70.01 ARREST OR CITATION.
Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, such officer may:
- Immediate Arrest. Immediately arrest such person and take such person before a local magistrate, or
- Issue Citation. Without arresting the person, prepare in quintuplicate as adopt by the Iowa Commissioner of Public Safety, or issue a uniform citation and complaint utilizing a State approved computerized device, or
- Issue Notice of Violation. As an alternative enforcement action for violations of the Traffic Code, a peace officer may issue a violator a civil “notice of violation.” Notwithstanding Section 70.02, the penalty for a civil “notice of violation” under this section shall be the scheduled fine listed in the most recent Compendium of Scheduled Violations and Scheduled Fines published by the Iowa Department of Public Safety and the Department of Natural Resources and shall not include court costs or surcharge. No record or information concerning the issuance of a civil “notice of violation” shall be sent, reported, or forwarded to the State Department of Transportation, or similar department of any other state, for the purpose of adding to the driving record of the violator.
No civil “notice of violation” shall be issued for violations of driving under suspension, reckless driving, drag racing, or that are alcohol or accident-related. A civil “notice of violation” shall not be issued to any person who has an unpaid penalty from a previous “notice of violation” or who has already received two such alternative enforcement actions for moving violations within the previous 12 months.
Each penalty for a civil “notice of violation” issued under this section shall be paid to and handled by the Bloomfield Police Department Administrative Assistant. If such penalty is not paid within 30 days of the date of issuance, or if the driver denies committing such violation, the issuing peace officer shall cancel the civil “notice of violation” and issue a traffic citation to be processed through the court system in the same manner as if the violator had been originally issued a citation for the violation.
(Paragraph 3 – Ord. 687 – Dec. 17 Supp.)
The Police Department shall maintain a record of each civil “notice of violation” issued, civil penalty paid, and of each “notice of violation” which is unpaid or denied.
(Ord. 673 – Feb. 13 Supp.)
70.02 SCHEDULED VIOLATIONS.
For violations of the Traffic Code which are designated by Section 805.8A of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.8A of the Code of Iowa.
(Code of Iowa, Sec. 805.8 & 805.8A)
70.03 PARKING VIOLATIONS: ALTERNATE.
Admitted violations of parking restrictions imposed by this Code of Ordinances may be charged upon a simple notice of a fine payable to and handled by the Bloomfield Police Department Administrative Assistant. The simple notice of a fine shall be in the amount of thirteen dollars ($13.00) for all violations except improper use of a persons with disabilities parking permit. If such fine is not paid within thirty (30) days, it shall be increased by five dollars ($5.00). The simple notice of a fine for improper use of a persons with disabilities parking permit is one hundred dollars ($100.00). Failure to pay the simple notice of a fine shall be grounds for the filing of a complaint in District Court.
(Ord. 687 – Dec. 17 Supp.)
70.04 PARKING VIOLATIONS: VEHICLE UNATTENDED.
When a vehicle is parked in violation of any provision of the Traffic Code, and the driver is not present, the notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous place.
70.05 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.
In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred, shall be raised by proof that:
- Described Vehicle. The particular vehicle described in the information was parked in violation of the Traffic Code, and
- Registered Owner. The defendant named in the information was the registered owner at the time in question.
70.06 IMPOUNDING VEHICLES.
A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the City, under the circumstances hereinafter enumerated:
- Disabled Vehicle. When a vehicle is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(Code of Iowa, Sec. 321.236 [1]) - Illegally Parked Vehicle. When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.
(Code of Iowa, Sec. 321.236 [1]) - Snow Removal. When any vehicle is left parked in violation of a ban on parking during snow removal operations.
- Parked Over Limited Time Period. When any vehicle is left parked for a continuous period in violation of any limited parking time. If the owner can be located, the owner shall be given an opportunity to remove the vehicle.
(Code of Iowa, Sec. 321.236 [1]) - Costs. In addition to the standard penalties provided, the owner or driver of any vehicle impounded for the violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing and storage.
(Code of Iowa, Sec. 321.236 [1])