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HomeMy WebLinkAboutOrdinance No. 5458STATE OF IOWA, I Black Hawk County, SS ORDINANCE NO. 5458 An ORDINANCE AMENDING T1iE,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 WATER- LOO, 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 subsec- tion E of this section are met. The process used to issue and maintain records for OFFICER TRAFFIC CITA- TIONS 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 regth istration number e violation charg- ed; the time; the date; andthe location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability 01 an administrative anng m which the notice may be con on its merits. 2. Any violation of this section I be subject to a civil fine as established by fesolUdon. All civil fines shall be payable to the City of Waterloo. D. Citable violations: 1. Any violation under City Traffic Code section 3842. E. Disqualii Criteria: An OFFICER TRAFFIC C TATION 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 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 consWera�icated 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 Depart- ment 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: It 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 subsec- tion 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 tat CONSIDERATION: June 11, 2018, PASSED 2nd CONSIDERATION: June 11, 2018, PASSED 3rd CONSIDERA- TION: June 11, 2018, PASSED AND ADOPTED this 11th day of June 2018. Quentin Hart, Mayor Attest: Kellev Fek:hle, Citv Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance 5458 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 12th day of July, 2018 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $50.18 Signed Subscribed and sworn to before me this A Day of LA.D., 20 Received of the sum of :L UJ Notary Public Dollars. In full for publication of the above notice. ®DI E MCKNSTR .' COMMSION 0.78211" MY IRES*.