Legend: Red Text deleted : Blue Text Added.

ORDINANCE 596

Whereas, Certain sizes of vehicles parking in the right-of-way are contrary to the public interest in upholding the quality of residential neighborhoods by leading to non-residential uses within residential districts and/or creating aesthetic eyesores, and;

Whereas, The public's health and safety is at increased risk the longer these vehicles are parked in the right-of-way due to the narrower traffic lanes and reduced visibility, and;

Whereas, The residential streets and other public infrastructure are not designed to handle excessive weights and larger vehicles without causing damage to the public infrastructure;

Whereas, The City Council has determined that the provisions herein will further promote the public health, safety, welfare, economic order, aesthetics, and quality of life.

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

*

*

*

*

*

*

*

*

Section 1. That a new Section entitled "Presumption in Reference to Illegal Parking" be added to Title 9, Chapter 9.03 as shown below and that Chapter 9.03, sections 9.03.01-9.03.10 are renumbered to 9.03.02-9.03.11 respectively.

9.03.01 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:

(a) Described Vehicle. The particular vehicle described in the information was parked in violation of the Code, and

(b) Registered Owner. The defendant named in the information was the registered owner at the time in question.

*

*

*

*

*

*

*

*

Section 2. That Title 9, Chapter 9.03, Section 9.03.09 entitled "Truck Parking-Prohibited" renumbered to 9.03.10 is removed it's entirety and replaced with new text as shown below:

9.03.10 Truck Parking - Prohibited. No truck or any vehicle with a Gross Weight of more than twenty six thousand (26,000) 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 Large Vehicle Parking – Prohibited. No vehicle, trailer or combination thereof shall be parked on any street, alley, or public right-of-way in any residentially zoned area (R-1, R-2, and MH) for longer than 2 hours in any 24 hr period if the vehicle, trailer or combination thereof is any one of the following: non-motorized (not capable of propelling itself on the street) or exceeds a Gross Vehicle Weight of ten thousand (10,000) pounds, or is longer than 25ft in length.

*

*

*

*

*

*

*

*

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 3rd day of December 2001.

________________________
Ricard R. Porter, Mayor

ATTEST:
__________________________________
Craig M. Coffey, City Administrator/Clerk

First Reading:	November 5, 2001
Second Reading:	November 19, 2001
Third Reading:	December 3, 2001

I hereby certify that the foregoing Ordinance No. 596 was published in the Hawarden Independent, a newspaper printed and published and has a circulation in the City of Hawarden, Iowa on the 6th day of December, 2001.

_______________________________
Craig 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.