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HomeMy WebLinkAbout5006-9 /13/2010ORDINANCE NO. 5006 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: REPEALING SECTION 161, LIMITATION ON BRIDGE OR ELEVATED STRUCTURES; AND ENACTING IN LIEU THEREOF A NEW SECTION 161, LIMITATION ON BRIDGE OR ELEVATED STRUCTURES; AND REPEALING SECTION 176, OVERTAKING A VEHICLE; AND ENACTING IN LIEU THEREOF A NEW SECTION 176, OVERTAKING A VEHICLE; AND REPEALING SECTION 179, ROADWAYS LANED FOR TRAFFIC; AND ENACTING IN LIEU THEREOF A NEW SECTION 179, ROADWAYS LANED FOR TRAFFIC; AND REPEALING SECTION 441, REPAIR OF LAMPS WITHIN 72 HOURS OF CITATION; AND ENACTING IN LIEU THEREOF A NEW SECTION 441, REPAIR OF LAMPS WITHIN 72 HOURS OF CITATION; AND REPEALING SECTION 459, RED LIGHTS ON FRONT OF VEHICLE; AND ENACTING IN LIEU THEREOF A NEW SECTION 459, RED LIGHTS ON FRONT OF VEHICLE; AND REPEALING SECTION 491, SAFETY BELTS AND SAFETY HARNESSES—USE REQUIRED; AND ENACTING IN LIEU THEREOF A NEW SECTION 491, SAFETY BELTS AND SAFETY HARNESSES—USE REQUIRED; AND REPEALING SECTION 492, CHILD RESTRAINT DEVICES; AND ENACTING IN LIEU THEREOF A NEW SECTION 492, CHILD RESTRAINT DEVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 161, Limitation on Bridge or Elevated Structures, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 161, Limitation on Bridge or Elevated Structures, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 161. LIMITATION ON BRIDGE OR ELEVATED STRUCTURES. 1. A person shall not drive a vehicle on any public bridge or elevated structure at a speed which is greater than the maximum speed permitted under this ordinance on the street or highway at a point where said street or highway joins said bridge or elevated structure. However, if the maximum speed permitted on said street or highway differs from the maximum speed on any other street or highway joining said bridge or elevated structure, then the lowest of those maximum speeds shall be the maximum speed limit on said bridge Ordinance No. 5006 Page 2 or elevated structure, unless the department upon request from any local authority, or upon its own initiative has conducted an investigation of the bridge or other elevated structure constituting a part of the highway, and has found that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this ordinance. Under those circumstances, the department shall determine and declare the maximum speed of vehicles which the structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of two hundred feet before each end of such structure. 2. A person shall not drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when the structure is sign -posted as provided in this ordinance. 3. Upon the trial of any person charged with driving a vehicle at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, proof of such determination of the maximum speed by said department and the existence of said signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. That Section 176, Overtaking Code, is hereby repealed in its 176, Overtaking a Vehicle, of the enacted in lieu thereof as follows; SEC. 176. OVERTAKING A VEHICLE. a Vehicle, of the 2008 Traffic entirety; that a new Section 2008 Traffic Code, is hereby The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated: 1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. 2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle. That Section 179, Roadways Laned for Traffic, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 179, Roadways Laned for Traffic, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: Ordinance No. 5006 Page 3 SEC. 179. ROADWAYS LANED FOR TRAFFIC. Whenever any roadway has been divided into three or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: 1. A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. 2. If a roadway is divided into three lanes, a vehicle shall not be driven in the center lane except as follows: a. When overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance. b. In preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation. 3. Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign. 4. Vehicles moving in a lane designated for slow-moving traffic shall yield the right-of-way to vehicles moving in the same direction in a lane not so designated when such lanes merge to form a single lane. 5. A portion of a highway provided with a lane for slow- moving vehicles does not become a roadway marked for three lanes of traffic. That Section 441, Repair of Lamps Within 72 Hours of Citation, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 441, Repair of Lamps Within 72 Hours of Citation, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 441. REPAIR OF LAMPS WITHIN 72 HOURS OF CITATION. 1. a. A citation issued for failure to have headlamps as required under Section 440 or 442 shall first provide for a seventy-two (72) hour period within which the person charged with the violation shall replace or repair the lamp(s) or light(s). b. A citation issued for failure to have rear lamps as required under Sec. 443 or a rear registration plate light as required under Section 446 shall first provide for a seventy-two hour period Ordinance No. 5006 Page 4 within which violation shall light. the person charged with the replace or repair the lamps or 2. If the person complies with the directive to replace or repair the headlamp, rear lamps, or rear registration plate light within the allotted time period, the citation shall be expunged. If the person fails to comply within the allotted time period, the citation shall be processed in the same manner as other citations. 3. A citation issued under this section shall include a written notice of replacement or repair which shall indicate the date of replacement or repair and the manner in which the replacement or repair occurred and which shall be returned to the issuing authority within the seventy-two (72) hour time period. That Section 459, Red Lights on Front of Vehicle, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 459, Red Lights on Front of Vehicle, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 459. RED LIGHTS ON FRONT OF VEHICLE. 1. No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying or reflecting a red light visible from directly in front thereof. No person shall display any color of light, other than red on the rear of any vehicle except that stop lights and directional signals may be red, yellow, or amber. 2. This section shall not apply to authorized emergency vehicles, or school buses and vehicles as provided in Iowa Code 321.423(6). That Section 491, Safety Belts and Safety Harnesses—Use Required, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 491, Safety Belts and Safety Harnesses—Use Required, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 491. SAFETY BELTS AND SAFETY HARNESSES --USE REQUIRED. 1. Except for motorcycles or motorized bicycles, 1966 model year or newer motor vehicles subject to registration in Iowa shall be equipped with safety belts and safety harnesses which conform with federal motor vehicle safety. 2. a. The driver and front seat occupants of a type of motor vehicle that is subject to registration in Iowa, except a motorcycle or a motorized bicycle, shall each wear a properly adjusted and fastened safety belt and safety harness any time the vehicle is in forward motion on a street or highway in this city except that a child under Ordinance No. 5006 Page 5 eighteen years of age shall be secured as required under Section 492. b. This subsection does not apply to: (1) The driver or front seat occupants of a motor vehicle that is not required to be equipped with safety belts or safety harnesses. (2) The driver and front seat occupants of a motor vehicle who are actively engaged in work that requires them to alight from and reenter the vehicle at frequent intervals, providing the vehicle does not exceed twenty-five miles per hour between stops. (3) The driver of a motor vehicle while performing duties as a rural letter carrier for the United States postal service. This exemption applies only between the first delivery point after leaving the post office and the last delivery point before returning to the post office. (4) Passengers on a bus. (5) A person possessing a written certification from a health care provider licensed by the State of Iowa on a form provided by the Iowa Department of Transportation that the person is unable to wear a safety belt or safety harness due to physical or medical reasons. The certification shall specify the time period for which the exemption applies. The time period shall not exceed twelve months, at which time a new certification may be issued unless the certifying health care provider is from a United States military facility, in which case the certificate may specify a longer period of time or a permanent exemption. (6) Front seat occupants of an authorized emergency vehicle while they are being transported in an emergency. However, this exemption does not apply to the driver of the authorized emergency vehicle. 3. The driver and front seat passengers may be each charged separately for improperly used or non -used equipment under subsection 2. However, the driver shall not be charged for a violation committed by a passenger who is fourteen years of age or older unless the passenger is unable to properly fasten a seat belt due to a temporary or permanent disability. The owner of the motor vehicle may be charged for equipment violations under subsection 1. Ordinance No. 5006 Page 6 That Section 492, Child Restraint Devices, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 492, Child Restraint Devices, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 492. CHILD RESTRAINT DEVICES. 1. a. A child under one year of age and weighing less than twenty pounds who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit in a rear -facing child restraint system that is used in accordance with the manufacturer's instructions. b. A child under six years of age who does not meet the description in paragraph "a" and who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer's instructions. 2. A child at least six years of age but under eighteen years of age who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer's instructions, or by a safety belt and safety harness of a type approved under Section 491. 3. This section does not apply to the following: a. Peace officers acting on official duty. b. The transportation of children in 1965 model year or older vehicles, authorized emergency vehicles, buses, or motor homes, except when a child is transported in a motor home's passenger seat situated directly to the driver's right. C. The transportation of a child who has been certified by a physician licensed under Iowa Code Chapter 148 as having a medical, physical, or mental condition which prevents or makes inadvisable securing the child in a child restraint system, safety belt, or safety harness. d. A back seat occupant of a motor vehicle for whom no safety belt is available because all safety belts are being used by other occupants or cannot be used due to the use of a child restraint system in the seating position for which a belt is provided. 4. A person who violates this section is guilty of a simple misdemeanor and punishable as scheduled under the Iowa Code. Violations shall be charged as follows: Ordinance No. 5006 Page 7 a. An operator who transports a passenger under fourteen years of age in violation of subsection 1 or 2 may be charged with a violation of this section. b. If a passenger fourteen years of age or older is unable to properly fasten a seatbelt due to a temporary or permanent disability, an operator who transports such a person in violation of subsection 2 may be charged with a violation of this section. Otherwise, a passenger fourteen years of age or older who violates subsection 2 shall be charged in lieu of the operator. C. If a child under fourteen years of age, or a child fourteen years of age or older who is unable to fasten a seatbelt due to a temporary or permanent disability, is being transported in a taxicab in a manner that is not in compliance with subsection 1 or 2, the parent, legal guardian, or other responsible adult traveling with the child shall be served with a citation for a violation of this section in lieu of the taxicab operator. Otherwise, if a passenger being transported in the taxicab is fourteen years of age or older, the citation shall be served on the passenger in lieu of the taxicab operator. 5. A person who is first charged for a violation of subsection 1 and who has not purchased or otherwise acquired a child restraint system shall not be convicted if the person produces in court, within a reasonable time, proof that the person has purchased or otherwise acquired a child restraint system which meets federal motor vehicle safety standards. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: Suzy c res, CMC City Clerk September 13, 2010 September 13, 2010 September 13, 2010 September 13, 2010 13th day of September, 2010. /Z rn'est. Ordinance No. 5006 Page 8 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5006 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 13th day of September, 2010. Witness my hand and seal of office this 13th day of September, 2010. SEAL Suzy Sc ares, CMC City Clerk t STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy ,of 1330330 THE FOLLOWING IS A SUMMARY OF ORDIN notice was published in the WATERLOO/CEDAR FALLS COURIER -, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 10/06/2010, in the issues of 10/06/2010 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said The fouowkrgls8sum newspaper, and that the following is a correct No. 5006. Thebrdir viewed In bill for publishing said notice. CityCterk,t Printer's Bill $20.83 Subscribed and sworn to before me this day of r 0 1-;;14� otary Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: DEBBIE S. ARBUCKLE COMMISSION NO. 174858 °c MY COM ISS ON EXPIRES f be ro- of the 459, RED to do- v.+v5.cv. �or,.v�i�r� K4, LUlV PASSt*D 1T CO TION: PASSED 2N0 C e ber 13, 2010 C $t T" IPASED 3RD CONE ftA,l'( . 10 September 13, 2010 PASSED AND ADOPTED this 13th day of September, 2010. Ernest G. Clerk, Mayor ATTEST: Suzy Schares, CMC City Clerk