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CHAPTER 1: TRAFFIC CODE
ARTICLE 1 - GENERAL PROVISIONS
1.01 DEFINITIONS. Where words and phrases used in this chapter are defined by state law, such definitions shall apply to their use in this chapter and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, shall have the following meanings:
1. "PARK" OR "PARKING" shall mean 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.
2. "STAND" OR "STANDING" shall mean the halting of a vehicle, whether occupied or not, otherwise than for the purpose of, and while actually engaged in, receiving or discharging passengers.
3. "STOP" shall mean when required, the complete cessation of movement.
4. "STOP" OR "STOPPING" shall mean, 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.
5. "BUSINESS DISTRICT" shall mean the territory described by the following parts of streets: Shall mean the territory contiguous to and including a highway when fifty (50) percent or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied buildings in use for business.
6. "RESIDENCE DISTRICT" shall mean the territory contiguous to and including a highway, not comprising a business, suburban, or school district, where forty percent or more of the frontage on such highway for a distance of three hundred feet or more is occupied by dwellings or by dwellings and buildings in use for business.
7. "SCHOOL DISTRICT" shall means the territory contiguous to and including a highway for a distance of two hundred feet in either direction from a schoolhouse in a city.
8. "SUBURBAN DISTRICT" means all other parts of a city not included in the business, school, or residence districts.
9. "PEACE OFFICER" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in addition to its meaning in section 801.4 Code of Iowa.
(Code of Iowa, Sec. 321.1 (50))
10. "TRAFFIC CONTROL DEVICE" means all signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(Code of Iowa Sec. 321.1 (46))
11. "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.
(Code of Iowa Sec. 321.1 (90))
ADMINISTRATION AND ENFORCEMENT. Provisions of this chapter and the Iowa law relating to motor vehicles and law of the road shall be enforced by O'Brien County Sheriff's Department.
1.03 TRAFFIC ACCIDENTS. The following shall apply to traffic accidents:
1. REPORT. The driver of a vehicle involved in an accident within the limits of this city shall file a report as and when required by the Iowa Department of Public Safety. A copy of this report shall be filed with the city for the confidential use of the peace officers and shall be subject to the provisions of the Code of Iowa.
(Code of Iowa, Sec. 321.271)
2. INVESTIGATION. The O'Brien County Sheriff's Department shall investigate all accidents reported. If sufficient evidence of a violation is found, proper action will be taken to punish the violator.
3. STUDIES. Whenever the accidents at any particular location become numerous, the O'Brien County Sheriff's Department shall conduct studies of such accidents and propose remedial measures.
1.04 FILES MAINTAINED. The O'Brien County Sheriff's Department shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver during the most recent three year period. Such reports shall be filed alphabetically under the name of the driver concerned.
ANNUAL SAFETY REPORTS. The O'Brien County Sheriff's Department may prepare annually a traffic report which shall be filed with the mayor and council. Such report shall contain information on the number of traffic accidents, the number of persons killed and injured, the number and nature of violations, and other pertinent traffic data including plans and recommendations for future traffic safety activities.
1.06 HABITUAL TRAFFIC VIOLATORS. The Iowa Department of Transportation shall study the cases of all drivers charged with frequent or serious violations of the traffic laws or involved in frequent traffic accidents or any serious accident, and shall attempt to discover the reasons therefore, and shall take whatever steps are lawful and reasonable to prevent the same, or to have the license of such persons suspended or revoked as provided by state law.
(Code of Iowa, Sec. 321.201 & 321.215)
1.07 POWER TO DIRECT TRAFFIC. A peace officer, and 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, not withstanding the provisions of the traffic laws.
1.08 PEACE OFFICER'S AUTHORITY. Any 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 the vehicle.
(Code of Iowa, Sec. 321.492) CHAPTER 1: TRAFFIC CODE
ARTICLE 2 - REGULATIONS AND VIOLATIONS
2.01 VIOLATION OF STATE REGULATIONS. Any person who shall willfully fail or refuse to comply with any lawful order of a peace officer or direction of a fire department officer during a fire, or who shall fail to abide by the provisions of this chapter and 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 chapter. These sections of the Code of Iowa are adopted reference:
1. DISPLAY OF REGISTRATION AND LICENSE TO DRIVE. 321.32, 321.174A, 321.174, 321.193, 321.218B, and 321.218 - 321.224.
2. OBEDIENCE TO A PEACE OFFICER AND RESPONSIBILITY OF PUBLIC OFFICERS, EMERGENCY VEHICLES AND BICYCLES TO OBEY TRAFFIC REGULATION. 321.229 - 321.234.
3. TRAFFIC SIGNS, SIGNALS AND MARKINGS, INCLUDING RIGHT OR LEFT TURNS ON RED. 321.257 - 321.260.
4. ACCIDENTS AND ACCIDENT REPORTING. 321.262 - 321.266, and 321.268.
5. OPERATION OF MOTORCYCLES. 321.275.
6. RECKLESS DRIVING, DRAG RACING, SPEED, CONTROL OF VEHICLE, AND MINIMUM SPEED. 321.277, 321.277A, 321.278, 321.285 - 321.288, and 321.294.
7. DRIVING ON RIGHT, MEETING, OVERTAKING, FOLLOWING OR TOWING. 321.297 - 321.310.
8. TURNING AND STARTING, SIGNALS ON TURNING AND STOPPING. 321.311 - 321.318.
9. RIGHT OF WAY AND ENTERING THROUGH HIGHWAYS. 321.319 - 321.324.
10. PEDESTRIAN RIGHTS AND SAFETY ZONES. 321.325, 321.327, 321.329,
321.330, 331.332 - 321.334, and 321.340.
11. RAILROAD CROSSINGS. 321.341 - 321.344.
12. STOPPING, STANDING, PARKING. 321.354 - 321.358.
13. UNATTENDED VEHICLE, OBSTRUCTING DRIVER'S VIEW, CROSSING MEDIAN, FOLLOWING FIRE APPARATUS, CROSSING FIRE HOSE AND PUTTING GLASS, ETC., ON STREETS. 321.362 - 321.371.
14. LIGHTING EQUIPMENT REQUIRED AND TIME OF USE. 321.384 - 321.398, 321.402 - 321.409, 321.415, 321.418 - 321.422.
In accordance with authorization granted by Section 321.395, Code of Iowa, motor vehicles parked upon any street where permitted by this chapter need not display required lights where there is sufficient light emitted from city street lights ahead and to the rear to reveal any person or object within a distance of five hundred (500) feet upon such street, and the permitted speed on that street is twenty-five (25) miles per hour or less.
15. BRAKES, HORNS, SIRENS, MUFFLERS, WIPERS, MIRRORS, TIRES, FLARES, WINDOWS, SAFETY BELTS, AND SPECIAL MARKINGS FOR TRANSPORTING EXPLOSIVES. 321.430 - 321.443, and 321.449 - 321.450.
16. SIZE, WEIGHT AND LOAD. 321.452 - 321.463, 321.465, and 321.466.
17. PROOF OF FINANCIAL RESPONSIBILITY. 321.20B
2.02 CLINGING TO VEHICLES. No person shall drive a motor vehicle on the streets of the city unless all passengers of the vehicle are inside the vehicle in the place intended for their accommodation. No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
2.03 VEHICLES ON SIDEWALKS. The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.
2.04 TAMPERING WITH VEHICLE. Any person who either individually, or in association with one or more other persons, willfully injures or tampers with any vehicle or breaks or removes any part or parts of or from a vehicle without the consent of the owner is guilty of a simple misdemeanor punishable as provided in the Code of Iowa.
(Code of Iowa, Sec. 321.482)
2.05 MILLING. It shall be unlawful to drive or operate a motor 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.
SQUEALING TIRES. No person shall drive any vehicle in such a manner as to cause the repeated or prolonged squealing of tires through too rapid acceleration or too high speed on turning of such vehicle.
2.07 MUFFLERS. It shall be unlawful for a person to operate or drive a motor vehicle on a highway that is not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, or to use a muffler cutout, bypass or similar device.
(Code of Iowa, Sec. 321.436)
2.08 PLAY STREETS. The council may declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon 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)
2.09 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.
2.10 FUNERAL OR OTHER PROCESSIONS. The following shall apply to funeral and other processions:
(Code of Iowa, Sec. 321.236(3))
1. IDENTIFIED. A funeral or other procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police chief.
2. MANNER OF DRIVING. Each driver in a funeral or other procession shall drive as near to the right hand of the roadway as practical and safe.
3. INTERRUPTING PROCESSION. No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this section. This provision shall not apply at intersections where traffic is controlled by traffic control signals or peace officers.
2.11 SCHOOL BUSES. The following shall apply to school buses:
1. SIGNALS. The driver of any school bus used to transport children to and from a public or private school shall, when stopping to receive or discharge pupils at any point within the city, turn on the flashing stop warning signal lights at a distance of not less than one hundred (100) feet, nor more than three hundred (300) feet from the point where the pupils are to be received or discharged from the bus. At the point of receiving or discharging pupils the driver of the bus shall bring the bus to a stop and extend the stop arm. After receiving or
discharging pupils, the bus driver shall turn off the flashing stop warning lights, retract the stop arm and then proceed on the route. No school bus shall stop to load or unload pupils unless there is at least three hundred (300) feet of clear vision in each direction.
(Code of Iowa, Sec. 321.372(1))
2. LIGHTS ON. The driver of a school bus shall, while carrying passengers, have its headlights turned on.
(Code of Iowa, Sec. 321.372(1))
3. DISCHARGING PUPILS. All pupils shall be received and discharged from the right front entrance of every school bus, and if the pupils must cross the street or highway, they shall be required to pass in front of the bus, look in both directions, and proceed to cross the street or highway only on signal from the bus driver.
(Code of Iowa, Sec. 321.372(2))
4. PASSING PROHIBITED. The driver of any vehicle overtaking a school bus shall not pass a school bus when flashing stop warning signal lights are flashing and shall bring said vehicle to a complete stop not closer than fifteen feet of the school bus when it is stopped and stop arm is extended, and shall remain stopped until the stop arm is retracted and school bus resumes motion, or until signaled by the driver to proceed.
(Code of Iowa, Sec. 321.372(3))
5. STOP WHEN MEETING. The driver of any vehicle when meeting a school bus on which the amber warning signal lights are flashing shall reduce the speed of said vehicle to not more than twenty (20) miles per hour, and shall bring said vehicle to a complete stop when signal arm is extended and said vehicle shall remain stopped until stop arm is retracted after which driver may proceed with due caution.
(Code of Iowa, Sec. 321.372(3))
6. MULTI-LANE ROADS. The driver of a vehicle upon a highway or street providing two or more lanes in each direction need not stop upon meeting a school bus which is traveling in the opposite direction even though said school bus has stopped.
(Code of Iowa, Sec. 321.372(4))
CHAPTER 1: TRAFFIC CODE
ARTICLE 3 - SPEED REGULATIONS
3.01 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 him 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)
3.02 MINIMUM SPEED. No person shall 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)
3.03 BUSINESS DISTRICT. A speed in excess of twenty (20) miles per hour in the business district, unless specifically designated otherwise in this article, is unlawful.
(Code of Iowa, Sec. 321.285(1))
3.04 RESIDENCE OR SCHOOL DISTRICT. A speed in excess of twenty-five (25) miles per hour in any school or residence district, unless specifically designated otherwise in this article, is unlawful.
(Code of Iowa, Sec. 321.285(2))
3.05 PARKS, CEMETERIES AND PARKING LOTS. A speed in excess of fifteen (15) miles per hour in any public park, cemetery or parking lot, unless specifically designated otherwise in this article, is unlawful.
(Code of Iowa, Sec. 321.236(5))
3.06 SPECIAL SPEED RESTRICTIONS. In accordance with requirements of the Iowa Uniform Traffic Devices Manual, the council, upon the basis of an engineering and traffic investigation, finds that the general speed limits set out above are greater or less than is reasonable or safe under the conditions found to exist at the particular intersections or parts of the city street system and therefore declares the maximum speed limits to be as set out in section 3.07 at the places named.
(Code of Iowa, Sec. 321.290)
3.07 SPECIAL SPEED ZONES. A speed in excess of the limits set out miles per hour shall be unlawful on any of the following designated streets or parts thereof:
SPECIAL 55 MPH SPEED ZONES. A speed in excess of fifty-five (55) miles per hour shall be unlawful on any of the following designated streets or parts thereof.
1. Vehicles traveling north or south on McCormack Avenue from Fifth Street NW to Cemetery Road.
SPECIAL 45 MPH SPEED ZONES. A speed in excess of forty-five (45) miles per hour shall be unlawful on any of the following designated streets or parts thereof.
1. Vehicles traveling north or south on Rerick Avenue, also known as U.S. Highway 59, from Cemetery Road to Eight Street NW.
SPECIAL 35 MPH SPEED ZONES . A speed in excess of thirty-five (35) miles per hour shall be unlawful on any of the following designated streets or parts thereof.
1. Vehicles traveling east or west on Third Street SW, also known as County Highway B40, from the entrance of the City's Swimming Pool to the Airport Bridge.
Vehicles traveling north or south on Rerick Avenue, also known as U.S. Highway 59, from Eight Street SW to the City Corporate Limits.
CHAPTER 1: TRAFFIC CODE
ARTICLE 4 - TURNING REGULATIONS
4.01 AUTHORITY TO MARK. The mayor may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct, as traffic conditions require, that a different course from that specified by the state law be traveled by vehicles turning at intersections, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs.
(Code of Iowa, Sec. 321.311 & 321.255)
4.02 OBEDIENCE TO NO-TURN SIGNS. Whenever authorized signs are erected indicating that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.
4.03 SIGNAL REQUIREMENTS. A signal of intention to turn right or left shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning when the speed limit is forty-five (45) miles per hour or less. The required signals may be given either by means of the hand and arm as provided in the Code of Iowa or by a mechanical or electrical directional signal device or light of a type approved by the department and conforming to the provisions of the Code of Iowa.
(Code of Iowa, Sec. 321.315)
4.04 "U" TURNS. It shall be unlawful for a driver to make a "U" turn except at an intersection; provided however, that "U" turns are prohibited at intersections within the business district, at intersections where there are automatic traffic signals and on the following streets:
(Code of Iowa, Sec. 321.255 & 321.236(9))
CHAPTER 1: TRAFFIC CODE
ARTICLE 5 - PARKING REGULATIONS
5.01 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. CROSSWALK. On or within ten (10) feet of a crosswalk at an intersection.
(Code of Iowa, Sec. 321.236(1) & 321.358(5))
2. CENTER PARKING. On the center parkway or dividing area of any divided street.
(Code of Iowa, Sec. 321.236(1))
3. MAILBOXES. Within twenty (20) feet on either side of a mailbox which 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))
4. SIDEWALKS. On or across a sidewalk.
(Code of Iowa, Sec. 321.358(1))
5. DRIVEWAY. In front of a public or private driveway.
(Code of Iowa, Sec. 321.358(2))
6. INTERSECTION. Within an intersection of any street.
(Code of Iowa, Sec. 321.358(3))
7. FIRE HYDRANT. Within five (5) feet of a fire hydrant.
(Code of Iowa, Sec. 321.358(4))
8. STOP SIGN OR SIGNAL. Within ten (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))
9. FIRE STATION. Within twenty (20) feet of the driveway entrance to any fire station, and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign posted.
(Code of Iowa, Sec. 321.358(9))
10. EXCAVATIONS. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic.
(Code of Iowa, Sec. 321.358(10))
11. 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))
12. 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 police chief may cause curbings to be painted with a yellow color and erect no parking or standing signs.
(Code of Iowa, Sec. 321.358(13))
13. THEATERS, HOTELS, AND HOSPITALS. A space of fifty (50) feet is reserved at the side of the street in front of any theatre, auditorium, hotel having more than twenty-five (25) sleeping rooms, hospital, nursing home, 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)
14. PUBLIC ALLEY. In any public alley within the fire limits of this city.
(Code of Iowa, Sec. 321.236(1))
15. PRIVATE ALLEY. In any private alley within the fire limits of this city in such a manner that ingress or egress of fire apparatus to or from such alley might be blocked.
(Code of Iowa, Sec. 321.236(1))
16. STATE HIGHWAY INTERSECTING STREETS. On the minor street approach for a distance of thirty-five (35) feet in advance of the stop sign or on the exit side of the minor street for a distance of thirty-five (35) feet of any State Highway.
17. RAILROAD CROSSING. Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.
(Code of Iowa, Sec. 321.358(8))
5.02 PARKING 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 eighteen (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)
5.03 PARK ADJACENT TO CURB: ONE-WAY STREETS. No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen (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)
5.04 ANGLE PARKING. Upon those streets or portions of streets which 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 parked within an angle parking district, shall extend into the roadway more than a distance of sixteen (16) feet when measured at right angles to the adjacent curb or edge of roadway.
(Code of Iowa, Sec. 321.361)
5.05 ANGLE PARKING LOCATIONS. Angle parking shall be permitted only in the following locations:
(Code of Iowa, Sec. 321.361)
1. Hayes Avenue from 1st Street SE to 1st Street NE
2 Green Avenue from 1st Street SW to 1st Street NW
3. 1st Street from S. Hayes Avenue to S. Green Avenue
4. 1st Street from N. Hayes Avenue to N. Green Avenue
5.06 PARKING SIGNS REQUIRED. Whenever by this article or any other section of the municipal code, any parking time limit is imposed or parking is prohibited on designated streets or portions of streets it shall be the duty of the city council to erect or cause to be erected appropriate signs giving notice, and no such regulations shall be effective unless signs are erected and in place at the time of any alleged offense, except where there is a parking ban of uniform application relating to snow removal. When the signs are so erected giving notice, no person shall disobey the restrictions stated on such signs.
(Code of Iowa, Sec. 321.255 & 321.358(14))
5.08 SCHOOL LOADING ZONE. No person, except drivers of authorized school buses, shall park a vehicle in any of the following designated locations between the hours of 8:00 a.m. and 4:00 p.m. on school days.
(Code of Iowa, Sec. 321.236(1))
5.09 TRUCK PARKING LIMITED. Trucks weighing five (5 ) tons or more, loaded or empty, shall not be parked at the following locations on the streets names:
All streets lying adjacent to the O'Brien county Courthouse. No person shall stop or park any commercially licensed vehicle or combination of vehicles having a total overall length of more than twenty-two feet (22') or a total overall width of more than eighty inches (80") upon any street in the areas zoned as "A" or "B" Districts, or in front of any resident home, or on the traveled portion of any street in the City between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M., except for loading or unloading purposes, unless such stop is rendered necessary because of traffic conditions, direction of peace officers, and/or traffic control devices.
(Editor's Note: Ordinance 206 was passed and approved on May 2, 1994 and now is Section 5.09)
5.10 VEHICLE UNATTENDED. When a vehicle is parked in violation of this chapter and the driver is not present, the notice of fine or citation as provided in this chapter shall be attached to the vehicle in a conspicuous place.
5.11 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person shall park a vehicle upon the roadway for any of the following principal purposes:
(Code of Iowa, Sec. 321.236(1))
1. DISPLAY SALE VEHICLE. Displaying such vehicle for sale.
2. MAINTENANCE. For washing, greasing or repairing such vehicle except such repairs as are necessitated by an emergency.
3. ADVERTISING. Displaying advertising.
4. SELLING FROM VEHICLE. Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under the city code.
5. STORAGE. Storage or as junk or dead storage for more than forty-eight (48) hours.
5.12 HANDICAPPED PARKING SPACES. The city council shall create handicapped parking spaces in the number and in the dimension as required by federal and Iowa statutes or regulations.
5.13 IMPROPER USE. The following uses of a handicapped parking space, located on either public or private property, constitutes improper use of a handicapped parking permit, which is a violation of this Code of Ordinances:
(Code of Iowa, Sec. 321.4L.4(2))
Use by motor vehicle not displaying a handicapped parking permit;
Use by a motor vehicle displaying a handicapped parking permit but not being used by a person in possession of a motor vehicle license with a handicapped designation or a nonoperator's identification card with a handicapped designation (other than a person transporting the handicapped or elderly persons being so transported in a vehicle displaying a removable placard in accordance with Section 321L.2(1b) of the Code of Iowa);
Use by a motor in violation of the rules adopted under Section 321L.8 of the Code of Iowa.
5.14 SNOW REMOVAL. No person shall park, abandon or leave unattended any vehicle on any public street, alley, or city-owned off street parking area during snow removal operations unless the snow has been removed or plowed from said street, alley or parking area and the snow has ceased to fall.
CHAPTER 1: TRAFFIC CODE
ARTICLE 6 - STOP AND YIELD
6.01 VEHICLES ENTERING STOP INTERSECTION. The driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at the first opportunity at either the clearly marked stop line, or before entering the crosswalk, or before entering the intersection, or at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. Before proceeding, the driver shall yield the right of way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time
the driver is moving across or within the intersection.
(Code of Iowa, 321.322(1))
6.02 THROUGH STREET STOPS. Every driver of a vehicle shall stop, unless a yield is permitted by this article, before entering an intersection with the following designated through streets:
(Code of Iowa, Sec. 321.345)
6.03 STOP INTERSECTIONS. Every driver of a vehicle shall stop before entering the following intersections from the directions indicated:
Westbound Second Street, NE at Heritage Park Road
Westbound Second Street, NE at Welch Avenue
Westbound Second Street, NE at North Rerick Avenue
Eastbound Second Street, NE at Welch Avenue
Eastbound Second Street, NE at Heritage Park Road
Westbound Eighth Street, NE at North Rerick Avenue
Westbound Seventh Street, NE at North Rerick Avenue
Westbound Sixth Street, NE at North Rerick Avenue
Westbound Fifth Street, NE at North Rerick Avenue
Westbound Fourth Street, NE at North Rerick Avenue
Westbound Third Street, NE at North Rerick Avenue
Westbound Second Street, NE at North Rerick Avenue
Westbound First Street, NE at North Rerick Avenue
Westbound County Road B40 at U.S. Highway 59
Westbound Fifth Street, SE at U.S. Highway 59
Westbound Fifth Street, SE at U.S. Highway 59
Westbound Sixth Street, SE at U.S. Highway 59
Eastbound Eighth Street, NW at Highway 59
Eastbound Sixth Street, NW at North Rerick Avenue
Eastbound Fifth Street, NW at North Rerick Avenue
Eastbound Fourth Street, NW at North Rerick Avenue
Eastbound Third Street, NW at North Rerick Avenue
Eastbound Second Street, NW at North Rerick Avenue
Eastbound First Street, NE at South Rerick Avenue
Eastbound First Street, SE at South Rerick Avenue
Eastbound Second Street, SE at South Rerick Avenue
Eastbound Third Street, SE at U.S. Highway 59
Eastbound Fourth Street, SE at U.S. Highway 59
Eastbound Fifth Street, SE at U.S. Highway 59
Eastbound Sixth Street, SE at U.S. Highway 59
Westbound Third Street, NW at North Green Avenue
Eastbound Third Street, NW at North Hayes Avenue
Westbound Second Street, SE at South Hayes Avenue
Westbound Second Street, NW at North Hayes Avenue
Westbound Second Street, SE at South Green Avenue
Westbound Second Street, SW at South Green Avenue
Southbound North Hayes Avenue at First Street, NW
Southbound South Hayes Avenue at Third Street, SE
Southbound South Green Avenue at Third Street, SW
Northbound South Green Avenue at Third Street, SW
Northbound South Green Avenue at First Street, SW
Eastbound First Street, SW at South Green Avenue
Eastbound Second Street, SW at South Green Avenue
Westbound First Street, SW at South McCormack Avenue
Westbound First Street, SE at South Hayes Avenue
Northbound South McCormack Avenue at Third Street, SW
Southbound South McCormack Avenue at Third Street, SW
Southbound South Inman Avenue at Third Street, SW
Westbound city alley located between First Street, SW and
Second Street, SW at South Green Avenue
6.04 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 he is operating.
6.05 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 he shall proceed into the sidewalk area only when he can do so without danger to pedestrian traffic and he shall yield the right of way to any vehicular traffic on the street into which his vehicle is entering.
(Code of Iowa, Sec. 321.353)
6.06 SCHOOL STOPS. At school crossing zones approved by the council, every driver of a vehicle approaching said zone shall bring his vehicle to a full stop at a point ten (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 he shall have passed through such school crossing zone.
(Code of Iowa, Sec. 321.249)
6.07 VEHICLES ENTERING YIELD INTERSECTION. The driver of a vehicle approaching a yield sign shall slow to a speed reasonable for the existing conditions, and if required for safety, shall stop at the first opportunity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection or at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right of way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection.
(Code of Iowa, Sec. 321.322(2)))
6.08 SPECIAL YIELD REQUIRED. Every driver of a vehicle shall yield in accordance with the foregoing section, at the following intersections if approaching from the directions indicated:
"None"
6.09 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 so 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)
CHAPTER 1: TRAFFIC CODE
ARTICLE 7 - ONE WAY STREETS
7.01 ONE WAY TRAFFIC REQUIRED. Upon the following streets and alleys vehicular traffic shall move only in the indicated direction when appropriate signs are in place.
(Code of Iowa, Sec. 321.236(4))
"None"
7.02 AUTHORITY TO RESTRICT DIRECTION OF MOVEMENT. The mayor is authorized to determine and recommend to the council certain streets, or specified lanes upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall upon authority given by ordinance place and maintain appropriate markings, signs, barriers or other devices to give notice.
1. ERECT SIGNS. The mayor may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.
2. VIOLATION. It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section.
3. STREETS LISTED. The following streets may have variable lanes or direction of traffic at different times of day as marked by authorized signs under the provisions of this section:
"None"
CHAPTER 1: TRAFFIC CODE
ARTICLE 8 - TRAFFIC CONTROL DEVICES
8.01 INSTALLATION. The mayor shall cause to be placed and maintained traffic control devices when and as required under the Traffic Code of this city to make effective its provisions; emergency or temporary traffic control devices for the duration of an emergency or temporary condition as traffic conditions may require to regulate traffic under the traffic code of this city or under state law, or to guide or warn traffic. He shall keep a record of all such traffic control devices.
(Code of Iowa, Sec. 321.254, 321.236(2) & 321.255)
8.02 CROSSWALKS. The mayor 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), 321.236(2) & 321.255)
8.03 TRAFFIC LANES. The mayor is hereby authorized to mark lanes for traffic on street pavements at such places as traffic conditions require consistent with the traffic code of this city. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.
(Code of Iowa, Sec. 321.255 & 372.13(4))
8.04 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)
8.05 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.
(Code of Iowa, Sec. 321.256)
CHAPTER 1: TRAFFIC CODE
ARTICLE 9 - LOAD AND WEIGHT REQUIREMENTS
9.01 TEMPORARY EMBARGO. If the council by resolution 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 & 321.472)
9.02 PERMITS FOR EXCESS SIZE AND WEIGHT. The city council may, upon application in writing and good cause being shown therefor, 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 city ordinance over those streets 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.l)
9.03 TRUCK ROUTES. The following shall apply to the movement of trucks upon city streets:
1. THROUGH TRUCKS. Every motor vehicle weighing five (5) tons or more, when loaded or empty, having no fixed terminal within the city or making no scheduled or definite stops within the city for the purpose of loading or unloading shall travel over or upon the following streets, or parts thereof, within the city and none other:
First Street NW from McCormack Avenue to Pumphreys Avenue.
First Street SW from McCormack Avenue to Roberts Avenue.
2. TRUCKS WITH SCHEDULED STOPS. Any motor vehicle weighing five (5) tons or more, when loaded or empty, having a fixed terminal, making a scheduled or definite stop within the city for the purpose of loading or unloading shall proceed over or upon the designated routes set out in this section to the nearest point of its scheduled or definite stop and shall proceed thereto, load or unload and return, by the most direct route to its point of departure from said designated route.
3. OWNER'S RESPONSIBILITY. The owner, or any other person employing or otherwise directing the driver of any vehicle, shall not require or knowingly permit the operation of such vehicle upon a street in any manner contrary to this section.
(Code of Iowa, Sec. 321.472)
CHAPTER 1: TRAFFIC CODE
ARTICLE 10 - PEDESTRIANS
10.01 HITCH HIKING. 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)
CHAPTER 1: STREETS AND ALLEYS
ARTICLE 11 - SNOW REMOVAL AND STREET CLEANING
11.01 WINTER PARKING. No person shall park, abandon or leave unattended any vehicle on any public street, alley, or city-owned off parking area during from 2:00 a.m. to 6:00 a.m. from November 1st to April 1st .
11.02 ENFORCEMENT. The O'Brien County Sheriff's Department shall be responsible for the enforcement of said special parking restrictions when they are in effect.
11.03 SPECIAL PENALTY. Any person who violates or fails to comply with the provisions of this article shall be guilty of a simple misdemeanor and shall be fined in accordance with the amount set forth below.
1. FIRST VIOLATION. For the first violation of any provision of this chapter, the penalty shall be twenty-five dollars ($25.00) providing much penalty is paid within 30 days of date upon which violation occurred.
2. SECOND VIOLATION. For any second violation, within twenty-four (24) hours of the first violation, the penalty shall be the sum of twenty-five dollars ($25.00) if paid within thirty days upon which violation occurred.
3. SUBSEQUENT VIOLATIONS. For any subsequent violation within any twenty-four (24) hour period, the penalty shall be not be less than twenty-five dollars $25.00.
(Code of Iowa, Sec. 321.236)
CHAPTER 1: TRAFFIC CODE
ARTICLE 12 - ENFORCEMENT
12.01 ARREST OR CITATION. Whenever a peace officer has reasonable cause to believe that a person has violated any provision of this chapter such officer may:
1. IMMEDIATE ARREST. Immediately arrest such person and take him before a local magistrate.
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 and deliver the original and a copy to the court where the defendant is to appear, two copies to the defendant and retain the fifth copy for the records of the city law enforcement agency.
(Code of Iowa, Sec. 805.6 & 321.485)
12.02 PARKING VIOLATIONS. Admitted violations of any parking restrictions imposed by this chapter may be charged upon a simple notice of a fine in accordance with the following schedule, payable at the office of the clerk of district court.
1. HANDICAPP PARKING VIOLATIONS. The penalty for violating the handicap parking provisions in Section 5.13 of this Chapter shall be one-hundred dollars ($100.00).
2. OTHER PARKING VIOLATIONS OF THIS CHAPTER UNLESS OTHERWISE NOTED.
a. FIRST VIOLATION. For the first violation of a parking provision of this chapter, the penalty shall be ten dollars ($10.00), unless such penalty is paid within 30 days of date upon which violation occurred. The fine shall be increased to fifteen dollars ($15.00) if not paid within thirty (30) days of the date upon which the violation occurred.
b. SECOND VIOLATION. For any second violation, within twenty-four (24) hours of the first violation, the penalty shall be the sum of ten dollars ($10.00) if paid within thirty days upon which violation occurred. The fine shall be increased to fifteen dollars ($15.00) if not paid within thirty (30) days of the date upon which the violation occurred.
c. SUBSEQUENT VIOLATIONS. For any subsequent violation within any twenty-four (24) hour period, the penalty shall be not less than ten dollars $10.00. The fine shall be increased to a minimum of fifteen dollars ($15.00) if not paid within thirty (30) days of the date upon which the violation occurred.
(Code of Iowa, Sec. 321.236(1a))
12.03 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 the particular vehicle described in the information was parked in violation of this chapter, and the defendant named in the information was the registered owner at the time in question.
12.04 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 upon a roadway and is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(Code of Iowa, Sec. 321.236(1))
2. ILLEGALLY PARKED VEHICLE. When any vehicle is left unattended upon a street and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.
(Code of Iowa, Sec. 321.236(1))
3. PARKED OVER FORTY-EIGHT HOUR PERIOD. When any vehicle is left parked upon a street for a continuous period of forty-eight (48) hours or more, a diligent effort shall first be made to locate the owner. If the owner is found he shall be given an opportunity to remove the vehicle.
(Code of Iowa, Sec. 321.236(1))
4. COSTS. In addition to the standard penalties provided, the owner or driver of any vehicle impounded for the violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing and storage.
(Code of Iowa, Sec. 321.236(1))
CHAPTER 2: STREETS AND ALLEYS
ARTICLE 13 - STREET AND ALLEY REGULATIONS
13.01 OBSTRUCTING OR DEFACING STREETS. It shall be unlawful for any person to obstruct, deface, or injure any public road in any manner.
(Code of Iowa, Sec. 716.6)
13.02 INJURING NEW PAVEMENT. It shall be unlawful for any person to willfully injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement before it is ready for use.
(Code of Iowa, Sec. 364.12(2))
13.03 PLACING DEBRIS ON STREETS. It shall be unlawful for any person to throw or deposit on any street any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle.
(Code of Iowa, Sec. 321.369)
13.04 REMOVAL OF WARNING DEVICES. It shall be unlawful for a person to willfully remove, throw down, destroy or carry away from any highway, street, alley, avenue or bridge any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed for the purpose of guarding or enclosing unsafe or dangerous places in a highway, street, alley, avenue or bridge without the consent of the person in control.
(Code of Iowa, Sec. 716.6)
13.05 EXCAVATIONS. The following shall apply to any excavations made on streets in the city:
1. PERMIT. No person shall dig, excavate or in any manner disturb any street in the city, unless such person shall first obtain an excavation permit as provided in the municipal code.
2. APPLICATION. Before an excavation permit shall be granted, the person shall file with the clerk a written application. The application shall give an exact description of the property, by lot and street number, in front of or along which it is desired to excavate, state the purpose and for whom and by whom the excavation is to be made, and who will be responsible for the refilling of said ditch and restoration of the street surface.
13.06 DUMPING OF SNOW. It shall be unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of streets so as to obstruct gutters, or impede the passage of vehicles upon the street or to create a hazardous condition, except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the streets temporarily, such accumulation shall be removed promptly by the property owner or his agent, and only after first making arrangements for such prompt removal at the owner's cost of the accumulation within a reasonably short time.
(Code of Iowa, Sec. 364.12(2))
13.07 TRAVELING ON BARRICADED STREET PROHIBITED. It shall be unlawful for any person to travel or operate any vehicle on any street or public way temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any city official, police officer or member of the fire department.
13.08 PLAYING IN STREETS. It shall be unlawful for any person to coast, sled or play games on streets or highways except in the areas blocked off by authority of the police chief for such purposes.
(Code of Iowa, Sec. 364.12(2))
13.09 WASHING VEHICLE ON STREETS PROHIBITED. It shall be unlawful for any person to use any public sidewalk or street for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when much work is done for hire or as a business. This shall not be construed to prevent any person from washing or cleaning his own vehicle or equipment when it is lawfully parked in the street.
13.10 USE OF STREETS FOR BUSINESS PURPOSES. It shall be unlawful to park, store or place any new or used car or cars, machinery, or any other goods, wares, and merchandise of any kind upon any street for the purpose of storage, exhibition, sale or offering same for sale, without permission of the council.
CHAPTER 2: STREETS AND ALLEYS
ARTICLE 14 - NAMING OF STREETS
14.01 NAMING NEW STREETS. New streets shall be assigned names in accordance with the following:
1. EXTENSION OF EXISTING STREET. Streets added to the city that are natural extensions of existing streets shall be assigned the name of the existing street.
2. ORDINANCE. All street names, except streets named as a part of a subdivision or platting procedure, shall be named by ordinance.
3. STREET COMMISSION. Proposed street names shall be referred to the City Council for review and recommendation before placing on plats or presentation of a street name ordinance, or placing on the official map.
14.02 RECORDING STREET NAMES. Following adoption of an ordinance naming or changing the name of a street, the mayor and clerk shall certify and file a copy thereof with the county recorder and county auditor.
(Code of Iowa, Sec. 409.17)
14.03 OFFICIAL STREET NAME MAP. Streets within the city are named as shown on the Official Street Name Map which is hereby adopted by reference and declared to be a part of this article. The Official Street Name Map shall be identified by the signature of the mayor, and bearing the seal of the city under the following words: "This is to certify that this is the Official Street Name Map referred to in Section 14.03 of Title IV of the Municipal Code of Primghar.
14.04 REVISION OF STREET NAME MAP. If in accordance with the provisions of this Article, changes are made in street names, such changes shall be entered on the Official Street Name Map promptly after the amendment has been approved by the governing body with an entry on the Official Street Name Map as follows: "On (date), by official action of the city council, the following change(s) were made in the Official Street Name Map: (brief description)," which entry shall be signed by the mayor and attested by the clerk. No amendment to this article which involves naming or changing the name of a street shall become effective until after such change and entry has been made on said map.
14.05 CHANGING NAME OF STREET. The council may by ordinance change the name of a street.
(Code of Iowa, Sec. 409.17)
CHAPTER 2: STREETS AND ALLEYS
ARTICLE 15 - VACATION AND DISPOSAL
15.01 POWER TO VACATE. When in the judgment of the council it would be in the best interest of the city to vacate a street or alley, or portion of a street or alley, they may do so in accordance with the provisions of this article.
(Code of Iowa, Sec. 364.12(2a))
15.02 NOTICE OF VACATION HEARING. The council shall cause to be published a notice of public hearing, at which time the proposal to vacate shall be considered. In addition to published notice, notice shall be posted at least twice on each block along the street or alley proposed to be vacated not more than 25 days nor less than 10 days prior to the date set for the hearing.
15.03 FINDINGS REQUIRED. No street or alley, or portion of a street or alley shall be vacated unless the council finds that:
1. PUBLIC USE. The street or alley proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.
2. ABUTTING PROPERTY. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.
(Code of Iowa, Sec. 364.15)
15.04 DISPOSAL OF STREETS OR ALLEYS. When in the judgment of the council it would be in the best interest of the city to dispose of a vacated street or alley, or portion of a street or alley, they may do so by resolution following notice and hearing.
(Code of Iowa, Sec. 364.7)
15.05 DISPOSAL BY GIFT LIMITED. The city may not dispose of a vacated street or alley, or portion of a street or alley, by gift except to a governmental body for a public purpose.
(Code of Iowa, Sec. 364.7(3))
CHAPTER 2: STREETS AND ALLEYS
ARTICLE 16 - STREET GRADES
16.01 ESTABLISHED GRADES. The grades of all streets, alleys and sidewalks which have been established by ordinance are hereby confirmed, ratified and established as official grades.
RECORD MAINTAINED. The clerk shall maintain a record of all established grades and furnish information concerning such grades upon request.
(Editor's Note: Curb Grades were established or re-established by Ordinance 220, passed and approved on August 5, 1996)
CHAPTER 2: STREETS AND ALLEYS
ARTICLE 17 - DRIVEWAYS
17.01 DEFINITIONS. For use in this article the following terms are defined:
1. "DRIVEWAY" shall mean that part of any approach for motor vehicles to private property that lies between the property line and the roadway of the public street.
2. "PAVING" shall include any kind of hard surfacing including, but not limited to, portland cement concrete, bituminous concrete, brick, stabilized gravel, or combinations of such materials, with the necessary base. "Paving" shall not include surfacing with oil, unstabilized gravel, oil and gravel, or chloride.
17.02 PERMIT. A written permit shall be obtained from zoning officer before any person shall construct or repair a driveway.
1. APPLICATION. A written application for the permit shall be filed with the city clerk. The application shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the proposed plan of construction or repair which shall include the depth, width, and type of surfacing material to be used. No other plan shall be followed except by written permission of the board of adjustments who may allow amendments to the application or permit which do not conflict with this article.
2. ISSUANCE. The city clerk shall issue the permit, bearing his signature and the date of issuance, if the proposed plan meets all of the requirements of this article, if the fee required under this article has been paid, and if the construction or repair as planned will not create any substantial hazard in the use of the street or sidewalk for public travel or drainage, or create any defect.
3. FEE. The applicant shall pay a fee of $2.00 per $1,000.00 value of the project, with a minimum fee of $10.00 and a maximum fee of $500.00. However, there is a flat fee of $10.00 for a sidewalk.
4. EXPIRATION. Each permit shall expire within two (2) years under the condition the project starts within six (6) months from the date of issuance, if not constructed within that time.
5. REVOCATION. The city clerk may at any time revoke the permit for any violation of this article and may require that the work be stopped.
17.03 PERMIT REQUIRED. No curb shall be cut or changed and no parking or public property shall be used for a driveway or parking without first obtaining a permit therefor from the city. No such permit shall be granted until the permit has been approved by an authorized officer and unless application therefor conforms to this division and to all other ordinances of the city.
17.04 WHERE APPLICABLE. The provisions of this article shall be applicable to all future driveways into filling stations, parking lots, drive-in service, or other businesses which are used by customers or the public in general, and residential homes; and to all existing drives from and after May 1, 2004.
17.05 PLAN FILED. Before any permit required by this article shall be granted, the applicant therefor shall file with the authorized city officer a plat and plan of the area to be improved which plan shall be drawn accurately to scale of not less than one-eighth (1/8) inch to one (1) foot, and with all principal driveways shown.
17.06 RELOCATION OF UTILITIES. Wherever there may be encountered in the street or parking, any cables, service poles, water mains, valve or curb stop boxes, manholes, drain inlets, or other utilities, the applicant for the permit required shall obtain the written permission of an authorized city officer for any change necessary therein and the reasonable expenses and cost of all such changes shall be paid by the applicant.
17.07 LIMITATION ON NUMBER, SIZE, WIDTH AND LOCATION OF DRIVEWAYS.
There shall be not more than two (2) driveways on any one (1) street frontage of one hundred fifty (150) feet or less, nor more than three (3) driveways for any one (1) street frontage of over one hundred fifty (150) feet, for any gasoline filling stations, parking lot, drive-in-service, or other business which invites the use of the driveway by its customers or members of the public generally. No driveway for any such business shall be less than twenty (20) feet, nor more than twenty-five (25) feet in width measured at the curb. Where there are two (2) or three (3) driveways on one (1) street frontage, there shall be a safety zone between such driveways of not less than ten (10) feet measured at the property line. No more than one (1) driveway per street frontage shall be allowed for a residence except as approved by the council where circumstances and safety justify. No residential drive shall be less than twelve (12) feet wide at the property line, or more than twenty-five (25) feet wide at the property line, or more than twenty-five (25) feet between the outer points of the curb.
In no event shall the curb for a driveway be cut except in front of the property for which the driveway is to be used and no driveway shall be within five (5) feet of any intersection. sidewalk or crosswalk at the property line.
17.08 DRIVEWAYS IN RESIDENTIAL DISTRICTS TO BE PAVED. All driveways in the residential districts of the city shall be paved from gutter to walk, with Portland cement concrete.
17.09 SIDEWALK INCORPORATED INTO DRIVEWAY. No driveway which is part of the public walk shall have a longitudinal slope greater than one-half (1/2) inch per foot, and no grade of walk shall be changed so as to make the walk less than six (6) inches above the adjacent gutter. The surface of such walk shall be of a rough finish so as to prevent slipping.
17.10 CURBING REQUIRED. Except for the street access driveway permitted in this article, wherever the property adjoining a public sidewalk is used for a driveway paralleling the sidewalk or for parking of vehicles adjacent to the walk, there shall be installed upon the property six (6) inches inside the property line, a reinforced concrete curbing at least six (6) inches high and six (6) inches wide, so as to prevent the driving or stopping of vehicles upon the sidewalk.
17.11 CURBING ALONG DRIVEWAYS. Driveways shall be bounded on each side by a tapered curb with a face varying from the established height of the curb to zero, prior to meeting the sidewalk.
CUTTING OF CURBS. Existing curb shall either be removed at the nearest joint of cut with a concrete saw when constructing a driveway.
17.13 END OF DRIVE DEFINED. Driveways shall end at the curb line.
SIDEWALK GRADES Sidewalk grades will not be chanced except as provided herein.
17.15 EXCAVATION, TRENCHING, AND BACKFILLING. Excavation, trenching and backfilling for service pipes from the public water or sewer main to the street property line, shall be in accordance with the requirements of the state plumbing code, except as hereinafter provided.
17.16 SAFETY BARRICADING. All excavations in streets shall be dug so as to occasion the least possible inconvenience to the public and to provide for passage of water along the gutter. All such excavations shall be properly barricaded at all times and warning lights shall be placed from one-half (1/2) hour before sunset to one-half (1/2) hour after sunrise.
17.17 EXCAVATION AND TRENCHING. The trench walls shall be as nearly vertical as possible. Where soil conditions normally prevent this, sheeting, shoring, and bracing shall be used to kneed the walls vertical and the width of the trench as narrow as practicable. Under all paved areas, including sidewalks and drives, the pavement and its base shall be removed by neatly cutting with saws or jack hammers so that the width and length of the pavement and base removed is two (2) feet wider and longer than the trench width and length.
17.18 BACKFILLING. The trench shall not be backfilled until the city has inspected and approved the service pipe installations. Upon approval, selected backfill material, at the proper moisture content, shall be placed around the pipe in six (6) inch lifts and thoroughly compacted with approved mechanical tampers until the top of the pipe is covered with eighteen (18) inches of compacted dirt. No frozen material, except approved fill gravel, will be permitted for backfill trenches. The remainder of the backfill material, free from boulders larger than six (6) inches, wood, or organic material, shall be placed in uniform layers of not more than twelve (12) inches thickness and thoroughly compacted with approved mechanical tampers until the trench has been filled to the bottom of the pavement base. The base shall be replaced to its full length, width, and thickness with Portland cement concrete having a twenty-eight (28) day compressive strength of not less than three thousand (3,000) pounds per square inch. The pavement surface, where one existed prior to the opening of the trench shall be replaced with Iowa Department of Transportation Type A or Type B asphaltic concrete or Portland cement concrete to the city's satisfaction. The plumber must maintain the affected area in good repair to the satisfaction of the city council for one year after refilling. All water service pipes must be laid so as to prevent rupture by settlement or freezing. No excavation shall be made within six (6) feet of any laid water or sewer pipe while the ground is frozen, and no water or sewer pipe shall be exposed to frost, except by special written permission of the city.
17.19 COMPLETION BY CITY. Should any excavation be left open or only partly refilled for twenty-four (24) hours after the water-service pipe is installed and connected with the municipal water system, or sewer service pipe connected with the sanitary sewer system, or should the work be improperly done, the city shall have the right to finish or correct the work, and the council shall assess the costs to the property owner or the plumber. If the plumber is assessed, he must pay the costs before he can receive another permit, and the plumber's bond shall be security for the assessment. If the property owner is assessed, such assessment shall be collected with and in the same manner as general property taxes.
17.20 CASH BOND FOR CUTTING PAVEMENT. Before a permit shall be granted for any work which involves the cutting of street pavement whether it be asphaltic concrete or Portland cement concrete, the applicant shall give to the clerk a cash bond of fifty (50) dollars. If replacement of the street as provided for in the next succeeding section is completed to the city's satisfaction, said cash bond shall be returned to the applicant. If such replacement does not meet the city's approval, the cash bond provided for herein shall be forfeited to the city in addition to any other penalties, fines or fees provided for in this article.
17.21 EXCAVATIONS NEAR STREETS. No person shall make any excavation in any street, alley or public place or within ten (10) feet of any sidewalk, street, alley, or public place and not secure the excavation by an enclosure at least four (4) feet high, substantially built and with warning lights placed and burning during the entire night.
17.22 REMOVING EARTH. No person shall remove or cause to be removed any dirt, sand, stone, rock, tree, shrub, plank, sidewalk or fence from any street, alley, highway, lot or ground belonging to the municipality without permission from the council.
17.23 RESTORING EXCAVATIONS OF STREET CUTS. No person shall dig into, or in any manner break any sidewalk, curb, pavement, street, alley, or public ground
without placing the same in as good condition as found.
17.24 ESTABLISHED GRADES. The grades of all streets, alleys and sidewalks, which have been heretofore established by ordinance are hereby confirmed, ratified and established as official grades.
17.25 RECORDS MAINTINED. The clerk shall maintain a record of all established grades and furnish information concerning grades upon request.
17.26 INSPECTION AND APPROVAL. The driveway must be inspected and approved in writing by the superintendent of public works within thirty (30) days after completion of the work. The superintendent of public works shall keep a record of such approvals in his office. If he refuses to approve the work, it must be corrected immediately so that it will meet with his approval. If the work has been done improperly, the superintendent of public works shall have the right to finish or correct the work, and the council shall assess the costs to the property owner. Such assessment shall be collected with the general property taxes and in the same manner.
17.27 RULES. The council may provide by resolution such further rules as necessary to clarify and implement the requirements of this article.
CHAPTER 2: STREETS AND ALLEYS
ARTICLE 18 - BUILDING NUMBERING
18.01 BUILDINGS TO BE NUMBERED. All principal buildings now present or hereafter erected within the city limits shall have an assigned number. The owner(s) shall cause the numbers to be placed and maintained on his/her/their property as provided herein.
A. Definitions.
1. "Principal buildings" shall mean the main building on any lot or contiguous lots.
2. "Owner" shall mean the owner(s) of the principal building. B. Owner requirements.
B. Owner Requirements
1. Obtaining building number: The owner(s) shall obtain the assigned number to his/her/their principal building from the city clerk.
2. Display of building number: The owner(s) shall place or cause to be installed and maintained on the principal building the assigned number in a conspicuous place facing the street, said assigned number in figures not less than four (4) inches in height and of a contracting color with their background.
(Code of Iowa, Section 364.12[3][d])
18.02 NUMBERING SYSTEM. Numbers shall be assigned in accordance with the system developed by the city council. The system consists of three-digit numbering. The odd numbers shall be on the west and south sides of all streets, and the even numbers shall be on the east and north sides of all streets.
18.03 MANDATORY NUMBERING. The placing of numbers is mandatory and will become effective pursuant to its final passage, approval and publication as provided by law.
18.04 ENFORCEMENT. If numbers meeting the requirements of this ordinance have not been placed on each building, the city shall cause individual written notice to be given to the owner(s) of the principal buildings not numbered to require compliance within a reasonable time set forth in the notice, and if not completed by such time the city shall cause proper numbers to be installed and the cost of the installation billed to such owner(s).
(Editor's Note: Ordinance 02-07 was approved and passed, establishing "Numbering of Buildings" and is now Article 18 - Building Numbering of this Chapter).
CHAPTER 3: SIDEWALKS
ARTICLE 19 - SIDEWALK REGULATIONS
19.01 DEFINITIONS. For use in this chapter the following terms are defined:
1. "SIDEWALK" shall mean all permanent public walks in business, residential or suburban areas.
2. "ESTABLISHED GRADE" shall mean that grade established by this city for the particular area in which a sidewalk is to be constructed.
3. "BROOM FINISH" shall mean a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
4. "WOOD FLOAT FINISH" shall mean a sidewalk finish that is made by smoothing the surface of the sidewalk with wooden trowel.
5. "PORTLAND CEMENT" shall mean any type of cement except bituminous cement.
6. "ONE-COURSE CONSTRUCTION" shall mean that the full thickness of the concrete is placed at one time, using the same mixture throughout.
19.02 RESPONSIBILITY FOR MAINTENANCE. It shall be the responsibility of the abutting property owners to maintain in a safe and hazard free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.
(Code of Iowa, Sec. 364.12(2c))
19.03 FAILURE TO MAINTAIN - PERSONAL INJURIES. If the abutting property owner does not maintain sidewalks as required and action is brought against the city for personal injuries alleged to have been caused by its negligence, the city may notify in writing any person by whose negligence it claims the injury was caused. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the city believes that the person notified is liable to it for any judgment rendered against the city, and asking the person to appear and defend. A judgment obtained in the suit is conclusive in any action by the city against any person so notified, as to the existence of the defect or other cause of the injury or damage, as to the liability of the city to the plaintiff in the first named action, and as to the amount of the damage or injury. The city may maintain an action against the person notified to recover the amount of the judgment together with all the expenses incurred by the city in the suit.
(Code of Iowa, Sec. 364.14)
19.04 CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required the council may serve notice on such owner, by certified mail, requiring him to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice the council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12(2d,e))
19.05 SIDEWALK STANDARDS. Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:
1. MATERIAL. Portland cement concrete shall be the only material used in the construction and repair of sidewalks.
2. CONSTRUCTION. Sidewalks shall be of one-course construction.
3. SIDEWALK BASE. Concrete may be placed directly on compact and well drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the city.
4. SIDEWALK BED. The sidewalk bed shall be placed so that the surface will be to the established grade at its location.
5. LENGTH, WIDTH AND DEPTH.
a. Residential sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall be no more than six (6) feet in length.
b. Business district sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and no more than six (6) feet in length and width.
6. LOCATION. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the council shall establish a different distance due to circumstances.
7. GRADE. Curb tops shall be on level with the center line of the street which shall be the established grade.
8. ELEVATIONS. The street edge of a sidewalk shall be at an elevation even with the curb when at the curb and not less than one-half (1/2) inch above the curb for each foot between the curb and the sidewalk in residential areas.
9. SLOPE. All sidewalks shall slope 0.25 inch per foot toward the curb.
10. FINISH. All sidewalks shall be finished with a "broom" or "wood float" finish.
11. RAMPS FOR HANDICAPPED. There shall be not less than two (2) curb cuts or ramps per lineal block which shall be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least thirty inches wide, shall be sloped at not greater than one (1) inch of rise per twelve inches lineal distance, except that a slope no greater than one (1) inch or rise per eight inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise be so constructed as to allow reasonable access to the crosswalk for physically handicapped persons using the sidewalk.
(Code of Iowa, Sec. 601D.9)
19.06 OPENINGS AND ENCLOSURES. It shall be unlawful for a person to:
1. STAIRS AND RAILINGS. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the council.
2. OPENINGS. Keep open any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.
3. PROTECT OPENINGS. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.
19.07 ENCROACHING STEPS. It shall be unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the council.
19.08 AWNINGS. It shall be unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least seven (7) feet above the surface of the street or sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.
19.09 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. Whenever snow or ice shall be allowed to remain upon any sidewalk of the city for a period of twenty-four hours, the mayor, or whomever he/she may designate, shall have the right to remove the same, and the cost thereof shall be assessed, as provided by law, against the property abutting the sidewalk. The costs to be assessed shall be the actual cost of labor, material and serving of notices, plus twenty-five percent to compensate for the cost of supervision and administration.
(Code of Iowa, Sec. 364.12(2b,e))
19.10 FIRES ON SIDEWALK. It shall be unlawful for a person to make a fire of any kind on any sidewalk.
19.11 FUEL ON SIDEWALK. It shall be unlawful for a person to place or allow any fuel to remain upon any sidewalk.
19.12 DEFACING. It shall be unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.
19.13 DEBRIS ON SIDEWALKS. It shall be unlawful for a person to throw or deposit on any sidewalk any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or other substance likely to injure any person, animal or vehicle properly using the sidewalk.
(Code of Iowa, Sec. 364.12(2))
CHAPTER 4: SNOWMOBILES & ATV'S
ARTICLE 20 - GENERAL PROVISIONS
20.01 DEFINITIONS. For use in this article the following terms shall be defined:
1. "ALL-TERRAIN VEHICLE" or "ATV" means a motorized flotation-tire vehicle with not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement to less than eight hundred (800) cubic centimeters and in total dry weight to less than seven hundred fifty (750) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.
Two-wheeled off-road motorcycles shall be considered all-terrain vehicles only for the purpose of titling and registration. An operator of a two-wheeled off-road motorcycle is exempt from the safety instruction and certification program requirements of sections 321G.23 and 321G.24 Code of Iowa.
(Code of Iowa, Sec. 321G.1(1))
2. "SNOWMOBILE" means a motorized vehicle weighing less than one thousand pounds which uses sled-type runners or skis, endless belt-type tread, or any combination of runners, skis, or tread, and is designed for travel on snow or ice.
(Code of Iowa, 321G.1(18))
3. "OPERATOR" shall mean a person who operates or is in actual physical control of an all-terrain vehicle or snowmobile.
(Code of Iowa, Sec. 321G.1(11))
4. "OPERATE" shall mean to ride in or on, other than as a passenger, use, or control the operation of an all-terrain vehicle or snowmobile in any manner, whether or not the all-terrain vehicle is moving.
(Code of Iowa, Sec. 321G.1(10))
5. "STREET" OR "HIGHWAY" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. Includes roadway, alley, or trail used for vehicular traffic including a state or county highway.
6. "SHOULDER" shall mean the portion of a street immediately adjacent to the right side of a street which is customarily used only for emergency travel and parking.
"DEAD MAN THROTTLE" shall mean a device which disengages the motor from the driving track of a snowmobile when pressure is removed from the accelerator or throttle.
20.02 GENERAL REGULATIONS. No person shall operate an ATV or snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or rules established by the Natural Resources Commission of the Department of Natural Resources governing their registration, numbering, equipment and manner of operation.
20.03 HOURS OF OPERATION. No person shall operate a snowmobile or ATV on public or private property within the city between the hours of 12:00 a.m. and 6:00 a.m. except when responding to an emergency.
20.04 AGE OF OPERATION. Minors under twelve. An owner or operator of a snowmobile shall not permit a person under twelve years of age to operate and a person less than twelve years of age shall not operate, a snowmobile except when accompanied on the same snowmobile by a responsible person of at least eighteen years of age who is experienced in snowmobile operation and who possesses a valid driver's license, as defined in section 321.1, or a safety certificate issued under this chapter.
A person under twelve years of age shall not operate an all-terrain vehicle on public lands unless the person is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor and a parent or guardian.
(Code of Iowa, Sec 321G.20)
20.05 OPERATION OF SNOWMOBILE OR ATV. A snowmobile or ATV may not be operated on any street, shoulder of a street, sidewalk, public property, city park, or any other area within the corporate limits of the city except as specifically permitted as follows:
1. DURING EMERGENCY. On streets in an emergency during the period of time when at locations where snow and ice upon the streets render travel by conventional motor vehicles impractical and unsafe.
(Code of Iowa, Sec. 321G.9(4a))
2. TRAILS. On trails in city parks or on other public property which is specially designated by the city council and which is marked by appropriate signs giving notice that snowmobiles may be operated in the area.
3. PRIVATE PROPERTY. On the private property of the operator or owner of a snowmobile or on any other private property in the city with the consent or permission of the property owner.
4. PUBLIC AREAS PROVIDED FOR SNOWMOBILES AND/OR ATV'S. On other public areas or streets specifically provided by the council by resolution of the Council.
20.06 ADEQUATE SNOW AND ICE COVER. A snowmobile may not be operated within the city on public or private property without adequate snow or ice cover. A snow or ice cover of no less than two 2 inches shall be deemed adequate.
20.07 CROSSING OF STREET. A snowmobile or ATV may make a direct crossing of a street or highway provided:
(Code of Iowa, Sec. 321G.9(2))
1. NINETY DEGREE ANGLE. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street and at a place where no obstruction prevents a quick and safe crossing; and
2. COMPLETE STOP. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled portion of the street, and
3. YIELD TO TRAFFIC. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and
4. CROSSING AT INTERSECTION. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.
20.08 REQUIRED EQUIPMENT. All snowmobiles or ATV's operated within the city shall have the following equipment:
1. MUFFLER. An effective and suitable muffling device that reduces the noise of operation of a snowmobile manufactured before July 1, 1973, to not more than 86 decibels, those manufactured before July 1, 1975 that limits engine noise to 82 decibels, and those manufactured since July 1, 1975, that limits engine noise to not more than 78 decibels, as provided by State law.
(Code of Iowa, Sec. 321G.ll)
2. Every all-terrain vehicle operated during the hours of darkness shall display a lighted head lamp and tail lamp. Every snowmobile shall be equipped with at least one head lamp and one tail lamp. Every all-terrain vehicle and snowmobile shall be equipped with brakes.
(Code of Iowa, Sec. 321G.12)
3. BRAKES. Brakes which conform to standards prescribed by the commissioner of public safety.
4. SAFETY THROTTLE. A safety or "dead man" throttle in operating condition.
20.09 UNLAWFUL OPERATION. It shall be unlawful for any person to operate any snowmobile in the City in the manner described:
1. SPEED. At a rate of speed greater than twenty (20) miles per hour, provided the circumstances are not such that a lesser speed would be prudent.
(Code of Iowa, Sec. 321G.13(1a))
2. CARELESS MANNER. In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.
(Code of Iowa, Sec. 321G.13(1b))
3. UNDER THE INFLUENCE. While under the influence of intoxicating liquor or narcotics or habit-forming drugs.
(Code of Iowa, Sec. 321.13(c))
4. IMPROPER EQUIPMENT. Without a proper headlight from sunset to sunrise and at such other times when conditions provide insufficient lighting to render clearly discernible persons and vehicles at a distance of 500 feet ahead; or without proper equipment as required by Section 20.08 of this Article.
(Code of Iowa, Sec. 321G.13(d))
5. IN TREE NURSERY. In any tree nursery or planting in a manner which damages or destroys growing stock.
(Code of Iowa, Sec. 321G.13(e))
6. FIREARMS. A person shall not operate or ride in an all-terrain vehicle or snowmobile with a firearm in the person's possession unless it is unloaded and enclosed in a carrying case. However, a nonambulatory person may carry an uncased and unloaded firearm while operating or riding an all-terrain vehicle or a snowmobile.
(Code of Iowa, Sec. 321G.13(2))
7. UNREGISTERED SNOWMOBILE. Without having such snowmobile registered as provided for by Iowa law except that this provision shall not apply to the operation of a snowmobile on the private property of the owner by the owner or a member of his immediate family.
8. WITHOUT INSURANCE. Without having in force at time of operation, a policy of insurance affording coverage for the operation of a snowmobile against liability imposed by law for bodily injury or death and for property damage. The minimum limits of coverage required of an owner shall be $50,000 for one person who is injured or killed in any one accident and $100,000 for two or more persons who are injured or killed in one accident. For property damage, the minimum coverage shall be $10,000. If requested by a peace officer (or other designated city official or employee), an owner or operator of a snowmobile shall present proof within 24 hours that a policy of insurance is currently in force.
UNATTENDED VEHICLE. It is unlawful for the owner or operator to leave or allow a snowmobile or ATV to be or remain unattended on public property while the motor is running or with keys for starting the vehicle left in the ignition.
9. CARRYING A PASSENGER. A person shall not operate an all-terrain vehicle while carrying a passenger
(Code of Iowa, Sec. 321G.13(3))
20.10 TOWING. No item shall be towed by a snowmobile or ATV unless coupled to said snowmobile or ATV by a rigid tow bar.
20.11 SINGLE FILE. Snowmobiles and ATV's shall, only when permitted on the traveled way, be driven in a single file manner in the proper lane of traffic as close to the curb or edge of roadway as is possible under existing conditions.
CHAPTER 5: GOLF CARTS
ARTICLE 21 - GENERAL PROVISIONS
21.01 DEFINITION. For use in this chapter, the following term is defined:
A. "Golf carts" shall mean and include any powered vehicle which are particularly used for golf recreation, whether so used or not, and which are either not registered or registerable by the State of Iowa as a motor vehicle for lack of capability to be so registered.
OPERATION ON CITY STREETS PERMITTED. It shall be permissible for persons possessing a valid motor vehicle license to operate a golf cart on the streets of this city subject to the following restrictions:
A. The operator shall only be allowed to operate the golf cart on city streets by taking the most direct route to and from the storage location and the municipal golf course.
B. Golf carts shall not be operated upon a city street which is a primary road extension through the city but shall be allowed to cross a city street which is a primary road extension through the city.
C. Golf carts shall only be permitted to operate on the streets of this city from sunrise to sunset.
21.03 EQUIPMENT REQUIREMENTS. Operators of golf carts intending to operate said golf carts on the streets of this city shall equip said golf carts with the following:
A slow mowing vehicle sign;
A bicycle safety flag; and,
Brakes adequate to meet reasonable safety standards.