Loading...
HomeMy WebLinkAbout5458-6/11/2018Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5458 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING CHAPTER 1 TRAFFIC CODE, OF TITLE 6 MOTOR VEHICLES AND TRAFFIC, BY ADDING ARTICLE 5 OFFICER TRAFFIC CITATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: 6-1-5: OFFICER TRAFFIC CITATION A. General: City police officers may issue OFFICER TRAFFIC CITATIONS to violators for citable violations of the city traffic code referred to in section 6-1-1, as set forth in subsection D of this section, in lieu of an Iowa Uniform Citation and Complaint, provided that none of the disqualifying criteria set forth in subsection E of this section are met. The process used to issue and maintain records for OFFICER TRAFFIC CITATIONS may be managed by the private contractor that owns and operates the requisite equipment, with supervisory control vested in the City's Police Department. B. Definitions: 1. OFFICER TRAFFIC CITATION: Shall mean a notice of fine generated in connection with this section. 2. OFFICER TRAFFIC ENFORCEMENT CONTRACTOR: Shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the officer traffic enforcement process. C. Notice of Violation; Fine: 1. The OFFICER TRAFFIC CITATION will be served upon the violator upon contact by the officer observing the violation. The citation shall include the name and address of the violator; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits. 2. Any violation of this section shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. D. Citable violations: 1. Any violation under City Traffic Code section 3842. E. Disqualifying Criteria: An OFFICER TRAFFIC CITATION shall not be issued under any of the following circumstances: 1. The violation arises in connection with a traffic accident in which a person has Ordinance No. 5458 Page 2 been injured. 2. The violator has no valid driver license. 3. The violator is operating while under the influence of alcohol or a controlled substance as defined by state law. 4. The violator has been convicted of, or pled guilty, no contest or the equivalent to, a traffic violation within the two years preceding the date of the violation being considered, as indicated by Iowa DOT or other state records. 5. The violator is unable to provide proof of insurance. F. Contesting an OFFICER TRAFFIC CITATION: A violator who has been issued an OFFICER TRAFFIC CITATION may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an Administrative Appeals Board (the 'Board") consisting of one or more impartial fact finders. Such a request must be filed within thirty (30) days from the date on which the citation was received. After a hearing, the Board may either uphold or dismiss the citation, and shall mail its written decision within ten (10) days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the violator shall either pay the fine or submit a request pursuant to subsection F2 of this section. 2. By submitting in a form specified by the City a request that in lieu of the OFFICER TRAFFIC CITATION, a Municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within thirty (30) days from the date on which the citation was issued. Such a request will result in a court order requiring the violator to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a Judge or Magistrate. If the court finds the violator guilty of the Municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. G. Failure To Timely Pay Or Appeal: If the recipient of an OFFICER TRAFFIC CITATION does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a Municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with section 6-1-1 of this chapter rather than subsection C of this section. If the court finds the vehicle owner guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. (Ord. 5411, 8-7-2017) INTRODUCED: June 11, 2018 PASSED 1St CONSIDERATION: June 11, 2018 PASSED 2nd CONSIDERATION: June 11, 2018 PASSED 3rd CONSIDERATION: June 11, 2018 PASSED AND ADOPTED this 11th day of June 2018. ATTEST: Kelley Felchle City Clerk Quentin Hart, Mayor