Ordinance 590 -Traffic Ordinance

AN ORDINANCE OF THE CITY OF HAWARDEN REPEALING THE ENTIRE TITLE 9 AND ALL CHAPTERS THEREIN OF THE HAWARDEN CITY CODE AND REPLACING IT WITH A NEW TITLE NINE AND CHAPTERS WITHIN THAT ADOPT SPECIFIED STATE OF IOWA TRAFFIC REGULATIONS BY REFERENCE AND READOPT EXISTING AND CREATE NEW LOCAL TRAFFIC REGULATIONS, ALL AS CITY CODE OF THE CITY OF HAWARDEN;

Whereas, The City of Hawarden currently receives 10% of the monies on some traffic violations it receives because they are written as state violations, and;

Whereas, An ordinance adopting said violations as City offenses would entitle the City to collect 90% of the revenue for the same violations, and;

Whereas, Traffic regulations would no longer be duplicated and would change automatically as State law changed by utilizing this method bringing consistency to the motorist;

BE IT ORDAINED By the City of Hawarden City Council as follows:

Section 1. That Title 9 and Chapters 9.04-9.48 within Title 9 are hereby repealed.

Section 2. That a new Title 9 and Chapters 9.01-9.04 are hereby created as shown below:

Sections:
9.01.01 Title
9.01.02 General Traffic Regulations – Code of Iowa Reference
9.01.03 Adoption of Additional City Traffic Regulations

9.01.01 Title. The Title of Title 9 may be known and cited as the City "Hawarden Traffic Code".

9.01.02 Adoption of Iowa Uniform Traffic Control Law as General Traffic Regulations. The City of Hawarden hereby adopts Iowa Statutes, Chapter 321, 321A, 321G and 321L in their entirety, as they presently exist and any future amendments that are added thereto, upon lawful adoption by the Iowa Legislature. Such Chapters adopted by reference shall be considered incorporated as if fully set out herein, to include all references contained in said statutes that are necessary to carry out the provisions of the statutes. It is the intention of the City Council by adopting the State Code by reference, that the traffic laws of the City of Hawarden, Iowa, shall be the same as the uniform State statutory law of the road from the time it is adopted. Further, it is the intention of this ordinance that all references for violations of this ordinance may be the same as the numerical references to the State code sections but that such reference does not constitute a reliance directly upon the State code provisions but is merely intended for the convenience of all concerned and is in reality a reference to the City Code of Hawarden, Iowa, the same being in substitute identical to the State

9.01.03 Adoption of Additional City Traffic Regulations. It is further provided that the City may, by legislation, from time to time, provide for additional traffic regulations in the interest of public safety, public peace, and general welfare in the community as provided for in Iowa Code Chapter 321.236. Such additional regulations are not intended to duplicate or overlap the material of the Sate code adopted by reference but instead to regulate areas not covered by the State code.

Sections:
9.02.01 U-turns.
9.02.02 Turning Prohibited.
9.02.03 Use of Bicycles, Coasters, Skateboards, roller skates, in line skates and similar devices.

9.02.01 U-turns. It is unlawful for a driver to make a U-turn at any intersection on Central Avenue at 8th, 9th, 10th, 11th, 12th, and 13th Streets.

9.02.02 Turning Prohibited. It is unlawful for any driver to make a left hand turn into a parking space on Central Avenue between 7th Street and 10th Street.

9.02.03 Use of Bicycles, Coasters, Skateboards, roller skates, in line skates and similar devices. A bicycle, coaster, skateboard, roller skates, in line skates, or similar devices may be operated on sidewalks in single file only, excluding the business district portion of the City. Under all circumstances, the rider shall yield the right of way to pedestrians using the sidewalks, and due and proper care at all times shall be exercised by the rider for the pedestrians. The business district is all of the area bounded on the north by Iowa Highway 10; on the west by the centerline of Avenue F on the east by the centerline of Avenue H and on the south by the railroad right of way.

Sections:
9.03.01 Prohibited Parking
9.03.02 Overnight Parking
9.03.03 Diagonal Parking
9.03.04 Parallel Parking
9.03.05 Snow Removal
9.03.06 School Bus Loading Zones
9.03.07 Longer than Forty-Eight hours
9.03.08 Curb Painting and Sign Erection
9.03.09 Truck Parking
9.03.10 Bicycle Parking

9.03.01 Prohibited Parking. Parking of any nature shall be prohibited in the following areas within the City:

On Avenue E throughout the corporate limits of the City.
On all minor street approaches for a distance of thirty five feet in advance of the stop signs on all exit sides of the minor streets for a distance of thirty five feet beyond the far crosswalks, except at Avenue F, Central Avenue, and Avenue I, where the parking shall be outside of fifteen (15) feet, instead of thirty-five (35) feet.
The stopping or parking of any truck or motor vehicle drawing a trailer or semi-trailer is prohibited in the following locations:
1. On Central Avenue between Seventh and Tenth Streets
2. On Eighth and Ninth Streets between Avenues F and H.
3. On Tenth Street between Avenue F and the intersection with Avenue K..
On the North Side of Tenth (10th) Street from Avenue E east to Ave H
On the north side of Tenth (10th) Street from Avenue E to the alley between Avenue E and Avenue F
On the south side Tenth (10th) Street from Avenue E east to Avenue F
On both sides of 10th Street from Avenue H to Avenue I.
On both sides of Tenth (10th) Street from the alley between Avenue I and Avenue K east to the east corporation line.
On the west side of Avenue I from Ninth (9th) Street to Thirteenth (13th) Street.
On the east side of Avenue I, between 12th and 13th Streets.
On the west side of Avenue O between Ninth (9th) and Tenth (10th) Streets.
On the north side of Ninth (9th) Street from Avenue N to Avenue O.
On the east side of Avenue D from Ninth (9th) Street to Tenth (10th) Street.

9.03.02 Overnight Parking – Prohibited in Business District. It is unlawful for any person to park a motor vehicle on Central Avenue in the City between Seventh and Tenth Streets between the hours of Three a.m. and Six a.m.

9.03.03 Diagonal Parking. Diagonal parking shall be permitted on the following streets:

North Side of Tenth (10th) Street from the alley between Avenue E and Avenue F to Central Avenue and on the South side from Avenue F to Central Avenue.
On Central Avenue from Tenth (10th) Street to Seventh (7th) Street on both the East and West Side of the streets.
On Ninth (9th) and Eighth (8th) Streets from Avenue F to Avenue H on both the North and South Sides.
On Avenue P from Twelfth (12th) Street to Fourteenth (14th) Street on the East Side of the Street.

9.03.04 Parallel Parking – Permitted. Parallel parking shall be permitted on all streets except where other parking is designated or parking is otherwise prohibited by section 9.03.01.

9.03.05 Prohibited Parking – Snow Removal. No person shall park, abandon or leave unattended any vehicle on any public street, alley or City owned off street parking area through the duration of any snow fall or snow storm or ice storm and up to twelve (12) hours after cessation of the same, except upon streets which have been fully and completely opened from curb to curb, or in the event of an emergency duly reported to the police department, and this ban shall be of uniform application. The fine for violating this snow removal section shall be set at ten dollars ($10).

9.03.06 School Bus Loading Zone. Parking in front of public schools shall be prohibited in areas identified as School Bus Loading Zone, during any day in which school is being held, between the hours of Seven a.m. (7:00 a.m.) and Four p.m. (4:00 p.m.) of said day.

9.03.07 Longer than forty-eight hours prohibited. No person shall park, abandon, or leave unattended any vehicle on any public street, alley, or City-owned off-street parking for a period of time longer than forty-eight (48) hours.

9.03.08 Curb Painting and Sign Erection. When, because of restricted visibility or when standing or parked vehicles constitute a hazard to moving traffic, or when other traffic conditions require, the Public Works Superintendent or Chief of Police may cause curbing to be painted with a yellow or orange color and erect No Parking or Standing signs. It is unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or sign posted.

9.03.09 Truck Parking – Prohibited. No truck or any vehicle with a Gross Vehicle Weight of twenty six thousand (26,000) pounds or greater shall be permitted to park on any street, alley, or city owned thoroughfare in any residentially zoned area (R-1, R-2, and MH).

9.03.10 Bicycle Parking in Business District. Bicycles when parked in the business district, shall be parked in zones or places designated and marked for that purpose. It is unlawful to park any bicycle along buildings in the business district or along the street where they may interfere with traffic, or with persons getting in or out of motor vehicles.

Sections:
9.04.01 Obedience of Direction Emergency Service Personnel.
9.04.02 Obstruction of Sidewalks, Streets, Highways, and Other Public Way or Interfere with Traffic Flow.
9.04.03 Damaging Streets Unlawful.
9.04.04 Owner’s Consent Required For Use.
9.04.05 Snowmobile and All-Terrain Vehicle Regulations.

9.04.01 Obedience of Direction Emergency Service Personnel. Any person who willfully fails or refuses to comply with the traffic direction of a fire department or ambulance volunteer, or City of Hawarden public works employee in the performance of their official duties during a fire, car accident, or medical, civil defense, or other emergency situation shall be considered a violation of this chapter.

9.04.02 Obstruction of Sidewalks, Streets, Highways, and Other Public Way or Interference with Traffic Flow. No person shall, without proper authority or justification, obstruct any sidewalk, street, highway, or other public way preventing or hindering it’s lawful use in any way, nor shall any person interfere with or obstruct the flow of traffic on any street, highway, or other public way.

9.04.03 Damaging Streets Unlawful. It is unlawful for any person to drag any material or contrivance of any kind over any of the oiled, blacktop or asphalt treated streets of the City which may cause or causes visible damage to said streets.

9.04.04 Owner’s Consent Required For Use. It is unlawful for any person to use or operate any bicycle within the city without the consent of the owner.

9.04.05 Snowmobile and All-Terrain Vehicle Regulations. The following additional regulations shall be observed by operators of snowmobiles and all-terrain vehicles:

While operating a snowmobile or all-terrain vehicle within the City limits, the speed shall not exceed twenty-five (25) miles per hour.
No snowmobile or all-terrain vehicle shall be operated on permitted street by anyone under the age of sixteen (16) or without a valid motor vehicle operator’s license.
It is unlawful for the owner or operator to leave or allow a snowmobiles or all-terrain vehicle to be or remain unattended on public property while the motor is running or with keys for starting the vehicle left in the ignition.
Snowmobiles and all-terrain vehicles shall not be operated between the hours of two (2:00) a.m. and eight (8:00) a.m.
Operators of snowmobiles and all-terrain vehicles shall observe the following limitations as to where they may be operated:
1. Either may be operated on all streets and alleys within the City limits, except on Central Avenue, Avenue E, 10th Street, and 16th Street.
2. Either may make a direct crossing of Central Avenue, Avenue E, 10th Street, and 16th Street except no crossing shall be permitted at the intersections of Central Avenue with 8th, 9th, and 10th Streets.

Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4. Severability. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof, not adjudged invalid or unconstitutional.

Section 5. Effective Date. This ordinance shall be in effect after its final passage, approval, and publication as provided by law.

Passed and approved this 9th day of April 2001.

________________________
Ricard R. Porter, Mayor

ATTEST:

__________________________________
Craig M. Coffey, City Administrator/Clerk

First Reading:	March 5, 2001
Second Reading:	March 19, 2001
Third Reading:	April 9, 2001

I hereby certify that the foregoing Ordinance No. 590 was published in the Hawarden Independent, a newspaper printed and published and has a circulation in the City of Hawarden, Iowa on the 29th day of March 2001.

_______________________________
Craig Coffey, City Administrator/Clerk

ORDINANCE 590

TITLE 9
VEHICLES AND TRAFFIC

GENERAL TRAFFIC REGULATIONS

Chapter 9.01

ADDITIONAL MOVING TRAFFIC REGULATIONS
Chapter 9.02

ADDITIONAL STATIONARY TRAFFIC REGULATIONS (PARKING)

Chapter 9.03

ADDITIONAL MISCELLANEOUS TRAFFIC REGULATIONS

Chapter 9.04