Chapter 1 code of ordinances

CHAPTER 77

BIKE AND RECREATION TRAILS

77.01 Purpose	77.04 Horses; Livestock; Dogs
77.02 Definitions	77.05 Police Authority
77.03 Permitted Uses; Motorized Vehicles Prohibited	77.06 Traffic Code and Chapter 76

77.01 PURPOSE. The purpose of this chapter is to regulate the use of bike and recreation trails in and around the City for the protection of the public convenience, health, safety, and welfare.

77.02 DEFINITIONS. For use in this chapter the following terms are defined:

1. 
   “Bicycle” means any non-motorized wheeled vehicle propelled by foot power.
   
2. 
   “Bike and recreation trail” means an area set aside for bike riding, recreational walking, inline skating, roller skating and similar activities, and commonly known as the “Prairie Springs Recreational Trail.”
   
3. 
   “Bikeway” means a section of the roadway that has been set aside for use by bicycles.
   

77.03 PERMITTED USES; MOTORIZED VEHICLES PROHIBITED. The use of any bike and recreational trails is limited to persons walking, running, biking, inline skating, roller skating, skateboarding, or similar activities. No motorized vehicles, except authorized emergency or maintenance vehicles, are allowed on the bike and recreational trails. Prohibited motorized vehicles include snowmobiles, motorcycles, motorbikes, scooters, three-wheelers, automobiles and any other motorized vehicles. Motorized wheelchairs used exclusively for the transportation of persons with disabilities are permitted on the bike and recreational trails.

77.04 HORSES; LIVESTOCK; DOGS. No horses or other livestock are permitted on the Prairie Springs Recreational Trail. Dogs are permitted on the trails and must at all times be restrained with a leash. Owners or possessors of dogs are required to clean up any feces left by their dogs.

77.05 POLICE AUTHORITY. The Cresco Police Department is authorized to enforce all City regulations on the Prairie Springs Recreational Trail, including any portion of the trail owned by the City, whether or not such portion is located within the corporate limits of the City.

77.06 TRAFFIC CODE AND CHAPTER 76. All traffic regulations contained in this Code of Ordinances apply to the Prairie Springs Recreational Trail. Chapter 76 of this Code of Ordinances, regulating bicycles, applies to the Prairie Springs Recreational Trail.

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CHAPTER 78

REGULATION OF SCOOTERS AND
PERSONAL MOBILITY DEVICES

78.01 Purpose	78.04 Safety Equipment
78.02 Definitions	78.05 Traffic Code Applies
78.03 Regulations	78.06 Violations

78.01 PURPOSE. The purpose of this chapter is to regulate the use of scooters and personal mobility devices on the public ways of the City for the protection of the public convenience, health, safety, and welfare.

78.02 DEFINITIONS. For use in this chapter the following terms are defined:

1. 
   “Electric scooter” means any three- or four-wheeled vehicle propelled by electric or battery power.
   
2. 
   “Personal mobility device” means any three- or four-wheeled vehicle propelled by electric or battery power and designed primarily to assist in the mobility of persons with disabilities.
   

78.03 REGULATIONS. Electric scooters or personal mobility devices may only be operated on roadways in the City by persons who qualify for a persons with disabilities parking permit under Section 321L.2 of the Code of Iowa. All electric scooters or personal mobility devices operated in the City shall be registered on an annual basis with the City. Registration shall be made with the Police Department. The Police Department shall issue a reflective permit for the scooter or personal mobility device, which permit must be displayed at all times on the scooter or personal mobility device.

78.04 SAFETY EQUIPMENT. Electric scooters or personal mobility devices lawfully operated on the roadways in the City shall be equipped with a safety flag that extends not less than five feet above the ground. The flag shall be triangular in shape with an area of not less than 30 square inches and shall be Day-Glo or fluorescent orange in color. If the electric scooter or personal mobility device is operated on any roadway between sunset and sunrise, it shall be equipped with an amber flashing light that extends at least five feet from the ground and is visible from distance of at least 300 feet.

78.05 TRAFFIC CODE APPLIES. Every person operating an electric scooter or personal mobility device upon a roadway shall obey all traffic laws of the State of Iowa or this Code of Ordinances.

78.06 VIOLATIONS. Any violation of this chapter shall be considered a simple misdemeanor and shall be punishable by a fine of $25.00 plus any applicable surcharges and court costs. In addition, the City may refuse to register any scooter or personal mobility device due to violations of this chapter.

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CHAPTER 80

ABANDONED VEHICLES

80.01 Definitions	80.06 Disposal of Abandoned Vehicles
80.02 Authority to Take Possession of Abandoned Vehicles	80.07 Disposal of Totally Inoperable Vehicles
80.03 Notice by Mail	80.08 Proceeds from Sales
80.04 Notification in Newspaper	80.09 Duties of Demolisher
80.05 Fees for Impoundment

80.01 DEFINITIONS.  For use in this chapter, the following terms are defined:

(Code of Iowa, Sec. 321.89[1] & Sec. 321.90)

1. 
   “Abandoned vehicle” means any of the following:
   

1. 
   A vehicle that has been left unattended on public property for more than twenty-four (24) hours and lacks current registration plates or two or more wheels or other parts which renders the vehicle totally inoperable.
   
2. 
   A vehicle that has remained illegally on public property for more than 24 hours.
   
3. 
   A vehicle that has been unlawfully parked or placed on private property without the consent of the owner or person in control of the property for more than 24 hours.
   
4. 
   A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten (10) days. However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process.
   
5. 
   Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic.
   
6. 
   A vehicle that has been impounded pursuant to Section 321J.4B of the Code of Iowa by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.
   

2. 
   “Demolisher” means a person licensed under Chapter 321H of the Code of Iowa whose business it is to convert a vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or dismantle vehicles.
   
3. 
   “Garage keeper” means any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles.
   
4. 
   “Police authority” means the Iowa state patrol or any law enforcement agency of a county or city.
   

80.02 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A police authority, upon the authority’s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property. The police authority may employ its own personnel, equipment, and facilities or hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles. A property owner or other person in control of private property may employ a private entity that is a garage keeper to dispose of an abandoned vehicle, and the private entity may take into custody the abandoned vehicle without a police authority’s initiative. If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle.

(Code of Iowa, Sec. 321.89[2])

80.03 NOTICE BY MAIL. The police authority or private entity that takes into custody an abandoned vehicle shall notify, within twenty (20) days, by certified mail, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties’ last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall describe the year, make, model and vehicle identification number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten (10) days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice. The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. If the abandoned vehicle was taken into custody by a private entity without a police authority’s initiative, the notice shall state that the private entity may claim a garage keeper’s lien as described in Section 321.90 of the Code of Iowa, and may proceed to sell or dispose of the vehicle. If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters. If the persons receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming period, the owner, lienholders or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property. A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders or claimants after the expiration of the ten-day reclaiming period.

(Code of Iowa, Sec. 321.89[3a])

80.04 NOTIFICATION IN NEWSPAPER. If it is impossible to determine with reasonable certainty the identity and addresses of the last registered owner and all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under Section 80.03. The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in Section 80.03.

(Code of Iowa, Sec. 321.89[3b])

80.05 FEES FOR IMPOUNDMENT. The owner, lienholder, or claimant shall pay all towing and storage fees as established by the storage facility, whereupon the vehicle shall be released.

(Code of Iowa, Sec. 321.89[3a])

80.06 DISPOSAL OF ABANDONED VEHICLES.  If an abandoned vehicle has not been reclaimed as provided herein, the police authority or private entity shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways, and shall dispose of the motor vehicle in accordance with State law.

(Code of Iowa, Sec. 321.89[4])

80.07 DISPOSAL OF TOTALLY INOPERABLE VEHICLES.  The City or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a title and without notification procedures, if such motor vehicle lacks an engine or two or more wheels or other structural part which renders the vehicle totally inoperable. The police authority shall give the applicant a certificate of authority. The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title.

(Code of Iowa, Sec. 321.90[2e])

80.08 PROCEEDS FROM SALES.  Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing, and notification required, in accordance with State law. Any balance shall be held for the owner of the motor vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in the State Road Use Tax Fund. Where the sale of any vehicle fails to realize the amount necessary to meet costs the police authority shall apply for reimbursement from the Department of Transportation.

(Code of Iowa, Sec. 321.89[4])

80.09 DUTIES OF DEMOLISHER. Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle, or otherwise demolish such motor vehicle. A demolisher shall not junk, scrap, wreck, dismantle, or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle.

(Code of Iowa, Sec. 321.90[3a])

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