
  34. Section 321.247 – Golf cart operation on City streets.
  35. Section 321.257 – Official traffic control signal.
  36. Section 321.259 – Unauthorized signs, signals or markings.
  37. Section 321.260 – Interference with devices, signs or signals; unlawful possession.
  38. Section 321.262 – Leaving scene of traffic accident prohibited – vehicle damage only – removal of vehicles.
  39. Section 321.263 – Information and aid.
  40. Section 321.264 – Striking unattended vehicle.
  41. Section 321.265 – Striking fixtures upon a highway.
  42. Section 321.266 – Reporting accidents.
  43. Section 321.275 – Operation of motorcycles and motorized bicycles.
  44. Section 321.276 – Use of electronic communication device while driving; text-messaging.
  45. Section 321.277 – Reckless driving.
  46. Section 321.277A – Careless driving.
  47. Section 321.278 – Drag racing prohibited.
  48. Section 321.281 – Actions against bicyclists.
  49. Section 321.284 – Open container; drivers.
  50. Section 321.284A – Open container; passengers.
  51. Section 321.288 – Control of vehicle; reduced speed.
  52. Section 321.295 – Limitation on bridge or elevated structures.
  53. Section 321.297 – Driving on right-hand side of roadways; exceptions.
  54. Section 321.298 – Meeting and turning to right.
  55. Section 321.299 – Overtaking a vehicle.
  56. Section 321.302 – Overtaking and passing.
  57. Section 321.303 – Limitations on overtaking on the left.
  58. Section 321.304 – Prohibited passing.
  59. Section 321.306 – Roadways laned for traffic.
  60. Section 321.307 – Following too closely.
  61. Section 321.308 – Motor trucks and towed vehicles; distance requirements.
  62. Section 321.309 – Towing; convoys; drawbars.
  63. Section 321.310 – Towing four-wheel trailers.
  64. Section 321.312 – Turning on curve or crest of grade.
  65. Section 321.313 – Starting parked vehicle.
  66. Section 321.314 – When signal required.
  67. Section 321.315 – Signal continuous.
  68. Section 321.316 – Stopping.
  69. Section 321.317 – Signals by hand and arm or signal device.
  70. Section 321.318 – Method of giving hand and arm signals.
  71. Section 321.319 – Entering intersections from different highways.
  72. Section 321.320 – Left turns; yielding.
  73. Section 321.321 – Entering through highways.
  74. Section 321.322 – Vehicles entering stop or yield intersection.
  75. Section 321.323 – Moving vehicle backward on highway.
  76. Section 321.323A – Approaching certain stationary vehicles.
  77. Section 321.324 – Operation on approach of emergency vehicles.
  78. Section 321.324A – Funeral processions.
  79. Section 321.329 – Duty of driver; pedestrians crossing or working on highways.
  80. Section 321.330 – Use of crosswalks.
  81. Section 321.332 – White canes restricted to blind persons.
  82. Section 321.333 – Duty of drivers approaching blind persons.
  83. Section 321.340 – Driving through safety zone.
  84. Section 321.341 – Obedience to signal indicating approach of railroad train or railroad track equipment.
  85. Section 321.342 – Stop at certain railroad crossings; posting warning.
  86. Section 321.343 – Certain vehicles must stop.
  87. Section 321.344 – Heavy equipment at crossing.
  88. Section 321.344B – Immediate safety threat; penalty.
  89. Section 321.354 – Stopping on traveled way.
  90. Section 321.359 – Moving other vehicle.
  91. Section 321.362 – Unattended motor vehicle.
  92. Section 321.363 – Obstruction to driver’s view.
  93. Section 321.364 – Vehicles shipping food; preventing contamination by hazardous material.
  94. Section 321.365 – Coasting prohibited.
  95. Section 321.367 – Following fire apparatus.
  96. Section 321.368 – Crossing fire hose.
  97. Section 321.369 – Putting debris on highway.
  98. Section 321.370 – Removing injurious material.
  99. Section 321.371 – Clearing up wrecks.
  100. Section 321.372 – School buses.
  101. Section 321.381 – Movement of unsafe or improperly equipped vehicles.
  102. Section 321.381A – Operation of low-speed vehicles.
  103. Section 321.382 – Upgrade pulls; minimum speed.
  104. Section 321.383 – Exceptions; slow vehicles identified.
  105. Section 321.384 – When lighted lamps required.
  106. Section 321.385 – Head lamps on motor vehicles.
  107. Section 321.386 – Head lamps on motorcycles and motorized bicycles.
  108. Section 321.387 – Rear lamps.
  109. Section 321.388 – Illuminating plates.
  110. Section 321.389 – Reflector requirement.
  111. Section 321.390 – Reflector requirements.
  112. Section 321.392 – Clearance and identification lights.
  113. Section 321.393 – Color and mounting.
  114. Section 321.394 – Lamp or flag on projecting load.
  115. Section 321.395 – Lamps on parked vehicles.
  116. Section 321.398 – Lamps on other vehicles and equipment.
  117. Section 321.402 – Spot lamps.
  118. Section 321.403 – Auxiliary driving lamps.
  119. Section 321.404 – Signal lamps and signal devices.
  120. Section 321.404A – Light-restricting devices prohibited.
  121. Section 321.405 – Self-illumination.
  122. Section 321.408 – Back-up lamps.
  123. Section 321.409 – Mandatory lighting equipment.
  124. Section 321.415 – Required usage of lighting devices.
  125. Section 321.417 – Single-beam road-lighting equipment.
  126. Section 321.418 – Alternate road-lighting equipment.
  127. Section 321.419 – Number of driving lamps required or permitted.
  128. Section 321.420 – Number of lamps lighted.
  129. Section 321.421 – Special restrictions on lamps.
  130. Section 321.422 – Red light in front.
  131. Section 321.423 – Flashing lights.
  132. Section 321.430 – Brake, hitch, and control requirements.
  133. Section 321.431 – Performance ability.
  134. Section 321.432 – Horns and warning devices.
  135. Section 321.433 – Sirens, whistles, and bells prohibited.
  136. Section 321.434 – Bicycle sirens or whistles.
  137. Section 321.436 – Mufflers, prevention of noise.
  138. Section 321.437 – Mirrors.
  139. Section 321.438 – Windshields and windows.
  140. Section 321.439 – Windshield wipers.
  141. Section 321.440 – Restrictions as to tire equipment.
  142. Section 321.441 – Metal tires prohibited.
  143. Section 321.442 – Projections on wheels.
  144. Section 321.444 – Safety glass.
  145. Section 321.445 – Safety belts and safety harnesses; use required.
  146. Section 321.446 – Child restraint devices.
  147. Section 321.449 – Motor carrier safety regulations.
  148. Section 321.449A – Rail crew transport drivers.
  149. Section 321.449B – Texting or using a mobile telephone while operating a commercial motor vehicle.
  150. Section 321.450 – Hazardous materials transportation.
  151. Section 321.454 – Width of vehicles.
  152. Section 321.455 – Projecting loads on passenger vehicles.
  153. Section 321.456 – Height of vehicles; permits.
  154. Section 321.457 – Maximum length.
  155. Section 321.458 – Loading beyond front.
  156. Section 321.460 – Spilling loads on highways.
  157. Section 321.461 – Trailers and towed vehicles.
  158. Section 321.462 – Drawbars and safety chains.
  159. Section 321.463 – Maximum gross weight.
  160. Section 321.465 – Weighing vehicles and removal of excess.
  161. Section 321.466 – Increased loading capacity; reregistration.

62.02    PLAY STREETS DESIGNATED.  The Police Chief shall have authority to declare any street or part thereof a play street and cause to be placed 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 any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

(Code of Iowa, Sec. 321.255)

62.03    VEHICLES ON SIDEWALKS.  The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.

62.04    CLINGING TO VEHICLE.  No person shall drive a motor vehicle on the streets of the City unless all passengers of said vehicle are inside the vehicle in the place intended for their accommodation.  No person riding upon any bicycle, coaster, roller skates, in-line skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

62.05    QUIET ZONES.  Whenever authorized signs are erected indicating a quiet zone, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency.

62.06    OBSTRUCTING VIEW AT INTERSECTIONS.  It is unlawful to allow any tree, hedge, billboard, or other object to obstruct the view of an intersection by preventing persons from having a clear view of traffic approaching the intersection from cross streets.  Any such obstruction is deemed a nuisance and in addition to the standard penalty may be abated in the manner provided by Chapter 50 of this Code of Ordinances.

62.07    MILLING.  It is unlawful to drive or operate a vehicle, either singly or with others, in any processional milling or repeated movement over any street to the interference with normal traffic use, or to the annoyance or offense of any person.

62.08    HORSES PROHIBITED IN BUSINESS DISTRICT.  It is unlawful for any person to ride, lead, or drive any horse on all of that part of Twelfth Street between Seventh Avenue and Twelfth Avenue and all that part of Eighth, Ninth, Tenth and Eleventh Avenues between Eleventh Street and Thirteenth Street, with the exception of parades or special events.

[The next page is 341]

 

CHAPTER 63

SPEED REGULATIONS

63.01 General 63.04 Special Speed Zones
63.02 State Code Speed Limits 63.05 Minimum Speed
63.03 Parks, Cemeteries, and Parking Lots  

63.01    GENERAL.  Every driver of a motor vehicle on a street shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the street and of any other conditions then existing, and no person shall drive a vehicle on any street at a speed greater than will permit said driver to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said street will observe the law.

(Code of Iowa, Sec. 321.285)

63.02    STATE CODE SPEED LIMITS.  The following speed limits are established in Section 321.285 of the Code of Iowa and any speed in excess thereof is unlawful unless specifically designated otherwise in this chapter as a special speed zone.

  1. Business District – 20 miles per hour. The Business District includes all of that part of Twelfth Street between Seventh Avenue and Twelfth Avenue and all that part of Eighth, Ninth, Tenth and Eleventh Avenues between Eleventh Street and Thirteenth Street.
  2. Residence or School District – 25 miles per hour. A school district includes all streets and avenues within 200 feet of any school building or building used for school purposes.  Residential districts are all streets and avenues not included within the Business District, school district, or suburban district.
  3. Suburban District – 45 miles per hour. The suburban district includes so much of Seventh Avenue and Thirteenth Street as comprises Iowa State Highways 212 and 21; so much of Thirteenth Street as comprises Highway 131; so much of Thirteenth Avenue as extends north from Sixteenth Street to the north City limits; so much of First Street as extends east from Seventh Avenue to the east City limits, and so much of First Avenue as extends north of Sixteenth Street to the north City limits; all speed limits in the suburban district shall be subject to the speed limits designated by appropriate signs as decided by agreement and approved by the Iowa Department of Transportation and the City.

63.03    PARKS, CEMETERIES, AND PARKING LOTS.  A speed in excess of 10 miles per hour in any public park, cemetery, or parking lot, unless specifically designated otherwise in this chapter, is unlawful.

(Code of Iowa, Sec. 321.236[5])

63.04    SPECIAL SPEED ZONES.  In accordance with requirements of the Iowa Department of Transportation, or whenever the Council shall determine upon the basis of an engineering and traffic investigation that any speed limit listed in Section 63.02 is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the City street system, the Council shall determine and adopt by ordinance such higher or lower speed limit as it deems reasonable and safe at such location.  The following special speed zones have been established:

(Code of Iowa, Sec. 321.290)

  1. Heavy Industrial District. A speed in excess of 25 miles per hour is unlawful on any of the following designated streets or parts thereof.
  2. Industrial Park Boulevard.
  3. Third Street.
  4. Thirteenth Avenue.
  5. A speed in excess of 35 miles per hour is unlawful from the eastern corporate limits to Thirteenth Avenue.
  6. A speed in excess of 30 miles per hour is unlawful from Thirteenth Avenue west to Seventh Avenue.

63.05    MINIMUM SPEED.  A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation, or in compliance with law.

(Code of Iowa, Sec. 321.294)

[The next page is 347]

 

CHAPTER 64

TURNING REGULATIONS

64.01 Turning at Intersections 64.03 Left Turn for Parking
64.02 U-Turns  

64.01    TURNING AT INTERSECTIONS.  The driver of a vehicle intending to turn at an intersection shall do so as follows:

(Code of Iowa, Sec. 321.311)

  1. Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.
  2. Approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and after entering the intersection the left turn shall be made so as to depart from the intersection to the right of the centerline of the roadway being entered.
  3. Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the centerline of the street being entered upon leaving the intersection.

The Police Chief 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 above 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 such markers, buttons or signs.

64.02    U-TURNS.  It is unlawful for a driver to make a U-turn except at an intersection; however, U-turns are prohibited within the Business District and at intersections where there are automatic traffic signals.

(Code of Iowa, Sec. 321.236[9])

64.03    LEFT TURN FOR PARKING.  No person shall make a left hand turn, crossing the centerline of the street, for the purpose of parking on said street.

° ° ° ° ° ° ° ° ° °

 

CHAPTER 65

STOP OR YIELD REQUIRED

65.01 Stop Required 65.04 Stop Before Crossing Sidewalk
65.02 Yield Required 65.05 Stop When Traffic Is Obstructed
65.03 School Stops 65.06 Yield to Pedestrians in Crosswalks

65.01    STOP REQUIRED.  It is unlawful to drive any vehicle into any intersection designated as a stop intersection without first bringing such vehicle to a full stop.  Those intersections designated as stop intersections are:

(Code of Iowa, Sec. 321.345)

  1. Sixth Avenue entering Third Street from the north.
  2. First Street entering Seventh Avenue from the east.
  3. First Street entering Thirteenth Avenue from the west.
  4. Third Street entering Seventh Avenue from the east.
  5. Fourth Street entering Seventh Avenue from the east.
  6. Fifth Street entering Seventh Avenue from the west.
  7. Sixth Street entering Seventh Avenue from the east.
  8. Seventh Street entering Seventh Avenue from the east and west.
  9. Eighth Street entering Seventh Avenue from the east and the west.
  10. Ninth Street entering Seventh Avenue from the east and the west.
  11. Ninth Street entering Tenth Avenue from the east and the west.
  12. Tenth Street entering Seventh Avenue from the east and the west.
  13. Tenth Street entering Tenth Avenue from the east and the west.
  14. Eleventh Street entering Seventh Avenue from the east and the west.
  15. Eleventh Street entering Eighth Avenue from the east and the west.
  16. Eleventh Street entering Ninth Avenue from the east and the west.
  17. Eleventh Street entering Thirteenth Avenue from the west.
  18. Thirteenth Street entering Seventh Avenue from the east and the west.
  19. Fifteenth Street entering Eighth Avenue from the east and the west.
  20. Fifteenth Street entering Ninth Avenue from the east and the west.
  21. Fifteenth Street entering Iowa Highway 21 from the east.
  22. Fifteenth Street at either of two junctions entering Twelfth Street Extension (V40) from the north and the west.
  23. Fifteenth Street entering Thirteenth Avenue from the east and the west.
  24. Fifteenth Street entering Sunset Drive from the east and the west.
  25. Sixteenth Street entering First Avenue from the east and the west.
  26. Sixteenth Street entering Fifth Avenue from the east and the west.
  27. Sixteenth Street entering Seventh Avenue from the east and the west.
  28. Sixteenth Street entering Eighth Avenue from the east and the west.
  29. Sixteenth Street entering Ninth Avenue from the east and the west.
  30. Sixteenth Street entering Eleventh Avenue from the east and the west.
  31. Sixteenth Street entering Thirteenth Avenue from the west.
  32. Seventeenth Street entering Seventh Avenue from the east and the west.
  33. Seventeenth Street entering Eleventh Avenue from the west.
  34. Eighteenth Street entering Ninth Avenue from east and the west.
  35. Eighteenth Street entering Eleventh Avenue from east and the west.
  36. Nineteenth Street entering Seventh Avenue from the east.
  37. Nineteenth Street entering Eleventh Avenue from the west.
  38. Nineteenth Street entering Thirteenth Avenue from the west.
  39. Twenty-First Street entering Seventh Avenue from the east and the west.
  40. Twenty-First Street entering Thirteenth Avenue from the east and the west.
  41. First Avenue entering Eighth Street from the north.
  42. First Avenue entering Thirteenth Street (Iowa Highway 21) from the north.
  43. First Avenue entering Twenty-First Street from the south.
  44. Second Avenue entering Eighth Street from the north.
  45. Second Avenue entering Thirteenth Street (Iowa Highway 21) from the north.
  46. Third Avenue entering Eighth Street from the north.
  47. Third Avenue entering Thirteenth Street (Iowa Highway 21) from the north.
  48. Fourth Avenue entering Eighth Street from the north and the south.
  49. Fourth Avenue entering Thirteenth Street (Iowa Highway 21) from the north.
  50. Fifth Avenue entering Eighth Street from the north and the south.
  51. Fifth Avenue entering Thirteenth Street (Iowa Highway 21) from the north.
  52. Sixth Avenue entering Eighth Street from the north and the south.
  53. Sixth Avenue entering Thirteenth Street (Iowa Highway 21) from the north.
  54. Seventh Avenue entering Thirteenth Street (Iowa Highway 21) from the north and south.
  55. Eighth Avenue entering Seventh Street from the north.
  56. Eighth Avenue entering Eighth Street from the north and the south.
  57. Eighth Avenue entering Thirteenth Street (Iowa Highway 21) from the north and south.
  58. Eighth Avenue entering Twenty-First Street from the south.
  59. Ninth Avenue entering Eighth Street from the north and the south.
  60. Ninth Avenue entering Thirteenth Street (Iowa Highway 21) from the north and south.
  61. Tenth Avenue entering Eighth Street from the north and the south.
  62. Tenth Avenue entering Eleventh Street from the south.
  63. Tenth Avenue entering Thirteenth Street (Highway 131) from the north and south.
  64. Tenth Avenue entering Sixteenth Street from the north.
  65. Tenth Avenue entering Eighteenth Street from the north and south.
  66. Tenth Avenue entering Nineteenth Street from the north and south.
  67. Tenth Avenue entering Twenty-First Street from the south.
  68. Eleventh Avenue entering Eighth Street from the north.
  69. Eleventh Avenue entering Thirteenth Street (V40) from the north and south.
  70. Eleventh Avenue entering Twenty-First Street from the south.
  71. Twelfth Avenue entering Thirteenth Street (V40) from the north and south.
  72. Thirteenth Avenue entering Thirteenth Street (Twelfth Street Extension or Iowa Highway 131 from the north and the south.)
  73. Post Office exit from the alley between Thirteenth and Fourteenth Streets and entering Eleventh Avenue.
  74. Sunset Drive entering Thirteenth Street (Twelfth Street Extension or V40 from the north.)
  75. The Municipal Swimming pool entrance and Eighth Street entering from the north.
  76. All exits from the Belle Plaine Community High School site on South Thirteenth Avenue which enter Thirteenth Avenue.
  77. First Avenue entering Sixteenth Street from the north.
  78. First Avenue entering Sixteenth Street from the south.
  79. First Avenue entering Sixteenth Street from the west.
  80. First Avenue entering Sixteenth Street from the east.
  81. At the intersection of Fourth Avenue and Third Street going south on Fourth Avenue.
  82. At the intersection of Airpark Drive and Industrial Park Boulevard going north on Airpark Drive.
  83. At the intersection of Ninth Avenue and Thirteenth Street (four-way stop).
  84. Ninth Avenue entering Twelfth Street from the north and the south.
  85. Eighth Avenue entering Twelfth Street from the north and the south.
  86. Twelfth Street entering Ninth Avenue from the east.

65.02    YIELD REQUIRED.  The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions or shall stop if necessary and shall yield the right-of-way to any pedestrian legally crossing the roadway on which said person is driving, and to any vehicles in the intersection or approaching on another roadway so closely as to constitute a hazard.  Said driver having so yielded may proceed with caution.  The following are designated as yield intersections:

(Code of Iowa, Sec. 321.345)

  1. Fourth Street entering Fourth Avenue from the east.
  2. Fourth Street entering Sixth Avenue from the west.
  3. Fifth Street entering Fifth Avenue from the east.
  4. Fifth Street entering Sixth Avenue from the east and the west.
  5. Sixth Street entering Fourth Avenue from the east.
  6. Sixth Street entering Fifth Avenue from the east and the west.
  7. Sixth Street entering Sixth Avenue from the east and the west.
  8. Seventh Street entering Fourth Avenue from the east.
  9. Seventh Street entering Fifth Avenue from the east and the west.
  10. Seventh Street entering Sixth Avenue from the east and the west.
  11. Ninth Street entering Fourth Avenue from the east.
  12. Ninth Street entering Fifth Avenue from the east and the west.
  13. Ninth Street entering Sixth Avenue from the east and the west.
  14. Ninth Street entering Eighth Avenue from the east and the west.
  15. Ninth Street entering Ninth Avenue from the east and the west.
  16. Tenth Street entering Second Avenue from the east and the west.
  17. Tenth Street entering Third Avenue from the east and the west.
  18. Tenth Street entering Fourth Avenue from the east and the west.
  19. Tenth Street entering Fifth Avenue from the east and the west.
  20. Tenth Street entering Sixth Avenue from the east and the west.
  21. Tenth Street entering Ninth Avenue from the east and the west.
  22. Fourteenth Street entering First Avenue from the east.
  23. Fourteenth Street entering Second Avenue from the east and the west.
  24. Fourteenth Street entering Third Avenue from the east and the west.
  25. Fourteenth Street entering Fourth Avenue from the east and the west.
  26. Fourteenth Street entering Fifth Avenue from the east and the west.
  27. Fourteenth Street entering Sixth Avenue from the east and the west.
  28. Fourteenth Street entering Seventh Avenue from the east and the west.
  29. Fourteenth Street entering Eighth Avenue from the east and the west.
  30. Fourteenth Street entering Ninth Avenue from the east and the west.
  31. Fourteenth Street entering Tenth Avenue from the east and the west.
  32. Fourteenth Street entering Eleventh Avenue from the east.
  33. Fourteenth Street entering Twelfth Avenue from the west.
  34. Fifteenth Street entering First Avenue from the east.
  35. Fifteenth Street entering Second Avenue from the east and the west.
  36. Fifteenth Street entering Third Avenue from the east and the west.
  37. Fifteenth Street entering Fourth Avenue from the east and the west.
  38. Fifteenth Street entering Fifth Avenue from the east and the west.
  39. Fifteenth Street entering Sixth Avenue from the east and the west.
  40. Fifteenth Street entering Seventh Avenue from the east and the west.
  41. Fifteenth Street entering Tenth Avenue from the west.
  42. Fifteenth Street entering Eleventh Avenue from the east and the west.
  43. Fifteenth Street entering Twelfth Avenue from the east.
  44. Seventeenth Street entering Eighth Avenue from the west.
  45. Seventeenth Street entering Tenth Avenue from the east.
  46. Eighteenth Street entering Eighth Avenue from the east.
  47. Nineteenth Street entering Eleventh Avenue from the east.
  48. Second Avenue entering Eleventh Street from the south.
  49. Second Avenue entering Sixteenth Street from the south.
  50. Third Avenue entering Eleventh Street from the south.
  51. Third Avenue entering Sixteenth Street from the south.
  52. Fourth Avenue entering Eleventh Street from the south.
  53. Fourth Avenue entering Sixteenth Street from the south.
  54. Fifth Avenue entering Eleventh Street from the south.
  55. Fifth Avenue entering Seventeenth Street from the south.
  56. Sixth Avenue entering Eleventh Street from the south.
  57. Sixth Avenue entering 16th Street from the south.
  58. Tenth Avenue entering Twelfth Street from the north.
  59. Twelfth Avenue entering Sixteenth Street from the south and the north.
  60. Rainbow Drive entering Fifteenth Street from the north.

65.03    SCHOOL STOPS.  At the following school crossing zones every driver of a vehicle approaching said zone shall bring the vehicle to a full stop at a point 10 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 vehicle shall have passed through such school crossing zone.

(Code of Iowa, Sec. 321.249)

  1. Intersection of 7th Avenue and 7th

65.04    STOP BEFORE CROSSING SIDEWALK.  The driver of a vehicle emerging from a private roadway, alley, driveway, or building shall stop such vehicle immediately prior to driving onto the sidewalk area and thereafter shall proceed into the sidewalk area only when able to do so without danger to pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the street into which the vehicle is entering.

(Code of Iowa, Sec. 321.353)

65.05    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.

65.06    YIELD TO PEDESTRIANS IN CROSSWALKS.  Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.

(Code of Iowa, Sec. 321.327)

[The next page is 365]

 

CHAPTER 66

LOAD AND WEIGHT RESTRICTIONS

66.01 Temporary Embargo 66.03 Load Limits on Twelfth Street
66.02 Permits for Excess Size and Weight 66.04 Load Limits on Bridges

66.01    TEMPORARY EMBARGO.  If the Council declares an embargo when it appears by reason of deterioration, rain, snow or other climatic conditions that certain streets will be seriously damaged or destroyed by vehicles weighing in excess of an amount specified by the signs, no such vehicles shall be operated on streets so designated by such signs.

(Code of Iowa, Sec. 321.471 & 472)

66.02    PERMITS FOR EXCESS SIZE AND WEIGHT.  The Police Chief may, upon application and good cause being shown, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or load exceeding the maximum specified by State law or the City over those streets or bridges named in the permit which are under the jurisdiction of the City and for which the City is responsible for maintenance.

(Code of Iowa, Sec. 321.473 & 321E)

66.03    LOAD LIMITS ON TWELFTH STREET.  It is unlawful to operate upon that portion of Twelfth Street between the east line of Seventh Avenue and the intersection of the paving of Twelfth Street with the paving on Thirteenth Street any truck or other vehicle that weighs over five tons, loaded or empty.   Said limitation does not apply to buses or to trucks delivering merchandise on Twelfth Street.

66.04    LOAD LIMITS ON BRIDGES.  Where it has been determined that any City bridge has a capacity less than the maximum permitted on the streets of the City, or on the street serving the bridge, the Police Chief may cause to be posted and maintained signs on said bridge and at suitable distances ahead of the entrances thereof to warn drivers of such maximum load limits.  No person shall drive upon said bridge any vehicle weighing, loaded or unloaded, in excess of such posted limit.

(Code of Iowa, Sec. 321.471)

[The next page is 371]

 

CHAPTER 67

PEDESTRIANS

67.01 Walking in Street 67.03 Pedestrian Crossing
67.02 Hitchhiking 67.04 Use of Sidewalks

67.01    WALKING IN STREET.  Pedestrians shall at all times when walking on or along a street, walk on the left side of the street.

(Code of Iowa, Sec. 321.326)

67.02    HITCHHIKING.  No person shall stand in the traveled portion of a street for the purpose of soliciting a ride from the driver of any private vehicle.

(Code of Iowa, Sec. 321.331)

67.03    PEDESTRIAN CROSSING.  Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(Code of Iowa, Sec. 321.328)

67.04    USE OF SIDEWALKS.  Where sidewalks are provided it is unlawful for any pedestrian to walk along and upon an adjacent street.

° ° ° ° ° ° ° ° ° °

 

CHAPTER 68

ONE-WAY TRAFFIC

68.01    ONE-WAY TRAFFIC REQUIRED.  The following streets and alleys are limited to one-way traffic for all vehicles and bicycles, other than permitted cross traffic, when appropriate signs are in place.

(Code of Iowa, Sec. 321.236[4])

  1. There shall be no vehicle traffic on Twelfth Street between Seventh Avenue and Ninth Avenue except from the west to the east. There shall be no bicycle or vehicle traffic on that part of South Twelfth Avenue which extends north from Eighth Street to Franklin Park and the public pool except from the north to the south, and there shall be no bicycle or vehicle traffic exiting from Franklin Park East to Thirteenth Avenue.
  2. Twelfth Street between Seventh Avenue and Ninth Avenue from west to east.
  3. Twelfth Avenue between Eighth Street and Franklin Park and the public pool except from north to south.
  4. Fifteenth Street from Twelfth Avenue to Thirteenth Avenue from west to east.
  5. Seventh Street between Seventh Avenue and Ninth Avenue from west to east.
  6. Franklin Park from Thirteenth Avenue from west to east.

Conviction for a violation of this chapter shall be punishable as a misdemeanor.

° ° ° ° ° ° ° ° ° °

 

CHAPTER 69

PARKING REGULATIONS

69.01 Park Adjacent to Curb 69.08 Persons with Disabilities Parking
69.02 Parking on One-Way Streets 69.09 No Parking Zones
69.03 Angle Parking 69.10 Truck Parking Limited
69.04 Manner of Angle Parking 69.11 Parking Limited to 15 Minutes
69.05 Parking for Certain Purposes Illegal 69.12 City Parking Lot
69.06 No Parking During Certain Hours 69.13 Snow Removal
69.07 Parking Prohibited  

69.01    PARK ADJACENT 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 18 inches of the curb or edge of the roadway except as hereinafter 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)

69.02    PARKING ON 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 18 inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking.

(Code of Iowa, Sec. 321.361)

69.03    ANGLE PARKING.  Angle or diagonal parking is permitted only in the following locations:

(Code of Iowa, Sec. 321.361)

  1. Twelfth Street, on both sides, between Seventh Avenue and Tenth Avenue.
  2. Ninth Avenue, on the east side, between Eleventh Street and Thirteenth Street.
  3. Ninth Avenue, on the west side, between Eleventh Street and Thirteenth Street.
  4. Sixteenth Street, on the south side, between Seventh Avenue and Eighth Avenue where paved surface has been widened to more than 23.5 feet.
  5. Eleventh Street, on the north side, from the area east of Seventh Avenue, where paved surface has been widened.

69.04    MANNER OF ANGLE PARKING.  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 such signs and markings.  No part of any vehicle or the load thereon, when said vehicle is parked within a diagonal parking district, shall extend into the roadway more than a distance of 16 feet when measured at right angles to the adjacent curb or edge of roadway.

(Code of Iowa, Sec. 321.361)

69.05    PARKING FOR CERTAIN PURPOSES ILLEGAL.  No person shall park a vehicle upon public property for more than 24 hours, unless otherwise limited under the provisions of this chapter.

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

69.06    NO PARKING DURING CERTAIN HOURS.  There shall be no parking whatsoever from 2:00 a.m. to 5:00 a.m. in the following area of the City:

  1. Twelfth Street from Seventh Avenue to Eleventh Avenue.
  2. Eighth Avenue from Eleventh Street to Thirteenth Street.
  3. Ninth Avenue from Eleventh Street to Thirteenth Street.

The four parking spaces on the west side of the Belle Plaine Area Museum located on Ninth Avenue between the railroad tracks and Twelfth Street are exempt from the requirements of this section for visitors with an overnight permit; and are also not subject to the requirements of Section 69.13 of this chapter. The parking spaces on the east and west sides of the 1100 block of Eighth Avenue are exempt from the requirements of this section but are still subject to the requirements of Section 69.13.

69.07    PARKING PROHIBITED.  No one shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:

  1. On a crosswalk.

(Code of Iowa, Sec. 321.358[5])

  1. Center Parkway. On the center parkway or dividing area of any divided street.

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

  1. Within 20 feet on either side of a mailbox that is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway.

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

  1. On or across a sidewalk.

(Code of Iowa, Sec. 321.358[1])

  1. In front of a public or private driveway.

(Code of Iowa, Sec. 321.358[2])

  1. Within an intersection or within 10 feet of an intersection of any street or alley.

(Code of Iowa, Sec. 321.358[3])

  1. Fire Hydrant. Within five feet of a fire hydrant.

(Code of Iowa, Sec. 321.358[4])

  1. Stop Sign or Signal. Within 10 feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway.

(Code of Iowa, Sec. 321.358[6])

  1. Railroad Crossing. Within 50 feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.

(Code of Iowa, Sec. 321.358[8])

  1. Fire Station. Within 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 75 feet of said entrance when properly sign posted.

(Code of Iowa, Sec. 321.358[9])

  1. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.

(Code of Iowa, Sec. 321.358[10])

  1. Double Parking. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(Code of Iowa, Sec. 321.358[11])

  1. Hazardous Locations. When, because of restricted visibility or when standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbs to be painted with a yellow color and erect no parking or standing signs.

(Code of Iowa, Sec. 321.358[13])

  1. Churches, Nursing Homes and Other Buildings. A space of 50 feet is hereby reserved at the side of the street in front of any theatre, auditorium, hotel having more than 25 sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church, or other building where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose.

(Code of Iowa, Sec. 321.360)

  1. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.  The provisions of this subsection do not apply to a vehicle parked in any alley that is 18 feet wide or less, provided that said vehicle is parked to deliver goods or services.

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

  1. In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp.

(Code of Iowa, Sec. 321.358[15])

  1. Area Between Lot Line and Curb Line. That area of the public way not covered by sidewalk and lying between the lot line and the curb line, where curbing has been installed.
  2. In More Than One Space. In any designated parking space so that any part of the vehicle occupies more than one such space or protrudes beyond the markings designating such space.

69.08    PERSONS WITH DISABILITIES PARKING.  The following regulations shall apply to the establishment and use of persons with disabilities parking spaces:

  1. Persons with disabilities parking spaces shall be established and designated in accordance with Chapter 321L of the Code of Iowa and Iowa Administrative Code, 661-18.  No unauthorized person shall establish any on-street persons with disabilities parking space without first obtaining Council approval.
  2. Improper Use. The following uses of a persons with disabilities parking space, located on either public or private property, constitute improper use of a persons with disabilities parking permit, which is a violation of this Code of Ordinances:

(Code of Iowa, Sec. 321L.4[2])

  1. Use by an operator of a vehicle not displaying a persons with disabilities parking permit.
  2. Use by an operator of a vehicle displaying a persons with disabilities parking permit but not being used by a person issued a permit or being transported in accordance with Section 321L.2[1b] of the Code of Iowa.
  3. Use by a vehicle in violation of the rules adopted under Section 321L.8 of the Code of Iowa.
  4. Wheelchair Parking Cones. No person shall use or interfere with a wheelchair parking cone in violation of the following:
  5. A person issued a persons with disabilities parking permit must comply with the requirements of Section 321L.2A[1] of the Code of Iowa when utilizing a wheelchair parking cone.
  6. A person shall not interfere with a wheelchair parking cone that is properly placed under the provisions of Section 321L.2A[1] of the Code of Iowa.

69.09    NO PARKING ZONES.  No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal.

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

  1. Third Street. The south side of Third Street from Fourth Avenue to Seventh Avenue.
  2. Fourth Street. The south side of Fourth Street from Fourth Avenue to Seventh Avenue.
  3. Fifth Street. The south side of Fifth Street from Fourth Avenue to Seventh Avenue.
  4. Sixth Street. The south side of Sixth Street from Fourth Avenue to Seventh Avenue.
  5. Seventh Street. Both sides of Seventh Street from Seventh Avenue to Eighth Avenue (except angle parking is allowed on the south side of Seventh Street where widened), and on the north side of Seventh Street between Eighth Avenue and Ninth Avenue.
  6. Seventh Street. The south side of Seventh Street from Fourth Avenue to Seventh Avenue.
  7. Eighth Street. The south side of Eighth Street between First Avenue and Thirteenth Avenue, and the north side of Eighth Street between Second Avenue and Seventh Avenue.
  8. Ninth Street. The north side of Ninth Street between Tenth Avenue and Eleventh Avenue.
  9. Ninth Street. That portion on the south side of Ninth Street between Sixth and Seventh Avenues, which commences at the southwest corner of the paved portion of Seventh Avenue and Ninth Street and extends westerly for a distance of 62.5 feet.
  10. Tenth Street. The south side of Tenth Street from Fourth Avenue to Tenth Avenue.
  11. Eleventh Street. The south side of Eleventh Street between First Avenue and Seventh Avenue.
  12. Thirteenth Street. The south side of Thirteenth Street between the two access and exit drives between Ninth Avenue and Tenth Avenue to the south side.  Said no parking area is also described as the area on the south side of Thirteenth Street between Ninth Avenue and Tenth Avenue 157 feet east of the centerline of Ninth Avenue to a point 197 feet east of said centerline of Ninth Avenue.
  13. Fourteenth Street. The south side of the street From Fifth Avenue to Seventh Avenue; from Eleventh Avenue to Twelfth Avenue on the south side of the street.
  14. Fifteenth Street. The south side of Fifteenth Street from Seventh Avenue to Ninth Avenue; the south side of Fifteenth Street from Tenth Avenue to Twelfth Avenue; the north side between Ninth Avenue and Tenth Avenue.
  15. Sixteenth Street. On both sides of Sixteenth Street, between Eleventh Avenue and Twelfth Avenue.
  16. Sixteenth Street. On the south side of Sixteenth Street from the southwest corner of the intersection of Eleventh Avenue and Sixteenth Street for a distance of 300 feet west.
  17. Sixteenth Street. On the south side of Sixteenth Street between First Avenue and Seventh Avenue; on the north side of Sixteenth Street from Eighth Avenue to Ninth Avenue and both sides of Sixteenth Street from Ninth Avenue to Eleventh Avenue; on the south side of Sixteenth Street between Eleventh Avenue and Thirteenth Avenue; on the north side of Sixteenth Street between Seventh Avenue to Eighth Avenue.
  18. Sixteenth Street. On the north side of Sixteenth Street from Eighth Avenue to Ninth Avenue between the hours of 8.00 a.m. and 4.00 p.m. on any day while school is in session; the north side of Sixteenth Street from Ninth Avenue to Tenth Avenue; and the south side of Sixteenth Street between Eighth Avenue to Ninth Avenue and the westerly 30 feet on the south side of Sixteenth Street between Ninth Avenue and Tenth Avenue.
  19. Seventeenth Street. On the south side of Seventeenth Street from Fifth Avenue to Seventh Avenue; on the north side of Seventeenth Street between Seventh Avenue and Eighth Avenue.
  20. Eighteenth Street. On the south side of Eighteenth Street from Eighth Avenue to Eleventh Avenue.
  21. Nineteenth Street. On the south side of Nineteenth Street from Seventh Avenue to Eleventh Avenue.
  22. First Avenue. On the west side of First Avenue between Eighth Street and Tenth Street.
  23. First Avenue. On the west side of First Avenue between Thirteenth Street to Sixteenth Street.
  24. Second Avenue. On the east side of Second Avenue between Thirteenth and Sixteenth Streets.
  25. Third Avenue. On the east side of Third Avenue between Thirteenth Street and Sixteenth Street.
  26. Fourth Avenue. On the east side of Fourth Avenue between Sixth Street and Eighth Street from the hours of 8.00 a.m. to 5.00 p.m.; on the west side of Fourth Avenue between Sixth Street and Eighth Street; on the east side of Fourth Avenue between Thirteenth Street and Sixteenth Street; on the west side of Fourth Avenue from its junction with Fifteenth Street, thence north for a distance of 185 feet; on the east side between Eighth Street and Eleventh Street.
  27. Fourth Avenue. On the east side of Fourth Avenue from Third Street to Sixth Street.
  28. Fifth Avenue. On the east side of Fifth Avenue between Sixth Street and Seventh Street; on the east side of Fifth Avenue between Thirteenth Street and Seventeenth Street; on the east side between Eighth Street and Eleventh Street.
  29. Fifth Avenue. On the east side of Fifth Avenue from Third Street to Sixth Street.
  30. Fifth Avenue. On the east side of Fifth Avenue from Seventh Street to Eighth Street.
  31. Sixth Avenue. On the east side of Sixth Avenue between Thirteenth Street and Sixteenth Street; and on the east side between Eighth Street and Eleventh Street.
  32. Sixth Avenue. On the east side of Sixth Avenue from Third Street to Sixth Street and from Sixth Street to Eighth Street.
  33. Industrial Park Boulevard. Both sides from Fourth Avenue west and south to the end of the paved portion thereof.
  34. Seventh Avenue. On both sides of Seventh Avenue from First Street to Thirteenth Street; on the east side of Seventh Avenue from Thirteenth Street to Seventeenth Street; and on the west side of Seventh Avenue from Fifteenth Street to Sixteenth Street; on the west side of the Seventh Avenue commencing at its intersection with Thirteenth Street and extending north a distance of 117 feet.
  35. Seventh Avenue. On the west side and the east side of Seventh Avenue from the intersection of Seventh Avenue and Thirteenth Street to the intersection of Seventh Avenue and Fifteenth Street.
  36. Eighth Avenue. On the east side of Eighth Avenue from Seventh Street to Eleventh Street, and no parking on the east side of Eighth Avenue from Fourteenth Street to Nineteenth Street.
  37. Ninth Avenue. On the east side of Ninth Avenue from Seventh Street to Eleventh Street; on the east side of Ninth Avenue from Sixteenth Street to Nineteenth Street.
  38. Tenth Avenue; On the east side of Tenth Avenue between Eighth Street and Eleventh Street; on the east side of Tenth Avenue between Thirteenth Street and Fifteenth Street; on the east side of Tenth Avenue between Sixteenth Street and Twenty-First Street.
  39. Eleventh Avenue. On the east side of Eleventh Avenue from Thirteenth Street to Nineteenth Street.
  40. Twelfth Avenue. On the east side of Twelfth Avenue between Thirteenth Street and Sixteenth Street and the west side of Twelfth Avenue between Thirteenth Street and Fifteenth Street.
  41. Thirteenth Avenue. On both sides of Thirteenth Avenue from Thirteenth Street to Fifteenth Street.
  42. Rainbow Drive. On the east and south sides of Rainbow Drive.
  43. Sunset Drive. On the east and south sides of Sunset Drive; on both sides of Sunset Drive between Twelfth Street Extension and Fifteenth Street.
  44. Thirteenth Street. On the north side of Thirteenth Street, in the two parking spaces immediately east of Eighth Avenue and the one space on the north side of Thirteenth Street immediately west of Eighth Avenue.
  45. There shall be no parking in any alley except to load and unload.

69.10    TRUCK PARKING LIMITED. 

  1. No motor truck, light delivery truck, panel delivery truck or pickup truck with a gross weight registration of one ton or more or of a width greater than six feet shall be parked at any time within the City, except where parallel parking is permitted; that is, no truck of said description shall be parked at an angle at any time within the City.
  2. No truck licensed for 10 tons gross weight or more shall be allowed to park on the public right-of-way within the corporate limits for a period of more than 30 minutes, unless such truck is being used for the purpose of loading or unloading in acts directly related to construction.

69.11    PARKING LIMITED TO 15 MINUTES.  The third and fourth parking spaces on the north side of Twelfth Street east of its intersection with Ninth Avenue are hereby limited to use for parking for 15 consecutive minutes only during hours that the Belle Plaine Community Library is open for public use; such limited parking shall be in effect only when those spaces are marked by a sign designating the limited parking time herein prescribed.

69.12    CITY PARKING LOT.  All parking in the City parking lot at the intersection of Eighth Avenue and Eleventh Street in the City shall be at 90 degree angles with the north and south boundaries of said parking lot and within painted or marked areas designated for parking.

69.13    SNOW EMERGENCY.  Due to the location of Belle Plaine, Iowa, snow, ice, or freezing rain can be expected during the course of the year.  Snow and ice control is basically emergency work in which City streets must be cleared at any time of the day or night.  The City considers removal an emergency service, and the City shall undertake operations using methods, resources, and equipment necessary to keep access to the City as open as possible during snow and ice events.

  1. For use in this section, the following definitions shall apply:
  2. “Downtown area” means, Twelfth Street from Seventh Avenue to Eleventh Avenue; Eighth Avenue from Eleventh Street to Thirteenth Street; and Ninth Avenue from Eleventh Street to Thirteenth Street.
  3. “Snow emergency” means a special condition of a snowfall or ice event requiring residents to move their vehicles off any public street, alley, or public areas in the public right-of-way and immediately adjacent of the travelled portion of a street.
  4. Parking Prohibited. No person shall park, abandon, or leave unattended any vehicle on any public street, alley, or public areas in the public right-of-way and immediately adjacent to the traveled portion of a street during any snow emergency parking ban. This section is not to be construed as to allow parking back on the snow routes even though they may be cleared.

(Code of Iowa, Sec. 321.236)

  1. Parking Permitted. During any snow emergency, parking shall be permitted in the City parking lot located between Seventh Avenue and Eighth Avenue between the railroad tracks and Eleventh Street.
  2. Snow Emergency Implementation. A 48-hour snow emergency ban shall begin upon declaration of the City Administrator.  Any snowfall or ice event shall be considered to place this ban into effect where accumulation is apparent or predicted by the National Weather Service for the Belle Plaine area.  The City Administrator or designee shall determine when there is sufficient depth of snow or ice to commence the snow emergency into effect.  The prohibition may be extended or shortened when conditions warrant upon proclamation by the City Administrator.  A snow emergency may be declared in advance of an anticipated storm, to start at a specific time; or a snow emergency may be declared anytime during or after a storm.  That a snow emergency has been declared will be communicated to the public through mass media outlets as deemed appropriate by the City Council.
  3. Application and Signage. The City shall post signs on the major entrances to town setting forth the provisions of this chapter and any other locations as may be required by Iowa law.  Such emergency parking ban shall be of uniform application and the Police Chief is directed to widely publicize the requirements, using available forms of communications.  The City shall post signs on the three major entrances to town setting forth:  “Snow Emergency Ordinance Enforced.”
  4. Downtown Area Modification. The foregoing prohibition does not apply to the downtown area designated in subsection 1 of this section from 7:00 a.m. until 2:00 a.m. The parking ban in the areas designated by subsection 1 shall remain in full force from 2:00 a.m. to 5:00 a.m. year around.
  5. Violations of This Section. Any vehicle remaining upon any public street, alley, or public areas in the public right-of-way and immediately adjacent to the travelled portion of the street after a snow emergency has been declared shall be guilty of violating this section.
  6. Penalties and Towing. A person or entity found violating this section shall be guilty of a misdemeanor and shall be subject to a scheduled fine of $30.00 and shall at the discretion of the Belle Plaine Police Department be subject to towing.  Any costs associated with towing and storage shall be the sole responsibility of the owner of the vehicle and the owner shall pay all costs of towing and storage prior to redemption of their vehicle.

[The next page is 395]

 

CHAPTER 70

TRAFFIC CODE ENFORCEMENT PROCEDURES

70.01 Arrest or Citation 70.04 Parking Violations:  Vehicle Unattended
70.02 Scheduled Violations 70.05 Presumption in Reference to Illegal Parking
70.03 Parking Violations:  Alternate 70.06 Impounding Vehicles

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

  1. Immediate Arrest. Immediately arrest such person and take such person before a local magistrate; or
  2. Issue Citation. Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety, or issue a uniform citation and complaint utilizing a State-approved computerized device.

(Code of Iowa, Sec. 805.6 & 321.485)

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

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

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

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

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

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

  1. Described Vehicle. The particular vehicle described in the information was parked in violation of the Traffic Code; and
  2. Registered Owner. The defendant named in the information was the registered owner at the time in question.

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

  1. Disabled Vehicle. When a vehicle is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

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

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

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

  1. Snow Removal. When any vehicle is left parked in violation of a ban on parking during snow removal operations.
  2. Parked Over Limited Time Period. When any vehicle is left parked for a continuous period in violation of any limited parking time.  If the owner can be located, the owner shall be given an opportunity to remove the vehicle.

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

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

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

[The next page is 401]

 

CHAPTER 74

GOLF CARTS AND UTILITY TRAIL VEHICLES

74.01 Purpose 74.07 Hours of Operation
74.02 Definitions 74.08 Speed
74.03 Operation of Golf Carts/UTV Permitted 74.09 Parking Prohibited
74.04 Prohibited Streets 74.10  Permits
74.05 Unlawful Operation 74.11 Penalty
74.06 Equipment  

74.01    PURPOSE.  The purpose of this chapter is to permit the operation of golf carts/UTVs on certain streets in the City, as authorized by Section 321.247 of the Code of Iowa, as amended.  This chapter applies whenever a golf cart or UTV is operated on any street or alley of the City of Belle Plaine, Iowa.

74.02    DEFINITIONS.

  1. “Golf Cart” means a three or four wheeled recreational vehicle generally used for transportation of person(s) in the sport of golf that is either electric powered or gas powered with a ground speed limited to 25 mph.
  2. “Utility Trail Vehicle” as defined by Iowa Code Section 321I.1 means a motorized vehicle with not less than four and not more than eight non-highway tires or rubberized tracks that have a seat that is of bucket or bench design, not intended to be straddled by the operator and a steering wheel or control levers for control.

74.03    OPERATION OF GOLF CARTS/UTV PERMITTED.  Golf carts or UTVs may be operated upon the streets of the City by a person possessing a valid Iowa driver’s license.  Operators must comply with all applicable provisions of the Code of Ordinances of the City of Belle Plaine and the Code of Iowa related to motor vehicle traffic and parking regulations.

74.04    PROHIBITED STREETS.  Golf carts or UTVs shall not be operated on the following streets, except to cross said street:

  1. State Highway 21 through the Belle Plaine City limits.
  2. 13th Street east of 7th Avenue.

74.05    UNLAWFUL OPERATION. 

  1. No golf cart or UTV shall be operated or parked upon City sidewalks or trails.
  2. No golf cart or UTV shall be operated while under the influence of intoxicating liquor, narcotics, or habit forming drugs.
  3. No person shall operate a golf cart or UTV in a careless, reckless, or negligent manner endangering the person or property of another or causing injury or damage to same.
  4. No golf cart or UTV shall carry more passengers than for which the vehicle was designed and for which there are seats available. A bench seat shall hold no more than three persons.
  5. No golf cart or UTV shall be operated within the City parks on any grass area. golf carts and UTVs are permitted in the parking lots.  Only upon special permission, of the City Council of the City of Belle Plaine, may golf carts or UTVs be operated on any grass area within the City parks.

74.06    EQUIPMENT.  Golf carts or UTVs operated upon City streets shall be equipped with a minimum of the following safety features:

  1. A slow moving vehicle sign.
  2. A bicycle safety flag, the top of which shall be a minimum of five feet above ground level.
  3. Adequate brakes.
  4. If the golf cart or UTV comes with a manufacturer equipped seat belt, the seat belt must be worn during operation.

74.07    HOURS OF OPERATION.  Golf carts and UTVs may be operated on City streets and in alleys only between sunrise and sunset.

74.08    SPEED.  No golf cart or UTV shall be operated on any City street at a speed in excess of 25 miles per hour.  Posted speed limits must be followed in accordance with the Code of Iowa and the City of Belle Plaine Code of Ordinances.

74.09    PARKING PROHIBITED.  Golf carts or UTVs shall not be parked overnight on City streets or in alleys at any time.

74.10    PERMITS.  No person shall operate a golf cart or UTV on any public street or alley, for any purpose, unless the operator possesses a City of Belle Plaine permit to operate a golf cart or UTV on City streets, issued by the Police Chief.

  1. Golf cart or UTV owners may apply for a permit on forms provided by the Police Chief.
  2. The Police Chief shall not issue a permit until the owner/operator has provided the following:
  3. Evidence that the operator is at least 16 years of age, and possesses a valid Iowa driver’s license.
  4. Proof that owner and operator have liability insurance covering operation of golf carts on City streets.
  5. All permits shall be issued for a specific golf cart or UTV. Permit holders will be issued a number and a sticker to affix to the left side rear fender or similar component.
  6. The fee for such permits shall be $7.50. Permits will be granted for one year valid from January 1 through December 31.  Permits may be purchased at any time during the year but will be valid only through December 31.
  7. The permit may be suspended or revoked upon finding evidence that the permit holder has violated the conditions of the permit or has abused the privilege of being a permit holder. There shall be no refund of the permit fee.  Should a permit be suspended or revoked, the owner or operator must receive a majority vote of the City Council to allow for reinstatement of an existing permit or issuance of a new permit.

74.11    PENALTY.  In addition to the suspension or revocation of the permit, a person who violates this chapter is guilty of a simple misdemeanor punishable as a scheduled violation under Iowa Code 321.247 as defined by the schedule of violations under Section 805.8A, Subsection 3, paragraph “b” or as a municipal infraction under Iowa Code Section 364.22 with a minimum schedule of City fines:

  1. First Offense – $75.00
  2. Second Offense and Subsequent – $100.00

 

° ° ° ° ° ° ° ° ° °

CHAPTER 75

SNOWMOBILES

75.01 Purpose 75.05 Hours of Operation
75.02 Definition 75.06 Negligence
75.03 General Regulations 75.07 Accident Reports
75.04 Operation of Snowmobiles  

75.01    PURPOSE.  The purpose of this chapter is to regulate the operation of snowmobiles within the City.

75.02    DEFINITION.  “Snowmobile” means a motorized vehicle that weighs less than 1,000 pounds, that uses sled-type runners or skis, endless belt-type tread with a width of 48 inches or less, or any combination of runners, skis, or tread, and is designed for travel on snow or ice.  “Snowmobile” does not include an all-terrain vehicle that has been altered or equipped with runners, skis, belt-type tracks, or treads.

(Code of Iowa, Sec. 321G.1)

75.03    GENERAL REGULATION.  No person shall operate a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation.

(Code of Iowa, Ch. 321G & Ch. 321I)

75.04    OPERATION OF SNOWMOBILES.  The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:

  1. Snowmobiles shall be operated only upon streets that have not been plowed during the snow season and on such other streets as may be designated by resolution of the Council.

(Code of Iowa, Sec. 321G.9[4a])

  1. Snowmobiles may be operated on prohibited streets only under the following circumstances:
  2. Snowmobiles may be operated on any street in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical.

(Code of Iowa, Sec. 321G.9[4c])

  1. Direct Crossing. Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur:

(1)        The crossing is made at an angle of approximately 90 degrees to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;

(2)        The snowmobile is brought to a complete stop before crossing the street;

(3)        The driver yields the right-of-way to all on-coming traffic that constitutes an immediate hazard; and

(4)        In crossing a divided street, the crossing is made only at an intersection of such street with another street.

(Code of Iowa, Sec. 321G.9[2])

  1. Railroad Right-of-Way. Snowmobiles shall not be operated on an operating railroad right-of-way.  A snowmobile may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic.

(Code of Iowa, Sec. 321G.13[1h])

  1. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.

(Code of Iowa, Sec. 321G.9[4f])

  1. Parks and Other City Land. Snowmobiles shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.  A snowmobile shall not be operated on any City land without a snow cover of at least one-tenth of one inch.
  2. Sidewalk or Parking. Snowmobiles shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.

75.05    HOURS OF OPERATION.  Snowmobiles shall not be operated on public streets after 11:00 p.m. or before 7:00 a.m. except in an emergency and where snow on the public streets renders travel by conventional motor vehicles impractical.

75.06    NEGLIGENCE.  The owner and operator of a snowmobile are liable for any injury or damage occasioned by the negligent operation of the snowmobile.  The owner of a snowmobile shall be liable for any such injury or damage only if the owner was the operator of the snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the snowmobile at the time the injury or damage occurred.

(Code of Iowa, Sec. 321G.18 & 321I.19)

75.07    ACCIDENT REPORTS.  Whenever a snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to $1,500.00 or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.

(Code of Iowa, Sec. 321G.10 & 321I.11)

[The next page is 411]

 

CHAPTER 76

BICYCLE REGULATIONS

76.01 Scope of Regulations 76.08 Using Bicycles, Skateboards, Roller Blades or
76.02 Traffic Code Applies Scooters on Sidewalks
76.03 Double Riding Restricted 76.09 Towing
76.04 Two Abreast Limit 76.10 Improper Riding
76.05 Speed 76.11 Parking
76.06 Emerging from Alley or Driveway 76.12 Equipment Requirements
76.07 Carrying Articles 76.13 Special Penalty

76.01    SCOPE OF REGULATIONS.  These regulations shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.

(Code of Iowa, Sec. 321.236[10])

76.02    TRAFFIC CODE APPLIES.  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 the driver of a vehicle by the laws of the State declaring rules of the road applicable to vehicles or by the Traffic Code of the City applicable to the driver of a vehicle, except as to those provisions that by their nature can have no application.  Whenever such person dismounts from a bicycle, the person shall be subject to all regulations applicable to pedestrians.

(Code of Iowa, Sec. 321.234)

76.03    DOUBLE RIDING RESTRICTED.  A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

(Code of Iowa, Sec. 321.234[3 and 4])

76.04    TWO ABREAST LIMIT.  Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.  All bicycles ridden on the roadway shall be kept to the right and shall be operated as near as practicable to the right-hand edge of the roadway.

(Code of Iowa, Sec. 321.236[10])

76.05    SPEED.  No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

(Code of Iowa, Sec. 321.236[10])

76.06    EMERGING FROM ALLEY OR DRIVEWAY.  The operator 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 said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

(Code of Iowa, Sec. 321.236[10])

76.07    CARRYING ARTICLES.  No person operating a bicycle shall carry any package, bundle or article that prevents the rider from keeping at least one hand upon the handlebars.

(Code of Iowa, Sec. 321.236[10])

76.08    USING BICYCLES, SKATEBOARDS, ROLLER BLADES, OR SCOOTERS ON SIDEWALKS.  The following provisions apply to riding bicycles, skateboards, roller blades, or scooters on sidewalks:

  1. Business District. No person shall ride such conveyances upon a sidewalk within the following described area:  Twelfth Street from Seventh Avenue to Eleventh Avenue; Thirteenth Street from Seventh Avenue to Eleventh Avenue; Eighth Avenue from Thirteenth Street to the railroad tracks; Ninth Avenue from Thirteenth Street to the railroad tracks.
  2. Other Locations. When signs are erected on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, no person shall disobey the signs.

(Code of Iowa, Sec. 321.236[10])

  1. Yield Right-of-Way. Whenever any person is riding any such conveyance upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing.

(Code of Iowa, Sec. 321.236[10])

76.09    TOWING.  It is unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the City unless the vehicle is manufactured for such use.

76.10    IMPROPER RIDING.  No person shall ride a bicycle in an irregular or reckless manner such as zigzagging, stunting, speeding, or otherwise so as to disregard the safety of the operator or others.

76.11    PARKING.  No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

(Code of Iowa, Sec. 321.236[10])

76.12    EQUIPMENT REQUIREMENTS.  Every person riding a bicycle shall be responsible for providing and using equipment as provided herein:

  1. Lamps Required. Every bicycle when in use at nighttime shall be equipped with a lamp on the front emitting a white light visible from a distance of at least 300 feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear, except that 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 front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of a rear light.

(Code of Iowa, Sec. 321.397)

  1. Brakes Required. Every bicycle shall be equipped with a brake that will enable the operator to make the braked wheel skid on dry, level, clean pavement.

(Code of Iowa, Sec. 321.236[10])

76.13    SPECIAL PENALTY.  Any person violating the provisions of this chapter shall have his or her bicycle impounded for a period of not to exceed 30 days or shall pay a fine not to exceed $25.00, or a combination of these penalties may be imposed.

[The next page is 425]

 

CHAPTER 80

ABANDONED VEHICLES

80.01 Definitions 80.06 Disposal of Abandoned Vehicles
80.02 Authority to Take Possession of Abandoned Vehicles 80.07 Disposal of Totally Inoperable Vehicles
80.03 Notice by Mail 80.08 Proceeds from Sales
80.04 Notification in Newspaper 80.09 Duties of Demolisher
80.05 Fees for Impoundment  

80.01    DEFINITIONS.  For use in this chapter, the following terms are defined:

(Code of Iowa, Sec. 321.89[1] & Sec. 321.90)

  1. “Abandoned vehicle” means any of the following:
  2. A vehicle that has been left unattended on public property for more than 24 hours and lacks current registration plates or two or more wheels or other parts which renders the vehicle totally inoperable.
  3. A vehicle that has remained illegally on public property for more than 24 hours.
  4. A vehicle that has been unlawfully parked or placed on private property without the consent of the owner or person in control of the property for more than 24 hours.
  5. A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of 10 days. However, a police authority may declare the vehicle abandoned within the 10-day period by commencing the notification process.
  6. Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic.
  7. A vehicle that has been impounded pursuant to Section 321J.4B of the Code of Iowa by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.
  8. “Demolisher” means a person licensed under Chapter 321H of the Code of Iowa whose business it is to convert a vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or dismantle vehicles.
  9. “Garage keeper” means any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles.
  10. “Police authority” means the Iowa State Patrol or any law enforcement agency of a county or city.

80.02    AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES.  A police authority, upon the authority’s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property.  The police authority may employ its own personnel, equipment, and facilities or hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.  A property owner or other person in control of private property may employ a private entity that is a garage keeper to dispose of an abandoned vehicle, and the private entity may take into custody the abandoned vehicle without a police authority’s initiative.  If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle.

(Code of Iowa, Sec. 321.89[2])

80.03    NOTICE BY MAIL.  The police authority or private entity that takes into custody an abandoned vehicle shall notify, within 20 days, by certified mail, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties’ last known addresses of record, that the abandoned vehicle has been taken into custody.  Notice shall be deemed given when mailed.  The notice shall describe the year, make, model and vehicle identification number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within 10 days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice.  The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction.  If the abandoned vehicle was taken into custody by a private entity without a police authority’s initiative, the notice shall state that the private entity may claim a garage keeper’s lien as described in Section 321.90 of the Code of Iowa, and may proceed to sell or dispose of the vehicle.  If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters.  If the persons receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the 10-day reclaiming period, the owner, lienholders or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property.  A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders or claimants after the expiration of the 10-day reclaiming period.

(Code of Iowa, Sec. 321.89[3a])

80.04    NOTIFICATION IN NEWSPAPER.  If it is impossible to determine with reasonable certainty the identity and addresses of the last registered owner and all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under Section 80.03.  The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in Section 80.03.

(Code of Iowa, Sec. 321.89[3b])

80.05    FEES FOR IMPOUNDMENT.  The owner, lienholder, or claimant shall pay $15.00 per day within the reclaiming period plus towing charges, if stored by the City, or towing and storage fees, if stored in a public garage, whereupon said vehicle shall be released.  The amount of towing charges, and the rate of storage charges by privately owned garages, shall be established by such facility.

(Code of Iowa, Sec. 321.89[3a])

80.06    DISPOSAL OF ABANDONED VEHICLES.  If an abandoned vehicle has not been reclaimed as provided herein, the police authority or private entity shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways, and shall dispose of the motor vehicle in accordance with State law.

(Code of Iowa, Sec. 321.89[4])

80.07    DISPOSAL OF TOTALLY INOPERABLE VEHICLES.  The City or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a title and without notification procedures, if such motor vehicle lacks an engine or two or more wheels or other structural part which renders the vehicle totally inoperable.  The police authority shall give the applicant a certificate of authority.  The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title.

(Code of Iowa, Sec. 321.90[2e])

80.08    PROCEEDS FROM SALES.  Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing, and notification required, in accordance with State law.  Any balance shall be held for the owner of the motor vehicle or entitled lienholder for 90 days, and then shall be deposited in the State Road Use Tax Fund.  Where the sale of any vehicle fails to realize the amount necessary to meet costs the police authority shall apply for reimbursement from the Department of Transportation.

(Code of Iowa, Sec. 321.89[4])

80.09    DUTIES OF DEMOLISHER.  Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle, or otherwise demolish such motor vehicle.  A demolisher shall not junk, scrap, wreck, dismantle, or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle.

(Code of Iowa, Sec. 321.90[3a])

° ° ° ° ° ° ° ° ° °

 

CHAPTER 81

RAILROAD REGULATIONS

81.01 Definitions 81.04 Speed
81.02 Obstructing Streets 81.05 Gates Required
81.03 Crossing Maintenance 81.06 Construction of Gates

81.01    DEFINITIONS.  For use in this chapter, the following terms are defined:

  1. “Operator” means any individual, partnership, corporation or other association that owns, operates, drives, or controls a railroad train.
  2. “Railroad train” means an engine or locomotive, with or without cars coupled thereto, operated upon rails.

(Code of Iowa, Sec. 321.1)

81.02    OBSTRUCTING STREETS.  Operators shall not operate any train in such a manner as to prevent vehicular use of any highway, street or alley for a period of time in excess of 10 minutes except:

(Code of Iowa, Sec. 327G.32)

  1. Comply with Signals. When necessary to comply with signals affecting the safety of the movement of trains.
  2. Avoid Striking. When necessary to avoid striking any object or person on the track.
  3. When the train is disabled.
  4. Safety Regulations. When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations.
  5. In Motion. When the train is in motion except while engaged in switching operations.
  6. No Traffic. When there is no vehicular traffic waiting to use the crossing.

An employee is not guilty of a violation of this section if the employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors. Guilt is then with the railroad corporation.

81.03    CROSSING MAINTENANCE.  Operators shall construct and maintain good, sufficient, and safe crossings over any street traversed by their rails.

(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943])

(Code of Iowa, Sec. 364.11)

81.04    SPEED.  It is unlawful to operate any railroad train through any street crossing within the platted areas of the City at a speed greater than 45 miles per hour.

(Girl vs. United States R. Admin., 194 Iowa 1382, 189 N.W. 834, [1923])

81.05    GATES REQUIRED.  Every railroad company operating railroads within the City are hereby required to erect and maintain gates at the intersections of their respective roads with the following avenues within the City:  Seventh Avenue, Eighth Avenue, and Ninth Avenue.

(Code of Iowa, Sec. 327G.15)

81.06    CONSTRUCTION OF GATES.  Each of said gates shall be so constructed as to constitute, when closed, a barrier to the passage of persons and vehicles upon or across said railroad tracks, and it shall be the duty of each company to keep the gates at its roads closed at all times when any car or engine or train is passing upon its road and across the avenues herein named.

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