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HomeMy WebLinkAbout4352-04/19/1999 BLACK HAWK COUNTY IOWA:SS -� Filed for record AUG 4 , 1999 at MISC 4:00 P.M. and recorded in Book iNDEX1 of ��4 MT�r. Page 334 . MARGIN `' / PROOF ICZ?„ezt). Recorder COMPA' Fee 1-25.00/ • CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4352 AN ORDINANCE AMENDING THE 1999 TRAFFIC CODE BY ADDING SECTION 69, PROOF OF SECURITY AGAINST LIABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 69, Proof of Security Against Liability, of the 1999 Traffic Code, is hereby added as follows : SEC. 69 . PROOF OF SECURITY AGAINST LIABILITY. Iowa Code §321 . 20B, Proof of security against liability, is hereby adopted by reference in its entirety. All amendments to Iowa Code §321 . 20B shall automatically modify this Traffic Code . 1 . Notwithstanding chapter 321A, which requires certain persons to maintain proof of financial responsibility, a person shall not drive a motor vehicle on the highways of this state unless financial liability coverage, as defined in section 321 . 1, subsection 24A, is in effect for the motor vehicle and unless the driver has in the motor vehicle the proof of financial liability coverage card issued for the motor vehicle, or if the vehicle is registered in another state, other evidence that financial liability coverage is in effect for the motor vehicle . This subsection does not apply to the operator of a motor vehicle owned by or leased to the United States, this state or another state, or any political subdivision of this state or of another state, or to a motor vehicle which is subject to section 325A. 6 or 327B. 6 . 2 . a. An insurance company transacting business in this state shall issue to its insured owners of motor vehicles registered in this state a financial liability coverage card for each motor vehicle insured. Each financial liability coverage card shall identify the registration number or vehicle identification number of the motor vehicle insured and shall indicate the expiration date of the applicable insurance coverage . The financial liability coverage card shall also contain the name and address of the insurer or the name of the insurer and the name and address of the insurance agency, the name of the insured, and an emergency telephone number of the insurer or emergency telephone number of the insurance agency. b. The insurance division and the department, as appropriate, shall. adopt rules regarding the contents of a financial liability coverage card to be issued pursuant to this section. Notwithstanding the provisions of this section, a fleet owner is not required to maintain in each vehicle a financial liability coverage card with the individual registration number or the vehicle identification Eox 335 PAGE 344 Ordinance No. 4352 Page 2 number of the vehicle included on the card. Such fleet owner shall be required to maintain a financial liability coverage card in each vehicle in the fleet including information deemed appropriate by the commissioner of insurance or the director, as applicable . 3 . If the financial liability coverage for a motor vehicle which is registered in this state is canceled or terminated effective prior to the expiration date indicated on the financial liability coverage card issued for the vehicle, the person to whom the financial liability coverage card was issued shall destroy the card. 4 . a. If a peace officer stops a motor vehicle registered in this state and the driver is unable to provide proof of financial liability coverage, the peace officer shall do one of the following: (1) Issue a warning memorandum to the driver. (2) Issue a citation to the driver. If a citation is issued, the citation shall be issued under this subparagraph unless the driver has been previously charged and cited for a violation of subsection 1 . A citation which is issued and subsequently dismissed shall be disregarded for purposes of determining if the driver has been previously charged and cited. (3) Issue a citation and remove the motor vehicle ' s license plates and registration receipt . Upon removing the license plates and registration receipt, the peace officer shall deliver the plates for destruction, as appropriate, and forward the registration receipt and evidence of the violation, as determined by the department, to the county treasurer of the county in which the motor vehicle is registered. The motor vehicle may be driven for a time period of up to forty-eight hours after receiving the citation solely for the purpose of removing the motor vehicle from the highways of this state, unless the driver' s operating privileges are otherwise suspended. After receiving the citation, the driver shall keep the citation in the motor vehicle at all times while driving the motor vehicle as provided in this subparagraph, as proof of the driver ' s privilege to drive the motor vehicle for such limited time and purpose . (4) (a) Issue a citation, remove the motor vehicle ' s license plates and registration receipt, and impound the motor vehicle . The peace officer shall deliver the plates for destruction, as appropriate, and forward the registration receipt and evidence of the violation, as determined by the department, to the county treasurer of the county in which the motor vehicle is registered. (b) A motor vehicle which is impounded may be claimed by a person if the owner provides proof of financial liability coverage and proof of payment of any applicable fine and the costs of towing and storage for the motor vehicle. If the motor vehicle is not @0OK e3J5 PAGE 345 Ordinance No. 4352 Page 3 claimed within thirty days after impoundment, the motor vehicle may be treated as an abandoned vehicle pursuant to section 321 . 89 . (c) The holder of a security interest in a motor vehicle which is impounded pursuant to this subparagraph shall be notified of the impoundment within seventy-two hours of the impoundment of the motor vehicle and shall have the right to claim the motor vehicle upon the payment of all fees . However, if the value of the vehicle is less than the security interest, all fees shall be divided equally between the lienholder and the political subdivision impounding the vehicle . b. An owner or driver of a motor vehicle who is charged with a violation of subsection 1 and issued a citation under paragraph "a" , subparagraph (3) or (4) , is subject to the following: (1) An owner or driver who produces to the clerk of court, within thirty days of the issuance of the citation under paragraph "a" , or prior to the date of the individual ' s court appearance as indicated on the citation, whichever is earlier, proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, or, if the driver is not the owner of the motor vehicle, proof that liability coverage was in effect for the driver with respect to the motor vehicle being driven at the time the driver was stopped and cited, in the same manner as if the motor vehicle were owned by the driver, shall be given a receipt indicating that such proof was provided and be subject to one of the following: (a) If the person was cited pursuant to paragraph "a" , subparagraph (3) , the owner or driver shall provide a copy of the receipt to the county treasurer of the county in which the motor vehicle is registered and the owner shall be assessed a fifteen dollar administrative fee by the county treasurer who shall issue new license plates and registration to the person after payment of the fee . (b) If the person was cited pursuant to paragraph "a" , subparagraph (4) , the owner or driver, after the owner provides proof of financial liability coverage to the clerk of court, may claim the motor vehicle after such person pays any applicable fine and the costs of towing and storage for the motor vehicle, and the owner or driver provides a copy of the receipt and the owner pays to the county treasurer of the county in which the motor vehicle is registered a fifteen dollar administrative fee, and the county treasurer shall issue new license plates and registration to the person. (2) An owner or driver who is charged with a violation of subsection 1 and is unable to show that financial eau 335 PACE 346 Ordinance No. 4352 Page 4 liability coverage was in effect for the motor vehicle at the time the person was stopped and cited may do either of the following: (a) Sign an admission of violation on the citation and remit to the clerk of court a scheduled fine as provided in section 805 . 8, subsection 2 , for a violation of subsection 1 . Upon payment of the fine to the clerk of court of the county where the citation was issued, payment of a fifteen dollar administrative fee to the county treasurer of the county in which the motor vehicle is registered, and providing proof of payment of any applicable fine and proof of financial liability coverages to the county treasurer of the county in which the motor vehicle is registered, the treasurer shall issue new license plates and registration to the owner. (b) Request an appearance before the court on the matter. If the matter goes before the court, and the owner or driver is found guilty of a violation of subsection 1, the court may impose a fine as provided in section 805 . 8, subsection 2 , for a violation of subsection 1, or the court may order the person to perform unpaid community service instead of the fine. Upon the payment of the fine or the entry of the order for unpaid community service, the person shall provide proof of payment or entry of such order and the county treasurer of the county in which the motor vehicle is registered shall issue new license plates and registration to the owner upon the owner providing proof of financial liability coverage and paying a fifteen dollar administrative fee to the county treasurer. c . An owner or driver cited for a violation of subsection 1, who produces to the clerk of court within thirty days of the issuance of the citation proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited as provided in paragraph "b" , shall not be convicted of such violation and the citation issued shall be dismissed. 5 . If the motor vehicle is not registered in this state and the driver is a nonresident, the peace officer shall do one of the following: a. Issue a warning memorandum to the driver. b. Issue a citation. An owner or driver who produces to the clerk of court within thirty days of the issuance of the citation, or prior to the date of the individual ' s court appearance as indicated on the citation, whichever is earlier, proof that the financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, or if the driver is not the owner of the motor vehicle, proof that liability coverage was in effect for the driver with respect to the motor vehicle being driven at the time the driver was stopped coEOOK 335 PAGE 347 Ordinance No. 4352 Page 5 and cited in the same manner as if the motor vehicle were owned by the driver, shall be given a receipt indicating that proof was provided, and the citation issued shall be dismissed. 6 . This section does not apply to a motor vehicle identified in section 321 . 18 , subsections 1 through 6, and subsection 8 . 6A. This section does not apply to a lienholder who has a security interest in a motor vehicle subject to the registration requirements of this chapter, so long as such lienholder maintains financial liability coverage for any motor vehicle driven or moved by the lienholder in which the lienholder has an interest . 7 . This section does not apply to a motor vehicle owned by a motor vehicle dealer or wholesaler licensed pursuant to chapter 322 . " If, in connection with a motor vehicle accident, a person is charged and found guilty of a violation of Section 69 of the Waterloo Traffic Code, the scheduled fine is One Hundred Dollars ($100 . 00) . INTRODUCED: April 19, 1999 PASSED 1ST CONSIDERATION: April 19, 1999 PASSED 2ND CONSIDERATION: April 19, 1999 PASSED 3RD CONSIDERATION: April 19, 1999 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 19th day of April, 1999 and approved by the Mayor on the 21st day of April, 1999 . —�e Jo ,n R. 'oof f, Mayor 4 ATTEST: [4-et/71— Nancy E ert, City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 4352 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 19th day of April, 1999 . Witness my hand and seal of office this 21st day of April, 1999 . 11" "14— tdeAt•te- Nancy Ect, City Clerk SEAL EOOK 335 PaG€34 FORM I IT. STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal City of Waterloo Black Hawk County, Ordinance No. 4352 — Traffic $0.23(down trom$0.2b Attachment Point: (down from$31.10) i Moved by Mosley,se ORDINANCE NO.43 LeestamPer r that be notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in AN ORDINANCE AM tracts and 1999 TRAFFIC COD• recommended by Thorn SECTION 69,PRO( Director of Human Res RITYAGAINST LIAB the Joint Insurance I Waterloo, 21st Black Hawk County, Iowa,once commencing on the --- Committee. Motion can Moved by Leestampe 6ulaew yons lv -pawl by Granger that the F ,11 ienos!ayi to i°uMol CATION REQUEST day of May )9 99 luepisei Rue wce;suo!l Point of Coordinat, in the name of M 10 rem'Bowl pue a Administrator(p anp ewooaq Heys awes time)'position at ps, a se spuog ayl uo'(ut submitted by ti., said newspaper, and that the annexed rate of advertised is the regular legal rate of said d uo!ldwepai pue ls°ia Silpvisrs'eceta r 1puud eta Red ot tiepin approved ltIM;o suole6!Igo eyt' of Central Po t of II pue tans! ayi (CPC)Administ c. awaai6y U507 a iapU all-time) newspaper, and that the following is a correct bill for publishing said notice. Il Aq peseoei siunowe effective June 1, 1 is Aielos e1geAed eq II! Chair be authorizes it tnq'uoitexel Aq tau sign for same as app Printer's Bill 94.02 elgeied eq Rayl II!m i• said that there th ad be,CP 41 to suoile6igo leieue applicants PC 00 Iou Him pue suoile6!l• the best of themitat'' 7 Him'pansi uayM sew sHuman Resources Dir )uenss!ayi gl!M palepos Pounds said that the .ylo u!epeo pus aouenss! be$37,000 to$47. - '4 6uecced pusJamoiiog ay lildebrahe asicec (� .gyp/` *pope!Bu!ls!xa u!elie°I. was. Mr.Pounds sato I(�(1 ,f Q. 2 . c.`�:} 41'(„ioe(oid„eyl)'eMOI'r difference. Mr.Hildeb ) A io ayi ;0 strum at the educational rect. Signed 41 atom pateool eq ot sr the position had bier r °Begley°Aileoisdyd pus then the pay raise snot'of spun s tiu!snoy'' opposed ca the osie 1 aeey0ind ayi'enrol 'o Motion M-five . �, 1nu5ny ayl{ toe s le at m.,a twenty-five day of amoiiog°141;0 goads eoy a.m.,a public hearinc Subscribed and sworn to before me this �owei eta Bu!oueu!;;o esot provided by law in the i;ceideoiiog„ t i• no t 201oof the Black H 92 Rt'!ideox3 of lunawt Courthouse,Waterbed 50101 pee'(,spuo8,sy1)01 •time all interested p. i1,D. 11 eeoxa o1 Iou lunowe appear to file object aid ele6ai66e ue u!'ianss posed window roplac,- / loeloid'our'suosiad tem; for the Black H puog anuanay�1 �(i!l!oe- Courthouse. nss!01 lesodoid ay;uo I There were no oral e i qnd e 6u!ionpuoo to°sod tions. ' i;'eMoI 'oolieteM u!asnc Moved by Mosley. luno° )fineH 110819 White that the heal. „,"&.6 , (iitettLC46 wieetrit sios!niadn9 ;o Motion carried. 41 is"eye 110010,0 sl'...-.' At nine-twenty-five 1unp;o Aep is i ayi a.m.,the Chair asnc Notary I'u) Ic Ann!,ayl)'eMoI',ti had arrived in accorc: oelg to sios!niadn5 to action and as adver ' (103rOHd' • ing of bids on the pr, H3d 11/NO11d30X at replacement proles', I3N3A3H A11110vd 3> 61 Hawk County Court', Received oI )1 NOI1N31NI 30 c The Board of superv: :i.woinii a proof of pullication o le!luelsgns u!eq Heys - ders and determined eenssl 5143 u!yl!M uo!lelno I said notice had bee. Burney pue pays!lgnd 1 accordance with the u! 'Bu!ieay ayi io;p of the Code of low, yl of io!id sr(ep(gr.)ut was approved. sal lou aouo lseal le u The Chair announce the sum oI q'Rey eq Him Buueay sealed bids were a mid pue uayM°w!1 et' 9:00 a.m.,May 11,' sodind pue lunowe in the Notice to Bidde !gas'spac1g ayi°nss!o announcement being o pp e0!lou BNB ot ewesewesfollov;ng bids were Jowly Aluno0 0111' read ey Wayne Snyd Dollars -palsy elgweArchitecture: .paiie;aispuogowenss I WINDOWS: Ill lull fur publication the above notice. °yl uo suoloal 10 ueg!il COMPANY BA; .eseid Aew Janssl eyl it Cardinal Constructor uadoid io iuepisai Aur Zephyr Alumii JE awl y0!yM le'"UP moot $325,827 r'enrol 'oolieleM'esnc Zephyr Alumi, luno° )IMeH Nogg I $310,516 Architectural Wal'