City of Primghar

Ordinances

DISCLAIMER--1991 Version--See Current!!

Traffic Section

General|||Accidents|||State|||Traffic Control|||Turning|||Restricted Access

Stop X|||Stopped|||Funeral Proc|||Pedestrians|||Restricted Use

School Buses|||Enforcement|||Golf Carts

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Title X Traffic Chapters

10.04 General provisions

10.08 Accidents

10.12 State provisions

10.16 Traffic control devices

10.20 Turning movements

10.24 Restricted access

10.28 Stop intersections

10.32 Stopping, standing and parking

10.36 Funeral processions and parades

10.40 Pedestrians

10.44 Restricted use of vehicles

10.48 School buses

10.52 Enforcement

10.56 Golf carts

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Chapter 10.04 General Provisions Sections:

10.04.010 Purpose

10.04.020 Title

10.04.030 Definitions

10.04.010 Purpose . The purpose of this chapter is to regulate traffic upon and use of the streets of Primghar, Iowa and to provide for the enforcement of these regulations.

10.04.020 Title . The ordinance codified in this chapter may be known and cited as the "Traffic Code."

10.04.030 Definitions . Where words and phrases used in this chapter are defined by laws of Iowa, such definitions shall apply to this chapter as follows:

A. "Business districts" means the business district as defined in Title XVII of the city code.

B. "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.

C. "Residential districts" shall mean the territory contiguous to and including a highway not comprising a business, suburban or school district where forty percent (40%) 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. (Code of Iowa, 1991, Sec. 321.1(58))

D. "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.

E. "Stop" means complete cessation of movement.

F. "Stop or stopping" shall mean any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or tragic control sign or signal.

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Chapter 10.08 Accidents Sections:

10.08.010 Traffic studies

10.08.020 Reports-filing

10.08.030 Reports-investigation

10.08.040 Safety report

10.08.050 Records

10.08.010 Traffic studies . Whenever the accidents at any particular location become numerous, the chief of police shall conduct studies of such accidents and propose remedial measures. (Code of Iowa, 1991, Sec. 372.13(i))

10.08.020 Reports-filing

A. 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 peace officers and shall be subject to the provisions of Section 321.271 of the Code of Iowa, 1991. (Code of Iowa, 1991, Sec. 321.273 & 321.274)

B. The chief of police shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. (Code of Iowa, 1991, Sec. 372.13(4))

10.08.030 Reports-investigation . The police chief shall investigate all accidents reported. If sufficient evidence of a violation is found, proper action will be taken to punish the violator. (Code of Iowa, 1991, Sec. 372.13(4))

10.08.040 Safety report . The chief of police shall 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. (Code of Iowa, 1991, Sec. 372.13(4))

10.08.050 Records

A. The chief of police shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver which shall be filed alphabetically under the name of the driver concerned. (Code of Iowa, 1991, Sec. 372.13(4))

B. The chief of police 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 therefor, and he 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, 1991, Sec. 321.201-321.215)

C. The chief of police shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver during the most recent three (3) year period. Such reports shall be filed alphabetically under the name of the driver concerned. (Code of Iowa, 1991, Sec. 371.13(4))

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Chapter 10.12 State Provisions Sections:

10.12.010 Police and fire department-authority

10.12.020 Iowa statutory laws designated

10.12.010 Police and fire department -authority

A. Provisions of this chapter and the Iowa law relating to motor vehicles and law of the road shall be enforced by the officers of the police department.

B. The officers of the police department are authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws. In the event of a fire or other emergency, officers of the police department may direct traffic as conditions require notwithstanding the provisions of the traffic laws. (Code of Iowa, 199l, Sec. 372.13(4))

C. Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.

10.12.020 Iowa statutory laws designated . Any person who willfully fails or refuses to comply with any lawful order of a police officer, or in direction of a fire department officer during a fire, or who fails to abide by the provisions of this title 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 are:

A. 321.32, 321.174, 321.190, 321.193 and 321.318 through 321.224: Display of registration and license to drive.

B. 321.229 through 321.234: Obedience to and responsi- bility of public officers, emergency vehicles and bicycles to obey traffic regulations.

C. 321.256 through 321.260: Traffic signs, signals and markings.

D. 321.261 through 321.266 and 321.268: Accident and accident reporting.

E. 321.275: Operation of motorcycles.

F. 321.283 through 321.288 and 321.294 through 321.296: Reckless driving, drag racing, speed, control of vehicle and minimum speed.

G. 321.297 through 321.310: Driving on right, meeting, overtaking, following and towing.

H. 321.311 through 321.318: Turning and starting, signals on turning and stopping.

I. 321.319 through 321.324: Right of way.

J. 321.325 through 321.334 and 321.340: Pedestrian rights and duties and safety zones.

K. 321.341 through 321.344: Railroad crossings.

L. 321.353 through 321.360: Stop at sidewalks, stopping, standing and parking.

M. 321.362 through 321.371: Unattended vehicle, obstructing driver's view, crossing median, following fire apparatus or crossing fire hose, and putting glass, etc., on streets.

N. 321.384 through 321.409, 321.415, and 321.418 through 321.423: Lighting equipment required and time of use.

O. 321.430 through 321.443 and 321.447 through 321.450: Brakes, horns, sirens, mufflers, wipers, mirrors, tires, flares, windows, safety belts, and special markings for transporting explosives.

P. 321.452 through 321.463, 321.465 and 321.446: Size, weight and load.

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Chapter 10.16 Traffic Control Devices Sections:

10.16.010 Installation-maintenance

10.16.020 Crosswalks and traffic lanes-designation

10.16.030 Standards

10.16.040 Compliance

10.16.050 Possession of traffic control device

10.16.060 Play streets-designation

10.16.010 Installation-maintenance. The police chief 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 any emergency or temporary condition as traffic conditions may be required 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, 1991, Sec. 372.13(4), 321.254 & 321.255)

10.16.020 Crosswalks and traffic lanes-designation

A. The police chief is authorized 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; and (Code of Iowa, 1991, Sec. 372.13(4) & 321.255)

B. 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, 1991, Sec. 372.13(4) & 321.255)

10.16.030 Standards . Traffic control devices shall comply with standards established by The Manual of Uniform Traffic Control Devices for Streets and Highways (Code of Iowa, 1991, Sec. 321.256)

10.16.040 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, 1991, Sec. 321.256)

10.16.050 Possession of traffic control device . It shall be unlawful for any person to have in his possession any official traffic control device except by reason of his employment.

10.16.060 Play streets-designation . The mayor shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon 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, 1991, Sec. 321.255)

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Chapter 10.20 Turning Movements Sections:

10.20.010 Directing-turning markers, buttons, signs

10.20.020 Restricting-sign installation

10.20.030 Obedience to no-turn signs

10.20.040 "U" turn

10.20.010 Directing-turning markers, buttons, signs . The chief of police 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. 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, including right hand turns at intersections with automatic traffic signals. (Code of Iowa, 1991, Sec. 321.344)

10.20.020 Restricting-sign installation . The chief of police is authorized to determine those intersections, as traffic conditions require, at which the drivers of vehicles shall not make a right or left turn. The making of such turns may be prohibited between certain hours of any day, in which event the same shall be plainly indicated on signs. (Code of Iowa, 1991, Sec. 321.311)

10.20.030 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.

10.20.040 "U" turns . It is unlawful for a driver to make a "U" turn except at an intersection; provided, however, that "U" turns are prohibited at intersections where there are automatic traffic signals.

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Chapter 10.24 Restricted Access Sections:

10.24.010 Sign installation

10.24.020 Designation

10.24.030 Restricting direction of movement on streets during certain periods

10.24.010 Sign installation . Whenever any traffic ordinance of this city designates any one way street or alley, the chief of police shall place and maintain signs giving notice thereof and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of traffic movement shall be placed at every intersection where movement of the traffic in the opposite direction is prohibited. It is 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. (Code of Iowa, 1991, Sec. 321.236)

10.24.020 Designation . Upon the following streets and alleys vehicular traffic shall move only in the indicated direction: (Code of Iowa, 1991, Sec. 321.236)

10.24.030 Restricting direction of movement on streets during certain periods

A. The chief of police is authorized to determine and recommend to the council certain streets or specified lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and he shall upon authority given by ordinance place and maintain appropriate markings, signs, barriers or other devices to give notice designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway.

B. It is 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. (Code of Iowa, 1991, Sec. 321.236)

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Chapter 10.28 Stop Intersections Sections:

10.28.010 Through highways

10.28.020 Stop sign installation

10.28.030 Stops at intersecting through highways and other intersections

10.28.040 Stop when traffic is obstructed

10.28.050 School stops

10.28.010 Through highways . Streets or portions of streets described in this section are declared to be through highways: U.S. Highway 59.

10.28.020 Stop sign installation . Whenever any ordinance of this city designates and describes a through highway, it shall be the duty of the chief of police to cause to be placed and maintained a stop sign on each and every street intersecting such through highway except as modified in Section 10.28.030 in the case of intersecting through highways.

10.28.030 Stops at intersecting through highways and other intersections . At the intersections of through highways and at intersections upon streets other than through highways where, because of heavy cross traffic or other traffic conditions, particular hazard exists, the chief of police is authorized to determine whether vehicles shall stop or yield at one or more entrances to any such intersection, shall present said recommendation to the council, and upon approval by the council, he shall erect an appropriate sign at every such place when a stop or yield is required. (Code of Iowa, 1991, Sec. 321.345)

10.28.040 Stop when traffic is obstructed . Not withstanding any traffic control signal indication to proceed, no driver shall enter any 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. (Code of Iowa, 1991, Sec. 321.358)

10.28.050 School stops . When a driver of a vehicle approaches an authorized school stop, he shall bring such vehicle to a full stop at a point ten feet from the approach side of the crosswalk marked by an authorized school stop sign, and thereafter proceed in a careful and prudent manner until he has passed such school site.

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Chapter 10.32 Stopping, Standing and Parking Sections:

10.32.010 Standing or parking close to curb

10.32.020 Standing or parking on the left hand side of one way streets

10.32.030 Angle parking-marking

10.32.040 Angle parking-obedience to designation required

10.32.050 Prohibited places-designated

10.32.060 Prohibited places-marking-authority

10.32.070 Vehicle impoundment

10.32.080 Prohibited places-sign posting-requirement

10.32.090 Snow emergencies

10.32.100 All night parking prohibited

10.32 110 Truck parking limited

10.32.120 Parking for certain purposes prohibited

10.32.010 Standing or parking close to curb . No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway, except as provided in this chapter in the case of angle parking and vehicles parked on the left hand side of one way streets. (Code of Iowa, 1991, Sec. 321.361)

10.32.020 Standing or parking on the left hand side of one-way streets . No person shall stand or park a vehicle on the left hand side of a one way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left hand wheels of the vehicle within 18 inches of the curb or edge of the roadway except as provided in this chapter in the case of angle parking. (Code of Iowa, 1991, Sec. 321.361)

10.32.030 Angle parking-marking . The chief of police, as traffic conditions require, hall determine upon what streets angle parking shall be permitted and shall mark or sign such streets or portions thereof indicating the method of angle parking. Such determination shall be subject to approval by council resolution.

10.32.040 Angle parking-obedience to designation required . 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.

10.32.050 Prohibited places-designated . No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device in any of the following places: A. In any public alley within the fire limits of this city. (Code of Iowa, 1991, Sec. 321.236(1))

B. 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, 1991, Sec. 321.236(1))

C. Within 35 feet of a crosswalk at an intersection. (Code of Iowa, 1991, Sec. 321.358(5))

D. Upon any street within the corporate limits when snow or ice removal is necessary.

E. On the center parkway or dividing area of any divided street. (Code of Iowa, 199l, Sec. 321.236(1))

F. Within 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, 1991, Sec. 321.236(1))

10.32.060 Prohibited places-marking-authority . When, because of restricted visibility or when standing or parked vehicles constitute a hazard to moving traffic or when other traffic conditions require, the chief of police may cause curbing to be painted with a yellow or orange color and erect no parking or standing signs. It is unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or sign posted.

10.32.070 Vehicle impoundment . Members of the police department are authorized to remove or cause to be removed a vehicle from a street, public alley, or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the city, under the circumstances enumerated in this section as follows:

A. 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.

B. 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.

C. When any vehicle is left parked upon a street for a continuous period of 72 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.

D. When any vehicle is left parked in violation of a ban on parking during a snow emergency as proclaimed by the mayor. (Code of Iowa, 199l, Sec. 321.236(1)) In addition to the penalties provided in Chapter 10.52, the owner or driver of any vehicle impounded for violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing charges and storage.

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Chapter 10.36 Funeral Processions and Parades

Sections

10.36.010 Driving through prohibited

10.36.020 Drivers in a procession

10.36.030 Funeral processions-identification

10.36.010 Driving through prohibited . No driver of any vehicle shall drive between the vehicles comprising a funeral or authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.

10.36.020 Drivers in a procession . Each driver in a funeral or other procession shall drive as near to the right hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe. (Code of Iowa, 1991, Sec. 321.236(3), 364.1)

10.36.030 Funeral processions-identification . A funeral procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the chief of police. (Code of Iowa, 1991, Sec. 321.236(3), 372.13(4))

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Chapter 10.40 Pedestrians Sections

10.40.010 Use of crosswalks

10.40.020 Use of sidewalks, left side of roadway

10.40.030 Hitch hiking

10.40.010 Use of crosswalks . 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. Pedestrians crossing a street in the business district shall cross in the crosswalks only. (Code of Iowa, 1991, Sec. 321.328)

10.40.020 Use of sidewalks, left side of roadway . Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided, pedestrians shall at all times when walking on or along a roadway, walk on the left side of such roadway. (Code of Iowa, 1991, Sec. 326)

10.40.030 Hitch hiking . No person shall stand in the travel portion of a street for the purpose of soliciting a ride from the driver of any private vehicle. (Code of Iowa, 1991, Sec. 321.331)

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Chapter 10.44 Restricted Use of Vehicles Sections

10.44.010 Driving on sidewalks prohibited

10.44.020 Driving in quiet zones

10.44.030 Clinging to vehicles

10.44.040 Excessive acceleration

10.44.010 Driving on sidewalks prohibited . The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway. (Code of Iowa, 1991, Sec. 364.1)

10.44.020 Driving in 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.

10.44.030 Clinging to vehicles . No person shall drive a motor vehicle on the streets of this city unless all passengers of said vehicle are inside said 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. (Code of Iowa, 1991, Sec. 364.1)

10.44.040 Excessive acceleration.

A. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public street or publicly held property within the city limits of Primghar, Iowa. Prima facie evidence of such unnecessary exhibition of speed shall be unreasonable squealing or screeching sounds emitted by the tires or the throwing of sand and gravel by the tires or to cause the tires of of the vehicle to leave skid marks on the pavement or to cause the front wheel of a motorcycle to leave the ground more than two inches, except when such acceleration is reasonably necessary to avoid collision.

B. A violation of this section is a scheduled violation, whether charged as a municipal infraction or as a criminal violation, and is subject to a minimum civil penalty or fine, respectively, of $25.00.

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Chapter 10.48 School Buses Sections

10.48.010 School bus signals

10.48.020 Discharging pupils

10.48.030 Other motor vehicles to stop

10.48.010 School bus 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 warning lamps at a distance of not less than 300 feet, nor more than 500 feet from the point of where said 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, turn off the amber flashing warning lamps, turn on the red flashing warning lamps, and extend the stop arm. After receiving or discharging pupils, the bus driver shall turn off the flashing warning lamps, retract the top arm and then proceed on the route. Except to the extent that reduced visibility is caused by fog, snow or other weather conditions, a school bus shall stop to load or unload pupils unless there is at least 300 feet of unobstructed vision in each direction. A school bus when operating on a highway with four or more lanes shall not stop to load or unload pupils who must cross the highway, but may do so at points where there are official traffic control devices or police officers. The driver of a school bus shall, while carrying passengers, have its headlights turned on. (Code of Iowa, 1991, Sec. 321.372(1))

10.48.020 Discharging pupils . All pupils shall be received and discharged from the right front entrance of every school bus. If said 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, 1991, Sec. 321.372(2))

10.48.030 Other motor vehicles to stop .

A. The driver of any vehicle overtaking a school bus shall not pass a school bus when red or amber flashing stop warning signal lights are flashing and shall bring said vehicle to acomplete stop not closer than 15 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 signalled by the driver to proceed. (Code of Iowa, 1991, Sec. 321.372(3))

B. 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 20 miles per hour, and shall bring said vehicle to a complete stop when the school bus stops and the signal arm is extended, and said vehicle shall remain stopped until the stop arm is retracted after which the driver may proceed with due caution. (Code of Iowa, 1991, Sec. 321.372(3))

C. 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, 1991, Sec. 321.372(4))

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Chapter 10.52 Enforcement Sections

10.52.010 Officer defined

10.52.020 Arrest-notice to appear

10.52.030 Illegally parked vehicle-attachment of summons

10.52.040 Illegally parked vehicle-presumption of owner

10.52.050 Impounding vehicles

10.52.010 Officers defined . Providing that the city shall be under a contractual arrangement with O'Brien County, Iowa for the providing of law enforcement services to the city by the O'Brien County Sheriff's Department, the following shall be incorporated into this Chapter:

A. "Chief of police" shall mean the O'Brien County Sheriff.

B. "Police department" shall mean the O'Brien County Sheriff's Department. If and when the contractual arrangement does not exist for any reason whatsoever, this section shall become null and void.

10.52.020 Arrest-notice to appear . Whenever a police officer has reasonable cause to believe that a person has violated any provision of this chapter, such officer may:

A. Immediately arrest such person and take him before a judicial magistrate of O'Brien County, Iowa.

B. 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. (Code of Iowa, 1991, Sec. 805.6, 321.485)

10.52.030 Illegally parked vehicle-attachment of summons

A. Admitted violations of any parking restrictions imposed by this chapter may be charged upon a simple notice of a fine of $5.00 payable at the office of the city clerk. If such fine is not paid within 72 hours, a complaint may be filed as provided by Chapter 804 of the Code of Iowa. (Code of Iowa, 1991, Sec. 321.236(l)(a))

B. Whenever a vehicle is parked in violation of this chapter and the driver is not present, the notice of fine or citation or summons as herein before provided shall be attached to the vehicle in a conspicuous place and the driver of such vehicle shall be held to appear at the time and place designated in the summons.

10.52.040 Illegally parked vehicle- presumption of owner 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:

A. The particular vehicle described in the information was parked in violation of this chapter; and

B. The defendant named in the information was the registered owner at the time in question.

10.52.050 Impounding vehicles . A police 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 designated or maintained by the city for vehicles which are disabled, illegally parked, parked for over 72 hours, and vehicles which are in violation of a ban on parking during snow removal operations. (Code of Iowa, 1991, Sec. 321.236(1))

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Chapter 10.56 Golf Carts Sections

10.56.010 Definition

10.56.020 Operation on city streets permitted

10.56.030 Equipment requirements

10.56.040 Violation penalty

10.56.010 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.

10.56.020 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.

10.56.030 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. A slow mowing vehicle sign;

B. A bicycle safety flag; and,

C. Brakes adequate to meet reasonable safety standards.

10.56.040 Violation-penalty . Violations of any of the provisions of this chapter shall result in the imposition of a fine not exceed $100.00.

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DISCLAIMER--1991 Version--See Current!!


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