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HomeMy WebLinkAbout5007-9 /13/2010ORDINANCE NO. 5007 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: REPEALING SECTION 47, FRAUDULENT USE OF REGISTRATION; AND ENACTING IN LIEU THEREOF A NEW SECTION 47, FRAUDULENT USE OF REGISTRATION; AND REPEALING SECTION 58, OPERATORS LICENSED— OPERATION OF COMMERCIAL MOTOR VEHICLES; AND ENACTING IN LIEU THEREOF A NEW SECTION 58, OPERATORS LICENSED—OPERATION OF COMMERCIAL MOTOR VEHICLES; AND REPEALING SECTION 65, PERMITTING UNAUTHORIZED MINOR TO DRIVE; AND ENACTING IN LIEU THEREOF A NEW SECTION 65, PERMITTING UNAUTHORIZED MINOR TO DRIVE; AND REPEALING SECTION 66, PERMITTING UNAUTHORIZED PERSON TO DRIVE; AND ENACTING IN LIEU THEREOF A NEW SECTION 66, PERMITTING UNAUTHORIZED PERSON TO DRIVE; AND REPEALING SECTION 427, VEHICLES IN UNSAFE CONDITION; AND ENACTING IN LIEU THEREOF A NEW SECTION 427, VEHICLES IN UNSAFE CONDITION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 47, Fraudulent Use of Registration, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 47, Fraudulent Use of Registration, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 47. FRAUDULENT USE OF REGISTRATION. A person shall not knowingly lend to another a registration card, registration plate, special plate, or permit issued to the person if the other person desiring to borrow the card, plate, or permit would not be entitled to the use of it. A person shall not knowingly permit the use of a registration card, registration plate, special plate, or permit issued to the person by one not entitled to it, nor shall a person knowingly display upon a vehicle a registration card, registration plate, special plate, or permit not issued for that vehicle under this ordinance. Scheduled fine is $200.00. That Section 58, Operators Licensed—Operation of Commercial Motor Vehicles, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 58, Operators Licensed— Operation of Commercial Motor Vehicles, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: Ordinance No. 5007 Page 2 SEC. 58. OPERATORS LICENSED --OPERATION OF COMMERCIAL MOTOR VEHICLES. Iowa Code §321.174(1) and (2) are hereby adopted by reference. All amendments to Iowa Code §321.174(1) and (2) shall automatically modify this section. 111. A person, except those expressly exempted, shall not operate any motor vehicle upon a highway in this state unless the person has a driver's license issued by department valid for the vehicle's operation. 2. A person operating a commercial motor vehicle shall not have more than one driver's license. A nonresident may operate a commercial motor vehicle in Iowa if the nonresident has been issued a license by another state, a nonresident commercial driver's license, or a driver's license issued by a foreign jurisdiction which the federal highway administration has deter- mined to be issued in conformity with the federal commercial driver testing and licensing standards, if the license, commercial driver's license, or driver's license is valid for the vehicle operated. A person who operates a commercial motor vehicle upon the highways of this state without having been issued a driver's license valid for the vehicle operated commits a simple misdemeanor." The scheduled fine for violation of this section is two hundred dollars ($200.00). That Section 65, Permitting Unauthorized Minor to Drive, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new That Section 65, Permitting Unauthorized Minor to Drive, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 65. PERMITTING UNAUTHORIZED MINOR TO DRIVE. A person shall not cause or knowingly permit the person's child or ward under the age of eighteen years to drive a motor vehicle upon any highway when the minor is not authorized under this Code. The scheduled fine for a violation is $200.00. That Section 66, Permitting Unauthorized Person to Drive, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 66, Permitting Unauthorized Person to Drive, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 66. PERMITTING UNAUTHORIZED PERSON TO DRIVE. A person shall not authorize or permit a motor vehicle owned by the person or under the person's control to be driven upon a highway by a person who is not issued a driver's license valid for the vehicle's operation. The scheduled fine for a violation is $200.00. Ordinance No. 5007 Page 3 That Section 427, Vehicles in Unsafe Condition, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 427, Vehicles in Unsafe Condition, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: SEC. 427. VEHICLES IN UNSAFE CONDITION. It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this ordinance or which is equipped with one or more unsafe tires, or which is equipped in any manner in violation thereof. The scheduled fine is One Hundred Dollars ($100.00). INTRODUCED: September 13, 2010 PASSED 1st CONSIDERATION: September 13, 2010 PASSED 2nd CONSIDERATION: September 13, 2010 PASSED 3rd CONSIDERATION: September 13, 2010 PASSED AND ADOPTED this 13th day of September, 2010. J---4Wzz '-�- -4 Ernest G. Clark, Mayor ATTEST: Suzyyscthares, CMC City Clerk 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. 5007 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 Jibcofiares, CMC City Clerk STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1330333 ORDINANCE NO. 5007 AN ORDINANCE AME 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 newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $58.59 Subscribed and sworn to before me this oe�day of Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: DEBBIE S. ARBUCKLE COMMISSION NO. 174858 ac MY CpM 5S O E IRES O W W