HomeMy WebLinkAbout5607-07.06.2021Prepared by LeAnn Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
ORDINANCE NO. 5607
AN ORDINANCE AMENDING THE TRAFFIC CODE BY
REPEALING SUBSECTIONS E, F, AND G OF SECTION 4,
AUTOMATED TRAFFIC ENFORCEMENT, CHAPTER 1, TRAFFIC
CODE, TITLE 6, MOTOR VEHICLES AND TRAFFIC, AND
ENACTING IN LIEU THEREOF NEW SUBSECTIONS E, F, AND G
OF SECTION 4, AUTOMATED TRAFFIC ENFORCEMENT,
CHAPTER 1, TRAFFIC CODE, TITLE 6, MOTOR VEHICLES AND
TRAFFIC..
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, that Subsections E, F, and G of Section 4, Automated Traffic Enforcement,
Chapter 1, Traffic Code, Title 6, Motor Vehicles and Traffic, is hereby repealed in its
entirety and new Subsections E, F, and G of Section 4, Automated Traffic Enforcement,
Chapter 1, Traffic Code, Title 6, Motor Vehicles and Traffic, are hereby enacted in lieu
thereof as follows:
6-1-4: AUTOMATED TRAFFIC ENFORCEMENT:
E. Contesting An Automated Traffic Citation: Within thirty (30) days from the date
appearing at the top of a notice of automated traffic citation sent to the vehicle owner, the vehicle
owner may either pay the fee associated with the citation or challenge the citation by submitting a
written challenge to the citation or requesting that a municipal infraction be filed pursuant to
Iowa Code Section 364.22. Any such written challenge or request shall be on a form specified by
and available from the city as indicated on the notice, and be sent to the city according to the
instructions on that form. Upon receipt of a written challenge, a Waterloo Police Officer shall
determine whether the citation should be rescinded. Within thirty (30) days after the city receives
such a challenge, the city shall notify the vehicle owner whether the challenge to the automated
traffic citation is successful, in which case, the citation shall be rescinded. Otherwise, the citation
shall stand. Thereafter, the city may seek voluntary payment and/or file the citation as a
municipal infraction against the vehicle owner, as set forth in Subsection G.
F. Exceptions To Owner Liability: There shall be no liability pursuant to this section if:
1. The operator of the vehicle in question was issued a Municipal infraction for the
violation in question pursuant to section 1-3-2(B) of this chapter; or
2. The violation occurred at any time after the vehicle in question or its state registration
plates were reported to a law enforcement agency as having been stolen, provided,
however, the vehicle or its plates had not been recovered by the vehicle owner at the time
of the alleged violation; or
3. The vehicle in question was an authorized emergency vehicle; or
4. The officer inspecting the recorded image determines that the vehicle in question was
lawfully participating in a funeral procession; or
5. The officer inspecting the recorded image determines that the vehicle in question
entered the intersection in order to yield the right-of-way to an emergency vehicle.
G. Failure To Timely Pay Or Appeal: If the recipient of an automated traffic citation does
Ordinance No. 5607
Page 2
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 1-3-2(B) of this chapter rather than subsection D of this
section. If judgment is entered in favor of the City, mandated court costs will be added to the
amount of the fine imposed by this section. The City may, subject to applicable law, pursue
enforcement of the judgment together with interest as permitted by law. Collection of that
judgment may include referral to the State of Iowa Income Offset program administered by the
Department of Administrative Services, State Accounting Enterprise. Notwithstanding the City's
right to file a municipal infraction, the City may first seek voluntary payment of the fine by
sending a written request for payment to the Vehicle Owner and/or referring the matter to a
private service agent to conduct collection in accordance with all applicable law. (Ord. 5411, 8-
7-2017)
INTRODUCED: July 6, 2021
PASSED 1st CONSIDERATION: July 6, 2021
PASSED 2nd CONSIDERATION: July 6, 2021
PASSED 3rd CONSIDERATION: July 6, 2021
PASSED AND ADOPTED this 6th day of July 2021.
Quentin Hart, Mayor
ATTEST:
Keith, n/ck1e
Kelley Felchle, City Clerk
SEAL