ORDINANCE NO. 594

AN ORDINANCE OF THE CITY OF HAWARDEN AMENDING TITLE 9, CHAPTER 9.04 BY ADDING TWO NEW SECTIONS; 9.04.06 ENTITLED "UNLAWFUL USE OF ENGINE BRAKES AND COMPRESSION BRAKES" AND 9.04.07 ENTITLED "EXEMEPTIONS TO THE STATE OF IOWA VEHICLE LENGTH AND WEIGHT LIMITATIONS"; AND PROVIDING A SEVERABILITY CLAUSES AND AN EFFECTIVE DATE.

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BE NOW THEREFORE ORDAINED BY THE CITY COUNCIL OF HAWARDEN, IOWA THAT:

Section 1. Title 9 Chapter 9.04 is hereby amend by adding the following two new sections:

9.04.06 Unlawful use of Engine Brakes and Compression Brakes.

  1. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the corporate city limits of the City of Hawarden, any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle.
  2. The scheduled fine for a violation of this section shall be fifty (50) dollars.

9.04.07 Exceptions to State of Iowa Vehicle Length and Weight Limitations.

  1. South Dakota Vehicles - A motor vehicle or combination of motor vehicles entering the corporate limits of the city from South Dakota may be operated upon the highways and streets of the city, irrespective of the length and weight limitations imposed by laws of the State of Iowa if the length and weight of the motor vehicle or combination of motor vehicles is in conformity with the laws relating to the length and weight of motor vehicles effective in South Dakota as of July 1, 1974.
  2. City of Hawarden/Sioux County, Iowa Vehicles - A motor vehicle or combination of motor vehicles originating in the corporate limits of the City County may be operated upon the highways and streets of the City irrespective of the length and weight limitations imposed by the laws of the State of Iowa if operated on a direct route from the point of origination in the City or County, and if the length and weight of the motor vehicle or combination of motor vehicles is in conformity with the laws relating to the length and weight of motor vehicles effective in South Dakota as of July 1, 1974.

Section 2. 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 3. Effective Date. This ordinance shall be if effect after its final passage, approval, and publication as provided by law.

Passed and approved this 2nd day of July 2001.

Ricard R. Porter, Mayor ATTEST:

Craig M. Coffey, City Adrninistrator/Clerk

First Reading: June 4, 2001
Second Reading: June 18, 2001
Third Reading:

July 2, 2001

I hereby certify that the foregoing Ordinance No. 594 was published in the Hawarden Independent, a newspaper printed and published and of general circulation in the City of Hawarden, Iowa on the 5th Day of July, 2001.

Craig M. Coffey, City Administrator/Clerk

Note: Blue text are additions to the existing city code, while red text are deletions to the existing city code. "*" Indicate separations in text in the current City Code that are unchanged and are not repeated for brevity purposes.