CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE

60.01       Title                                                         60.05       Traffic Accidents:  Reports

60.02       Definitions                                               60.06       Peace Officer’s Authority

60.03       Administration and Enforcement           60.07       Obedience to Peace Officers

60.04       Power to Direct Traffic                          60.08       Parades Regulated

60.01   TITLE.  Chapters 60 through 70 of this Code of Ordinances may be known and cited as the “Seymour Traffic Code.”

60.02   DEFINITIONS.        Where words and phrases used in the Traffic Code are defined by State law, such definitions apply to their use in said Traffic Code and are adopted by reference.  Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings: (Code of Iowa, Sec. 321.1)

1.         “Business District” means the territory contiguous to and including a highway when fifty percent(50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.

2.         “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

3.         “Peace officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

4.         “Residence district” means the territory contiguous to and including a highway not comprising a business, suburban or school district, where forty percent (40%) or more of the frontage on such a highway for a distance of three hundred (300) feet or more is occupied by dwellings or by dwellings and buildings in use for business.

5.         “School district” means the territory contiguous to and including a highway for a distance of two hundred (200) feet in either direction from a school house.

6.         “Stand” or standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

7.         “Stop” means when required, the compete cessation of movement.

8.         “Stop” or “stopping” means when prohibited, any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control sign or signal.

9.         “Suburban district” means all other parts of the city not included in the business, school or residence districts.

10.       “Traffic control device” means all signs, signals, markings, and devices not inconsistent with this chapter, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic.

11.       “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, street, or alley.

60.03   ADMINISTRATION AND ENFORCEMENT.  Provisions of this chapter and State law relating to motor vehicles and law of the road are enforced by the Marshal. (Code of Iowa, Sec. 372.13 [4])

60.04   POWER TO DIRECT TRAFFIC.  A peace officer, and, in the absence of a peace officer, any officer of the fire department when at the scene of a fire, is authorized to direct all traffic by voice, hand or signal in conformance with traffic laws.  In the event of an emergency, traffic may be directed as conditions require, notwithstanding the provisions of the traffic laws. (Code of Iowa, Sec. 102.4 & 321.236[2])

60.05   TRAFFIC ACCIDENTS:  REPORTS.  The driver of a vehicle involved in an accident within the limits of the City shall file a report as and when required by the Iowa Department of transportation.  A copy of this report shall be filed with the City for the confidential use of peace officers and shall be subject to the provisions of Section 321.271 of the Code of Iowa. (Code of Iowa, Sec. 321.273 & 321.274)

60.06   PEACE OFFICER’S AUTHORITY.  Any peace officer is authorized to stop any vehicle to require exhibition of the driver’s motor vehicle license, to serve a summons or memorandum of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference to size, weight, cargo, bills of lading or other manifest of employment, tires and safety equipment, or to inspect the registration certificate, the compensation certificate, travel order, or permit of such vehicle. (Code of Iowa, Sec. 321.492)

60.07   OBEDIENCE TO PEACE OFFICERS.  No person shall willfully fail or refuse to comply with any lawful order or direction of any peach officer invested by law with authority to direct, control, or regulate traffic.

(Code of Iowa, Sec. 321.229)

60.08   PARADES REGULATED.  No person shall conduct or cause any parade on any street except as provided herein:

1.         Definition.  “Parade” means any march or procession of persons or vehicles organized for marching or moving on the streets in an organized fashion or manner or any march or procession of persons or vehicles represented or advertised to the public as a parade.

2.         Approval Required.  No parade shall be conducted without first obtaining approval from the Council.  The person organizing or sponsoring the parade shall provide information concerning the time and date for the parade and the streets or general route therefore, and any approval given to such person includes all participants in the parade, provided they have been invited to participate.

3.         Parade Not A Street Obstruction.  Any parade for which approval has been given and the persons lawfully participating therein shall not be deemed an obstruction of the streets, notwithstanding the provisions of any other ordinance to the contrary.

4.         Control By Peace Officers and Fire Fighters.  Persons participating in any parade shall at all times be subject to the lawful orders and directions in the performance of their duties of law enforcement personnel and members of the Fire Department.


CHAPTER 61

TRAFFIC CONTROL DEVICES

61.01       Traffic Control Devices                                          61.05       Traffic Lanes

61.02       Installation                                                              61.06       Necessity of Signs

61.03       Compliance                                                             61.07       Moving or Damaging Devices

61.04       Crosswalks                                                              61.08       Standards

61.01   TRAFFIC CONTROL DEVICES.  The Council shall establish by resolution, and cause to be placed and maintained, appropriate traffic control devices to indicate parking spaces and zones, no parking zones, limited parking zones, reserved parking zones, loading zones, safety zones, school zones, hospital zones, quiet zones, traffic zones other than the above, truck routes, school stops, stop intersections, yield right-of-way intersections, one-way streets, streets to be laned for traffic and play streets.  The council shall also have the power to designate and indicate by resolution intersections at which traffic shall be controlled by traffic signals; intersections at which left turns, right turns and U-turns shall be prohibited; and intersections at which markers, buttons or other indications shall be placed to indicate the course to be traveled by vehicles traversing or turning at such intersections.


61.02   INSTALLATION.  The Council shall cause to be placed and maintained traffic control devices to carry out the provisions of the Traffic Code of the City under State law or to regulate, guide or warn traffic.  The City shall keep a record of all such traffic control devices. (Code of Iowa, Sec. 321.254 & 321.255)

61.03   COMPLIANCE.  No driver of a vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this Traffic Code unless at the time otherwise directed by a peace officer. (Code of Iowa, Sec. 321.256)

61.04   CROSSWALKS.  The Council is hereby authorized to designate and maintain crosswalks by appropriate traffic control devices at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or road-way, and at such other places as traffic conditions require.
(Code of Iowa, Sec. 372.13[4] & 321.255)

61.05   TRAFFIC LANES.  Where traffic lanes have been marked on street pavements at such places as traffic conditions require, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. (Code of Iowa, Sec. 372.13[4] & 321.255)


61.06   NECESSITY OF SIGNS.  No provision of this Traffic Code for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in a viewable position and sufficiently legible to an ordinarily observant person.

61.07   MOVING OR DAMAGING DEVICES.  It is unlawful for any person to move, deface or otherwise damage any sign, signal or other traffic control device placed upon the streets of the City.

61.08   STANDARDS.  Traffic control devices shall comply with standards established by The Manual of Uniform Traffic Control Devices for Streets and Highways. (Code of Iowa, Sec. 321.255)


CHAPTER 62
 

GENERAL TRAFFIC REGULATIONS

62.01    Violation of Regulations                            62.08       Open Containers of Alcoholic Beverages

62.02    Play Streets Designated                                                             in Motor Vehicles

62.03    Vehicles on Sidewalks                                62.09       Obstructing View at Intersections

62.04    Clinging to Vehicle                                    62.10       Reckless Driving

62.05    Quiet Zones                                                                62.11       Excessive Acceleration

62.06    Funereal Processions                                 62.12       Careless Driving

62.07    Tampering with Vehicle                             62.13       Squealing Tires

                                                                                62.14       Milling

 62.01   VIOLATION OF REGULATIONS.  Any person who willfully fails or refuses to comply with any lawful order of a peace officer or direction of a fire department officer during a fire, or who shall fail to abide by the applicable provisions of the following Iowa statutory laws relating to motor vehicles and the statutory law of the road is in violation of this section.  These sections of the Code of Iowa are adopted by reference and are as follows:

1.         Display of Registration and License to Drive:  321.32, ,321.37, 321.38, 321.79, 321.98, 321.174, 321.174A, 321.193, 321.216, 321.216B and 321.219 through 321.224.

2.         All Terrain Vehicles, Golf Carts and Bicycles to Obey Traffic Regulations, Radar jamming Devices, Road Workers:  321.232 through 321.234A and 321.247.

3.         Traffic Signs, Signals and Markings:  321.259 and 321.260.

4.         Accidents and Accident Reporting:  321.262 through 321.265.

5.         Operation of Motorcycles and Motorized Bicycles:  321.275.

6.         Drag Racing, Speed, Control of Vehicle:  321.278, 321.285, 321.288, 321.295, 321.382 and 321.282.

7.         Driving on Right, Meeting, Overtaking, Following or Towing:  321.297 through 321.310.

8.         Turning and Starting, Signals on Turning and Stopping:  321.312 through 321.317.

9.         Right-of-Way:  321.319 through 321.324.

10.       Pedestrian Rights and Duties and Safety Zones:  321.329, 321.330, 321.332, 321.333 and 321.340.

11.       Railroad Crossings:  321.341 through 321.344.


12.              Stopping, Standing, Parking:  321.354 and 321.359.

13.       Unattended Vehicle, Obstructing Driver’s View, Crossing Median, Following Fire Apparatus, or Crossing Fire Hose, and Putting Glass, Etc., on Streets:  321.362 through 321.371.

14.       School Buses:  321.372.

15.       Lighting Equipment Required and Time of Use:  321.384 through 321.390, 321.292 through 321.295, 321.398, 321.402 through 321.406, 321.408, 321.409, 321.415, 321.417 through 321.423.  In accordance with authorization granted by Section 321.395, Code of Iowa, motor vehicles parked upon any street where permitted by this chapter need not display required lights where there is sufficient light emitted from City street lights to reveal any person or object within a distance of five hundred (500) feet upon such street.

16.       Brakes, Horns, Sirens, Mufflers, Wipers, Mirrors, Tires, Flares, Windows, Safety Belts, and Special Markings for Transporting Explosives:  321.430 through 321.434; 321.436 through 321.442; 321.444 through 321.446, 321.449 and 321.450.

17.       Size, Weight and Load:  321.454 through 321.458, 321.460 through 321.463, 321.465 and 321.466.

18.       Unsafe Vehicles:  321.381.
(Ord. 970143 – Jan. 02 Supp.)

62.02   PLAY STREETS DESIGNATED.  Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof. (Code of Iowa, Sec. 321.255)

62.03   VEHICLES ON SIDEWALKS.  The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.

62.04   CLINGING TO VEHICLE.  No person shall drive a motor vehicle on the streets of the City unless all passengers of said vehicle are inside the vehicle in the place intended for their accommodation.  No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers.  No person riding upon any bicycle, coaster, roller skates, in-line skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

62.05   QUIET ZONES.  Whenever authorized signs are erected indicating a quiet zone, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency.

62.06   FUNERAL PROCESSIONS.  Upon the immediate approach of a funeral procession, the driver of every other vehicle, except an authorized emergency vehicle, shall yield the right-of-way.  An operator of a motor vehicle which is part of a funeral procession shall not be charged with violating traffic rules and regulations relating to traffic signals and devices while participating in the procession unless the operation is reckless. (Code of Iowa, Sec. 321.324A)

62.07   TAMPERING WITH VEHICLE.  It is unlawful for any person, either individually or in association with one or more other persons, willfully to injure or tamper with any vehicle or break or remove any part of parts of or from a vehicle without the consent of the owner.

62.08   OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES.  A driver of a motor vehicle upon a public street or highway and a passenger in a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage.  “Passenger area” means the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment.  An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle.  An unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.  This section does not apply to a passenger being transported in the motor vehicle in a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation, or a passenger being transported in the living quarters of a motor home, mobile home, travel trailer or fifth-wheel travel trailer.
(Ord. 990154 – Jan 02 Supp.)

62.09   OBSTRUCTING VIEW AT INTERSECTIONS.  It is unlawful to allow any tree, hedge, billboard or other object to obstruct the view of an intersection by preventing persons from having a clear view of traffic approaching the intersection from cross streets.  Any such obstruction shall be deemed a nuisance and in addition to the standard penalty may be abated in the manner provided by Chapter 50 of this Code of Ordinances.

62.10   RECKLESS DRIVING.  No person shall drive any vehicle in such manner as to indicate a willful or a wanton disregard for the safety of persons or property.

(Code of Iowa, Sec. 321.277)

62.11   EXCESSIVE ACCELERATION.  It is unlawful for any person in the operation of a motor vehicle, including motorcycles, to so accelerate such vehicle as to cause audible noise by the friction of the tires on the pavement or to cause the tires of the vehicle to leave marks on the pavement or to throw sand and gravel, or to cause the wheel of a motorcycle to leave the ground more than two (2) inches, except when such acceleration is reasonably necessary to avoid a collision.

62.12   CARELESS DRIVING.  No person shall intentionally operate a motor vehicle on a street or highway in any one of the following ways:
(Code of Iowa, Sec. 321.277A)

1.         Creating or causing unnecessary tire squealing, skidding or sliding upon acceleration or stopping.

2.         Simulating a temporary race.

3.         Causing any wheel or wheels to unnecessarily lose contact with the ground

4.         Causing the vehicle to unnecessarily turn abruptly or sway. (Ord. 97-144 – Jan. 02 Supp.)

62.13   SQUEALING TIRES.  No person shall drive any vehicle in such a manner as to cause the repeated or prolonged squealing of tires through too rapid acceleration or too high speed on turning of such vehicle.

62.14   MILLING.  It is unlawful to drive or operate a vehicle, either singly or with others, in any processional milling or repeated movement over any street to the interference with normal traffic use, or to the annoyance or offense of any person.


CHAPTER 63

SPEED REGULATIONS

63.01       General                                                   63.07       Special 20 MPH Speed Zones

63.02       Business District                                      63.08       Special 35 MPH Speed Zones

63.03       Residence or School District                   63.09       Minimum Speed

63.04       Suburban District                                   63.10       Emergency Vehicles

63.05       Parks, Cemeteries and Parking Lots      63.11       Controlled Access Facilities

63.06       Special Speed Restrictions

 63.01   GENERAL.  Every driver of a motor vehicle on a street shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the street and of any other conditions then existing, and no person shall drive a vehicle on any street at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said street will observe the law. (Code of Iowa, Sec. 321.285)

63.02   BUSINESS DISTRICT.  A speed in excess of twenty (20) miles per hour in the business district, unless specifically designated otherwise is this chapter, is unlawful. (Code of Iowa, Sec. 321.285 [1])


63.03   RESIDENCE OR SCHOOL DISTRICT.  A speed in excess of twenty-five (25) miles per hour in any school or residence district, unless specifically designated otherwise in this chapter, is unlawful. (Code of Iowa, Sec. 321.285 [2])

63.04   SUBURBAN DISTRICT.  A speed in excess of forty-five (45) miles per hour in any suburban district, unless specifically designated otherwise in this chapter, is unlawful. (Code of Iowa, Sec321.285 [4])

63.05   PARKS, CEMETERIES AND PARKING LOTS.  A speed in excess of fifteen (15) miles per hour in any public park, cemetery or parking lot, unless specifically designated otherwise in this chapter, is unlawful. (Code of Iowa, Sec. 321.236[5])

63.06   SPECIAL SPEED RESTRICTIONS.  In accordance with requirements of the Iowa State Department of Transportation, or whenever the Council shall determine upon the basis of an engineering and traffic investigation that any speed herein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the City street system, the Council shall determine and adopt by ordinance such higher or lower speed limit as it deems reasonable and safe at such location. (Code of Iowa, Sec. 321.290)

63.07   SPECIAL 20 MPH SPEED ZONES.  A speed in excess of twenty (20) miles per hour is unlawful on any of the following designated streets or parts thereof:

1.         On Main Street from North Third Street to East Third Street.

2.         On Park Avenue from Wall Street to Winston Street.

63.08   SPECIAL 35 MPH SPEED ZONES.  A speed in excess of thirty-five (35) miles per hour is unlawful on any of the following designated streets or parts thereof.

1.         The east thirteen hundred (1300) feet of Main Street;

2.         On West Main Street from Eighth Street to west City limits;

3.         On South Park Avenue from Wilson Street to south City limits;


CHAPTER 65

 STOP OR YIELD REQUIRED

65.01       Stop or Yield                           65.03       Stop Before Crossing Sidewalk

65.02       School Stops                            65.04       Stop When Traffic Is Obstructed

65.05       Yield to Pedestrians in Crosswalks

65.01   STOP OF YIELD.  Every driver of a vehicle shall stop or yield as directed by traffic control devices posted in accordance with Chapter 61 of this Traffic Code.

65.02   SCHOOL STOPS.  At any school crossing zone, every drier of a vehicle approaching said zone shall bring the vehicle to a full stop at a point ten (10) feet from the approach side of the crosswalk marked by an authorized school stop sign and thereafter proceed in a careful and prudent manner until the vehicle shall have passed through such school crossing zone.  (Code of Iowa, Sec. 321.249)

65.03   STOP BEFORE CROSSING SIDEWALK.  The driver of a vehicle emerging from a private roadway, alley, driveway, or building shall stop such vehicle immediately prior to driving onto the sidewalk area and thereafter shall proceed into the sidewalk area only when able to do so without danger to pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the street into which the vehicle is entering. (Code of Iowa, Sec. 321.353)

65.04   STOP WHEN TRAFFIC IS OBSTRUCTED.  Notwithstanding any traffic control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.

 

65.05   YIELD TO PEDESTRIANS IN CROSSWALKS.  Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.

(Code of Iowa, Sec. 321.327)CHAPTER 65

 CHAPTER 64

 TURNING REGULATIONS


 64.01       Authority to Mark                                                  64.02       U-turns

64.01   AUTHORITY TO MARK.  The Council may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct, as traffic conditions require, that a different course from that specified by the State law be traveled by vehicles turning at intersections, and when markers, buttons or signs are so placed, no driver of a vehicles shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs. (Code of Iowa, Sec. 321.311)

64.02   U-TURNS.  It is unlawful for a driver to make a U-turn except at an intersection; however, U-turns are prohibited within the business district and at any intersection where a sign prohibiting U-turns is posted in accordance with Chapter 61 of this Traffic Code. (Code of Iowa, Sec. 321.236[9])


CHAPTER 66

LOAD AND WEIGHT RESTRICTIONS

66.01       Temporary Embargo                              66.04       Load Limits on Bridges

66.02       Permits for Excess Size and Weight       66.05       Truck Route

66.03       Load Limits Upon Certain Streets

66.01   TEMPORARY EMBARGO.  If the Council declares an embargo when it appears by reason of deterioration, rain, snow or other climatic conditions that certain streets will be seriously damaged or destroyed by vehicles weighing in excess of an amount specified by the signs, no such vehicles shall be operated on streets so designated by such signs erected in accordance with Chapter 61 of this Traffic Code. (Code of Iowa, Sec. 321.471 & 472)

66.02   PERMITS FOR EXCESS SIZE AND WEIGHT.  The Council may, upon application and good cause being shown therefore, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or load exceeding the maximum specified by State law or City ordinance over those streets named in the permit which are under the jurisdiction of the City and for which the City is responsible for maintenance.
(Code of Iowa, Sec. 321.473 & 321E.1)

66.03   LOAD LIMITS UPON CERTAIN STREETS.  When signs are erected giving notice thereof, no person shall operated any vehicle with a gross weight in excess of the amounts specified on such signs at any time upon any of the streets or parts of streets for which said signs are erected in accordance with Chapter 61 of this Traffic Code. (Code of Iowa, Sec. 321.473 & 475)

66.04   LOAD LIMIT ON BRIDGES.  Where it has been determined that any City bridge has a capacity less than the maximum permitted on the streets of the City, or on the street serving the bridge, the Council may cause to be posted and maintained signs, in accordance with Chapter 61 of this Traffic Code, on said bridge and at suitable distances ahead of the entrances thereof to warn drivers of such maximum load limits, and no person shall drive a vehicle weighing, loaded or unloaded, upon said bridge in excess of such posted limit. (Code of Iowa, Sec. 321.473)

66.05   TRUCK ROUTE.  When truck routes have been designated in accordance with Chapter 61, any motor vehicle exceeding established weight limits shall comply with the following:

1.         Use of Established Routes.  Every such motor vehicle having no fixed terminal within the City or making no scheduled or definite stops within the City for the purpose of loading or unloading shall travel over or upon those streets within the City designated as truck routes and none other.
(Code of Iowa, Sec. 321.473)

2.         Deliveries Off Truck Route.  Any such motor vehicle, when loaded or empty, having a fixed terminal, making a scheduled or definite stop within the City for the purpose of loading or unloading shall proceed over or upon the designated routes to the nearest point of its scheduled or definite stop and shall proceed thereto, load or unload and return, by the most direct route to its point of departure from said designated route. (Code of Iowa, Sec. 321.473)

3.         Employer’s Responsibility.  The owner, or any other person, employing or otherwise directing the driver of any vehicle shall not require or knowingly permit the operation of such vehicle upon a street in any manner contrary to this section. (Code of Iowa, Sec. 321.472)



CHAPTER 67

PEDESTRIANS

67.01       Walking in Street                                    67.03       Pedestrian Crossing

67.02       Hitchhiking

67.01   WALKING IN STREET.  Pedestrians shall at all times, when walking on or along a street, walk on the left side of the street.
(Code of Iowa, Sec. 321.326)

67.02   HITCHHIKING.  No person shall stand in the traveled portion of a street for the purpose of soliciting a ride from the driver of any private vehicle.
(Code of Iowa, Sec. 321.331)

67.03   PEDESTRIAN CROSSING.  Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (Code of Iowa, Sec. 321.328)


CHAPTER 68

ONE-WAY TRAFFIC

68.01   ONE-WAY TRAFFIC REQUIRED.  When appropriate signs are in place, as provided for in Chapter 61 of this Traffic Code, vehicular traffic, other than permitted cross traffic, shall move only in the direction indicated on such signs. (Code of Iowa, Sec. 321.236 [4])



CHAPTER 69


PARKING REGULATIONS


69.01       Parking Limited or Controlled                                               69.07       Parking Prohibited

69.02       Park Adjacent to Curb                                           69.08       Persons with Disabilities Parking

69.03       Park Adjacent to Curb – One-way Street                             69.09       Truck Parking Limited

69.04       Angle Parking                                                         69.10       Snow Removal

69.05       Angle Parking – Manner                                        69.11       Parking Prohibited

69.06       Parking for Certain Purposes Illegal                     69.12       Controlled Access Facilities

                                                                                                69.13       Parking Limited to Fifteen Minutes

 
69.01   PARKING LIMITED OR CONTROLLED.  Parking of vehicles shall be controlled or limited where so indicated by designated traffic control devices in accordance with Chapter 61 of this Traffic Code.  No person shall stop, park or stand a vehicle in violation of any such posted parking regulations unless in compliance with the directions of a peace officer.

69.02   PARK ADJACENT TO CURB.  No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicles within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets. (Code of Iowa, Sec. 321.361)

69.03   PARK ADJACENT TO CURB – ONE-WAY STREET.  No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the leftl-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking. (Code of Iowa, Sec. 321.361)

69.04   ANGLE PARKING.  Angle or diagonal parking is permitted only in the following locations:

1.         On the streets around the Town Square. (Code of Iowa, Sec 321.361)

69.05   ANGLE PARKING – MANNER.  Upon those streets or portions of streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings.  No part of any vehicle, or the load thereon, when parked within a diagonal parking district, shall extend into the roadway more than a distance of sixteen (16) feet when measured at right angles to the adjacent curb or edge of roadway.

(Code of Iowa, Sec. 321.361)

69.06   PARKING FOR CERTAIN PURPOSES ILLEGAL.  No person shall park a vehicle upon public property for more than forty-eight (48) hours or for any of the following principal purposes:  (Code of Iowa, Sec. 321.236 [1])

 1.         Sale.  Displaying such vehicle for sale.

2.         Repairing.  For lubricating, repairing or for commercial washing of such vehicle except such repairs as are necessitated by an emergency.

3.         Advertising.  Displaying advertising.

4.         Merchandise Sales.  Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under the Code of Ordinances.

69.07   PARKING PROHIBITED.  No one shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:

1.         Crosswalk.  On a crosswalk.  (Code of Iowa, Sec. 321.358 [5])

2.         Center Parkway.  On the center parkway or dividing area of any divided street. (Code of Iowa, Sec. 321.236 [1])

3.         Mailboxes.  Within twenty (20) feet on either side of a mailbox which is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway. (Code of Iowa, Sec. 321.236 [1])

4.         Sidewalks.  On or across a sidewalk.  (Code of Iowa, Sec. 321.358 [1])

5.         Driveway.  In front of a public or private driveway.  (Code of Iowa, Sec. 321.358 [2])

6.         Intersection.  Within, or within ten (10) feet of an intersection of any street or alley. (Code of Iowa, Sec. 321.358 [3])

7.         Fire Hydrant.  Within five (5) feet of a fire hydrant.  (Code of Iowa, Sec. 321.358 [4])

8.         Stop Sign or Signal.  Within ten (10) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway. (Code of Iowa, Sec. 321.358 [6])

9.         Railroad Crossing.  Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked  parallel with such rail and not exhibiting a red light. (Code of Iowa, Sec. 321.358 [8])

10.       Fire Station.  Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign posted. (Code of Iowa, Sec. 321.358 [9])

11.       Excavations.  Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.
(Code of Iowa, Sec. 321.358 [10])

12.       Double Parking.  On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(Code of Iowa, Sec. 321.358 [11])

13.       Hazardous Locations.  When, because of restricted visibility or when standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbs to be painted with a yellow color and erect no parking or standing signs.
(Code of Iowa, Sec. 321.358 [13])

14.       Theatres, Hotels and Auditoriums.  A space of fifty (50) feet is hereby reserved at the side of the street in front of any theatre, auditorium, hotel having more than twenty-five (25) sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church, or other building where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose. (Code of Iowa, Sec. 321.360)

15.       Alleys.  No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.  The provisions of this subsection shall not apply to a vehicle parked in any alley which is eighteen (18) feet wide or less; provided said vehicle is parked to deliver goods or services. (Code of Iowa, Sec. 321.236 [1])


16.       Ramps.  In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp.
(Code of Iowa, Sec. 321.358 [15])

17.       Area Between Lot Line and Curb Line.  That area of the public way not covered by sidewalk and lying between the lot line and the curb line, where curbing has been installed.

69.08   PERSONS WITH DISABILITIES PARKING.  The following regulations shall apply to the establishment and use of persons with disabilities parking spaces:

1.         Establishment.  Persons with disabilities parking spaces shall be established and designated in accordance with Chapter 321L of the Code of Iowa and Iowa Administrative Code, 661-18.  No unauthorized person shall establish any on-street persons with disabilities parking space without first obtaining Council approval.

2.         Improper Use.  The following uses of a persons with disabilities parking space, located on either public or private property, constitute improper use of a persons with disabilities parking permit, which is a violation of this Code of Ordinances: (Code of Iowa, Sec. 321L.4[2])

A.        Use by an operator of a motor vehicle not displaying a persons with disabilities parking permit;

B.        Use by an operator of a motor vehicle displaying a persons with disabilities parking permit but not being used by a person issued a permit or being transported in accordance with Section 321L.2[1b] of the Code of Iowa;

C.        Use by a motor vehicle in violation of the rules adopted under Section 321L.8 of the Code of Iowa. (Ord. 97-142 – Jan. 02 Supp.)

 69.09   TRUCK PARKING LIMITED.

1.         Trucks weighing five (5) tons or more, loaded or empty, shall not be parked at the following locations at any time:

A.        On Wall Street between Third and Fourth Streets.

B.        On the east side of Fourth Street Between Lee and Wall Streets.

C.        On Fourth Street between Wayne and Wall Streets.

D.        On Fifth Street between Lee and Wayne Streets.

2.         Trucks weighing five (5) tons or more, loaded or empty, shall not be parked at the following locations for more than one (1) hour:

A.        On Main Street between Fourth and Fifth Streets.

B.        On the west side of Fourth Street between Lee and Wall Streets.

69.10      SNOW REMOVAL.  No person shall park, abandon or leave unattended any vehicle on any public street from 2:30 a.m. to 6:00 a.m., between November 1 and April  15 for purposes of snow removal. (Ord. 01-164 – Jan. 02 Supp) (Code of Iowa, 321.236[1])

69.11      PARKING PROHIBITED.  No person, except physicians or other persons on emergency calls, shall park a vehicle on any street within the City of Seymour corporate limits between the hours of 2 a.m. – 6 a.m. (Ord. 03-178 – July 09 Supp.)


69.12      CONTROLLED ACCESS FACILITIES.  Parking restrictions on controlled access facilities are as specified in Chapter 140 of this Code of Ordinances.

69.13      PARKING LIMITED TO FIFTEEN MINUTES. It is unlawful to park any vehicle for a continuous period of more than fifteen (15) minutes between the hours of eight o’clock (8:00) a.m. and eight o’clock (8:00) p.m. on each day upon the following designated streets:

1.      In the 200 block of North 4th Street, on the east side, from the alley north to the property line of the Seymour Post Office. (Ord. 05-186 – July 09 Supp.)



CHAPTER 70

TRAFFIC CODE ENFORCEMENT PROCEDURES


 70.01       Arrest or Citation                                     70.04       Parking Violations:  Vehicle Unattended

70.02       Scheduled Violations                                               70.05       Presumption in Reference to Illegal Parking

70.03       Parking Violations:  Alternate                  70.06       Impounding Vehicles

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:

1.         Immediate Arrest.  Immediately arrest such person and take such person before a local magistrate, or

2.         Issue Citation.  Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of public Safety and deliver the original and a copy to the court where the defendant is to appear, two copies to the defendant and retain the fifth copy for the records of the City. (Code of Iowa, Sec. 8905.6, 321.485l)

70.02   SCHEDULED VIOLATIONS.  For violations of the Traffic Code which are designated by Section 805.8 of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.l8 of the Code of Iowa. (Code of Iowa, Sec. 805.6, 805.8)

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 at the office of the City Clerk.  The simple note of a fine shall be in the amount of five dollars ($5.00) for all violations except improper use of a person with disabilities parking permit.  If such fine is not paid within thirty (30) days, it shall be increased to ten dollars ($10.00).  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. (Code of Iowa, Sec. 321.236 [1a] & 321L.4[2]) (Ord. 97-142 – Jan. 02 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:


1.         Described Vehicle.  The particular vehicle described in the information was parked in violation of the Traffic Code, and

2.         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:

1.         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])

2.         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])

3.         Snow Removal.  When any vehicle is left parked in violation of a ban on parking during snow removal operations.

4.         Parked Over Forty-eight (48) Hour Period.  When any vehicle is left parked for a continuous period of forty-eight (48) hours or more.  A diligent effort shall first be made to locate the owner.  If the owner is found the owner shall be given an opportunity to remove the vehicle. (Code of Iowa, Sec. 321.236 [1])

5.         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])


CHAPTER 76

BICYCLE REGULATIONS

76.01       Scope of Regulations                                              76.08       Carrying Articles

76.02       Traffic Code  Applies                              76.09       Riding on Sidewalks

76.03       Double Riding Restricted                        76.10       Towing

76.04       Two Abreast Limit                                  76.11       Improper Riding

76.05       Bicycle Paths                                           76.12       Parking

76.06       Speed                                                       76.13       Equipment Requirements

76.07       Emerging from Alley or Driveway         76.14       Special Penalty

76.01   SCOPE OF REGULATIONS.  These regulations shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein. (Code of Iowa, Sec. 321.236 [10])

76.02   TRAFFIC CODE APPLIES.  Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State declaring rules of the road applicable to vehicles of by the traffic code of the City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application.  Whenever such person dismounts from a bicycle the person shall be subjects to all regulations applicable to pedestrians. (Code of Iowa, Sec. 321.234)


76.03   DOUBLE RIDING RESTRICTED.  A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (Code of Iowa, Sec. 321.234 [3 and 4])

76.04   TWO ABREAST LIMIT.  Persons riding bicycles upon a roadway shall ot ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.  All bicycles ridden on the roadway shall be kept to the right and shall be operated as near as practicable to the right-hand edge of the roadway. (Code of Iowa, Sec. 321.236 [10])

76.05   BICYCLE PATHS.  Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. (Code of Iowa, Sec 321.236 [10])

76.06   SPEED.  No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Code of Iowa, Sec 321.236 [10])

76.07   EMERGING FROM ALLEY OR DRIVEWAY.  The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. (Code of Iowa, Sec. 321.236 [10])

76.08   CARRYING ARTICLES.  No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handle bars. (Code of Iowa, Sec. 321.236 [10])

76.09   RIDING ON SIDEWALKS.  Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audile signal before overtaking and passing.

(Code of Iowa, Sec. 321.236 [10])

76.10   TOWING.  It is unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the City.

76.11   IMPROPER RIDING.  No person shall ride a bicycle in an irregular or reckless manner such as zigzagging, stunting, speeding or otherwise so as to disregard the safety of the operator or others.

76.12   PARKING.  No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic. (Code of Iowa, Sec. 321.236 [10])

 76.13   EQUIPMENT REQUIREMENTS.            Every person riding a bicycle shall be responsible for providing and using equipment as provided herein:

1.         Lamps Required.  Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred (300) feet to the rear except that a red reflector on the rear, of a type which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of a rear light. (Code of Iowa, Sec 321.397)

2.         Brakes Required.  Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (Code of Iowa, Sec. 321.236 [10])

76.14   SPECIAL PENALTY.  Any person violating the provisions of this chapter may, in lieu of the scheduled fine for bicyclists or standard penalty provided for violations of the Code of Ordinances, allow the person’s bicycle to be impounded by the City for not less than five (5) days for the first offense, ten (10) days for a second offense and thirty (30) days for a third offense.


CHAPTER 81


RAILROAD REGULATIONS

81.01       Definitions                               81.04       Crossing Maintenance

81.02       Warning Signals                     81.05       Speed

81.03       Obstructing Streets

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

1.         “Railroad train” means an engine or locomotive, with or without cars coupled thereto, operated upon rails. (Code of Iowa, Sec. 321.1 [29])

2.         “Operator” means any individual, partnership, corporation or other association which owns, operates, drives or controls a railroad train.

81.02   WARNING SIGNALS.  Operators shall sound a horn at least one thousand (1,000) feet before a street crossing is reached and after sounding the horn, shall ring the bell continuously until the crossing is passed. (Code of Iowa, Sec. 327G.13)


81.03   OBSTRUCTING STREETS.  Operators shall not operate any train in such a manner as to prevent vehicular use of any highway, street or alley for a period of time in excess of ten (10) minutes except:  (Code of Iowa, Sec. 327G.32)

1.         Comply with Signals.  When necessary to comply with signals affecting the safety of the movement of trains.
2.         Avoid Striking.  When necessary to avoid striking any object or person on the track.
3.         Disabled.  When the train is disabled.
4.         Safety Regulations.  When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations.
5.         In Motion.  When the train is in motion except while engaged in switching operations.
6.         No Traffic.  When there is no vehicular traffic waiting to use the crossing.

Operators violating any provision of this section are guilty of a misdemeanor.  Any employee is not guilty of such violation if the action is necessary to comply with the direct order or instructions of a railroad corporation or its supervisors.  Such guilt is then with the railroad corporation.

81.04   CROSSING MAINTENANCE.  Operators shall construct and maintain good, sufficient and safe crossings over any street traversed by their rails.
(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 974 [1943]) (Code of Iowa, Sec. 364.11)

81.05   SPEED.  It is unlawful to operate any railroad train through any street crossing within the platted areas of the City at a speed greater than thirty-five (35) miles per hour. (Girl vs. United States R. Admin., 194 Iowa 1382, 189 N.W. 834, [1923])